KRS 250.396: Penalty for fertilizer deficiency.

(1) If the analysis shall show that a fertilizer is deficient in one (1) or more of its

guaranteed primary plant nutrients beyond the investigational allowances as

established by regulation, or if the overall index value of the fertilizer is below the

level established by administrative regulation, a penalty payment shall be assessed.

The penalty shall not exceed three (3) times the monetary value of the deficiency or

the retail value of the lot of fertilizer, whichever is less, with the penalty assessment

being adjusted for the magnitude of the deficiency and the value of any overages of

guaranteed nutrients as established by regulation.

(2) Deficiencies beyond the investigational allowances as established by regulation in

constituents other than total nitrogen (N), available phosphate (P205), or soluble

potash (K20), which the registrant or licensee is required to or may guarantee, shall

be evaluated and penalty payments assessed and paid as established by

administrative regulation.

(3) If, upon satisfactory ev idence, a person is shown to have altered the content of a

fertilizer shipped to him by a registrant or to have mixed or commingled fertilizer

from two (2) or more suppliers so that the result of either alteration changes the

analysis of the fertilizer as originally guaranteed, that person shall become

responsible for obtaining a registration and shall be held liable for all penalty

payments and be subject to other provisions of KRS 250.361 to 250.451, including

seizure, condemnation, and stop sale.

(4) Nothing contained in this section shall prevent any person from appealing to a court

of competent jurisdiction praying for judgment as to the justification of the penalty

payments.