Arizona Laws 3-276. Deficiencies in guaranteed analysis; penalties payable to consumer
A. If the analysis of any fertilizer material shows a deficiency in any constituent other than a primary plant nutrient of not more than the investigational allowance of the guaranteed total percentage of the constituent, the statement of the licensee, distributor or other person, as required by this article, is not false within the meaning of this article. When the deficiency exceeds the investigational allowance, the purchaser shall be entitled to a refund based on the percentage of the deficiency.
Terms Used In Arizona Laws 3-276
- Commercial fertilizer: means any substance that contains one or more recognized plant nutrients, that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, and other products exempted by rule. See Arizona Laws 3-262
- Department: means the Arizona department of agriculture. See Arizona Laws 3-101
- Distributor: means any person who offers for sale, sells, barters, solicits business or otherwise supplies fertilizer materials. See Arizona Laws 3-262
- Fertilizer material: means any substance or mixture of substances intended to be used for promoting or stimulating the growth of plants, increasing the productiveness of plants, improving the quality of crops or producing any chemical or physical change in the soil. See Arizona Laws 3-262
- percentage: means the percentage by weight. See Arizona Laws 3-262
- Person: includes individual, partnership, association, firm or corporation. See Arizona Laws 3-262
- Primary plant nutrient: means total nitrogen, available phosphate or soluble potash. See Arizona Laws 3-262
B. If the analysis of any commercial fertilizer shows a deficiency in the guaranteed analysis in any one primary plant nutrient, a penalty shall be assessed in accordance with the following provisions:
1. Total nitrogen: A penalty of three times the value of the deficiency, if the deficiency exceeds the investigational allowances.
2. Available phosphate: A penalty of three times the value of the deficiency, if the deficiency exceeds the investigational allowances.
3. Soluble potash: A penalty of three times the value of the deficiency, if the deficiency exceeds the investigational allowances.
C. The director shall establish by rule investigational allowances for plant nutrients.
D. Nothing contained in this article shall prohibit any person from appealing according to law.
E. All penalties assessed under this section shall be paid to the consumer of the lot of fertilizer material represented by the sample analyzed within three months after the date of notice from the department to the licensee or other responsible person and receipts taken therefor and promptly forwarded to the department. If the consumer cannot be found, the amount of the penalty shall be paid to the department. The director shall deposit, pursuant to sections 35-146 and 35-147, the penalty receipts in the state general fund.