Sec. 40. (a) If an analysis conducted by the state chemist under section 38 of this chapter shows that a commercial fertilizer fails in any respect to meet the guaranteed analysis filed by a registrant under section 31 of this chapter, the state chemist may require the payment of a refund to the purchaser equal to the difference between:

(1) the price the purchaser paid for the commercial fertilizer; and

Terms Used In Indiana Code 15-16-2-40

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • commercial fertilizer: means mixed fertilizer or fertilizer materials. See Indiana Code 15-16-2-8
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • registrant: means a person who registers commercial fertilizer under this chapter. See Indiana Code 15-16-2-18
(2) the current value of the commercial fertilizer after the state chemist’s analysis.

     (b) The registrant must forward receipts for payment of refunds required under subsection (a) promptly to the state chemist. If the purchaser cannot be found, the registrant shall pay the refund to a local charitable or educational organization of the registrant’s choice and forward the receipts promptly to the state chemist.

     (c) This section does not prevent the appeal of the imposition of any penalty assessed by the state chemist under this chapter to a court with jurisdiction.

[Pre-2008 Recodification Citation: 15-3-3-8.]

As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.24.

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