W. Va. Code R. § 61-6-11 - Deficiency Penalties
11.1.
Penalty for nitrogen, available phosphate and soluble potash. -- If the
analysis shows that a fertilizer is deficient in one or more of its guaranteed
primary plant nutrients (N-P-K) beyond the "investigational allowances" as
established by this rule, or if the overall index value of the fertilizer is
below the level established by rule, the Commissioner shall assess a penalty of
three times the commercial value of the deficiency.
11.2. Penalty for soil amendment. If the
analysis shows that any soil amendment falls short of the guaranteed analysis
in any one soil amending ingredient or in total soil amending ingredients, the
Commissioner shall assess a penalty. A penalty of three times the value of the
total soil amending ingredient deficiency shall be assessed when the total
deficiency is more than 2% under the calculated total soil amending ingredient
guarantee.
11.3. Penalty for
secondary and minor elements. If the analysis shows that any secondary and
minor element falls short of the guaranteed analysis in one or more secondary
and minor elements, the Commissioner shall assess a penalty. A penalty of three
times the value of the total secondary and minor element deficiency shall be
assessed when the total deficiency exceeds investigational allowances as
established by this rule.
11.4.
Penalty for excessive chlorine in tobacco fertilizers. If the analysis shows
chlorine exceeds the guaranteed analysis, the Commissioner shall assess a
penalty of three times the value of the chlorine excess when the excess exceeds
investigational allowances as established by this rule.
Notes
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