South Carolina Code 46-25-1010. Penalties for plant nutrient deficiencies and other acts; appeals; distribution of penalty sums to consumers
(2) Deficiencies beyond the investigational allowances as established by regulation in any other constituent covered under § 46-25-30 which the registrant is required to or may guarantee, shall be evaluated and penalties prescribed therefor by the commission.
Terms Used In South Carolina Code 46-25-1010
- Commercial fertilizer: means a substance containing one or more recognized plant nutrients used for plant nutrient content and 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 commission. See South Carolina Code 46-25-20
- Commission: means the State Crop Pest Commission or an officer or employee of the commission to whom it delegates its authority. See South Carolina Code 46-25-20
- Distributor: means a person who imports, consigns, manufactures, produces compounds of, mixes, or blends commercial fertilizer or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this State. See South Carolina Code 46-25-20
- Guaranteed analysis: means the minimum percentage of plant nutrients claimed in accordance with § 46-25-30. See South Carolina Code 46-25-20
- 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.
- Percent: means the percentage by weight. See South Carolina Code 46-25-20
- Person: includes individual, partnership, association, firm, and corporation. See South Carolina Code 46-25-20
- Registrant: means the person who registers commercial fertilizer under this chapter. See South Carolina Code 46-25-20
(3) If the chlorine content of any lot branded for tobacco shall exceed the maximum amount guaranteed by more than one-half of one percent, the registrant shall be liable for a penalty of ten percent of the value of the fertilizer for each additional one-half of one percent of excess or fraction thereof. All penalties assessed under this section shall be paid to the consumer of the lot of fertilizer represented by the sample analyzed.
(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 such penalties.
(5) All penalties must be paid within thirty-one calendar days after notice of assessment is made. Failure to pay penalties after notice may result in the revocation of the registrant’s license. All penalties assessed under this article for deficiencies in guaranteed analysis of a commercial fertilizer must be entirely for the benefit of the ultimate consumer of the fertilizer. All penalties must be paid by the registrant, manufacturer, distributor, or dealer to the purchaser through the commission, or its authorized representative, by a check or by a credit memorandum in the case of indebtedness of the purchaser to the seller. If the purchaser is not identified, the penalty must be paid by check to the State Treasurer who in turn shall send it to the commission or its authorized representative. The minimum penalty for any deficiency is ten dollars.