{"data":{"id":"us-ky/krs-250.396","jurisdiction":"us-ky","citation":"KRS 250.396","heading":"Penalty for fertilizer deficiency.","body":"(1) If the analysis shall show that a fertilizer is deficient in one (1) or more of its\nguaranteed primary plant nutrients beyond the investigational allowances as\nestablished by regulation, or if the overall index value of the fertilizer is below the\nlevel established by administrative regulation, a penalty payment shall be assessed.\nThe penalty shall not exceed three (3) times the monetary value of the deficiency or\nthe retail value of the lot of fertilizer, whichever is less, with the penalty assessment\nbeing adjusted for the magnitude of the deficiency and the value of any overages of\nguaranteed nutrients as established by regulation.\n(2) Deficiencies beyond the investigational allowances as established by regulation in\nconstituents other than total nitrogen  (N), available phosphate (P205), or soluble\npotash (K20), which the registrant or licensee is required to or may guarantee, shall\nbe evaluated and penalty payments assessed and paid as established by\nadministrative regulation.\n(3) If, upon satisfactory ev idence, a person is shown to have altered the content of a\nfertilizer shipped to him by a registrant or to have mixed or commingled fertilizer\nfrom two (2) or more suppliers so that the result of either alteration changes the\nanalysis of the fertilizer as originally guaranteed, that person shall become\nresponsible for obtaining a registration and shall be held liable for all penalty\npayments and be subject to other provisions of KRS 250.361 to 250.451, including\nseizure, condemnation, and stop sale.\n(4) Nothing contained in this section shall prevent any person from appealing to a court\nof competent jurisdiction praying for judgment as to the justification of the penalty\npayments.","path":["KRS Chapter 250"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=12133","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:03Z","sha256":"e759789184e3866c5a13dae0cd359e9d0d5ca0eece86d5479ad7b66f6139ae24","source_id":"us-ky","stale":false,"prev":"us-ky/krs-250.391","next":"us-ky/krs-250.400"},"notice":"GroundRules: Original legal text. Not legal advice."}