(a) If analysis shows that a commercial fertilizer is deficient in 1 or more of its guaranteed primary plant foods (NPK) beyond the “investigational allowances” as established by published regulation, or if the overall index value of the fertilizer is below the level established by regulation, a penalty of 2.3 times the commercial value (as defined in § 2109 of this title) of such deficiency(s) shall be assessed. When a fertilizer is subject to a penalty under both, the larger penalty payment shall apply.

Terms Used In Delaware Code Title 3 Sec. 2108

  • commercial fertilizer: means any substance containing 1 or more recognized plant nutrient(s) which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and other products exempted by regulation of the Secretary;

    a. See Delaware Code Title 3 Sec. 2103

  • deficiency: means the amount of nutrient found by analysis less than that guaranteed which may result from a lack of nutrient ingredients or from lack of uniformity. See Delaware Code Title 3 Sec. 2103
  • Department: means State Department of Agriculture. See Delaware Code Title 3 Sec. 2103
  • mixed fertilizer: is a commercial fertilizer containing any combination of mixture of fertilizer materials;

    c. See Delaware Code Title 3 Sec. 2103

  • official sample: means any sample of commercial fertilizer or soil conditioner taken by the Secretary or the Secretary's agent and designated as "official" by the Secretary. See Delaware Code Title 3 Sec. 2103
  • registrant: means the person who registers commercial fertilizer or soil conditioner under this chapter. See Delaware Code Title 3 Sec. 2103
  • Secretary: means the Secretary of the State Department of Agriculture or the Secretary's duly authorized delegates. See Delaware Code Title 3 Sec. 2103

(b) Deficiencies beyond the investigational allowances as established by regulation as provided in subsection (a) of this section in any other constituent(s) covered under § 2103(8)b., c., and d. of this title, which the registrant is required to or may guarantee, shall be evaluated and penalties prescribed therefor by the Secretary by published regulation.

(c) All penalties assessed under this section shall be paid to the consumer of the lot of commercial fertilizer represented by the sample analyzed within 3 months after the date of notice from the Secretary to the registrant, receipts taken therefor and promptly forwarded to the Secretary. If said consumers cannot be found, the amount of the penalty shall be paid to the Department which shall deposit same in the General Fund.

(d) A deficiency in an official sample of mixed fertilizer resulting from nonuniformity is not distinguishable from a deficiency due to actual plant nutrient shortage and is properly subject to official action.

3 Del. C. 1953, § ?2108; 58 Del. Laws, c. 157; 67 Del. Laws, c. 260, § ?1; 83 Del. Laws, c. 140, § 1;