NRS588.240. Assessment and payment of penalties when fertilizer or mineral is short of guaranteed analysis; appeal.

      1.  If the analysis shows that any commercial fertilizer or agricultural mineral falls short of the guaranteed analysis in any one ingredient, a penalty must be assessed in accordance with the following provisions:

      (a) Total nitrogen: A penalty of 3 times the value of the deficiency, if the deficiency is in excess of 0.020 of 1 percent on goods that are guaranteed 2 percent; 0.25 of 1 percent on goods that are guaranteed 3 percent; 0.35 of 1 percent on goods that are guaranteed 4 percent; 0.40 of 1 percent on goods that are guaranteed 5 percent up to and including 8 percent; 0.50 of 1 percent on goods guaranteed above 8 percent up to and including 30 percent; and 0.75 of 1 percent on goods guaranteed over 30 percent.

      (b) Available phosphoric acid: A penalty of 3 times the value of the deficiency, if the deficiency exceeds 0.40 of 1 percent on goods that are guaranteed up to and including 10 percent; 0.50 of 1 percent on goods that are guaranteed above 10 percent up to and including 25 percent; and 0.75 of 1 percent on goods guaranteed over 25 percent.

      (c) Soluble potash: A penalty of 3 times the value of the deficiency, if the deficiency is in excess of 0.20 of 1 percent on goods that are guaranteed 2 percent; 0.30 of 1 percent on goods that are guaranteed 3 percent; 0.40 of 1 percent on goods that are guaranteed 4 percent; 0.50 of 1 percent on goods guaranteed above 4 percent up to and including 8 percent; 0.60 of 1 percent on goods guaranteed above 8 percent up to and including 20 percent; and 1 percent on goods guaranteed over 20 percent.

      (d) Deficiencies in any other constituent or constituents covered under NRS 588.190 which the registrant is required to or may guarantee must be evaluated by the Director and penalties therefor must be prescribed by the Director.

      2.  The provisions of this section do not prevent any person from appealing to a court of competent jurisdiction praying for judgment as to the justification of the penalties.

      3.  All penalties assessed under this section must be paid to the consumer of the lot of commercial fertilizer or agricultural mineral represented by the sample analyzed within 3 months after the date of the notice from the Director to the registrant, and a receipt taken therefor and promptly forwarded to the Director. If the consumer cannot be found, the amount of the penalty must be paid to the Department.

      [8:203:1951]—(NRS A 1960, 33; 1961, 578; 1993, 1793; 1999, 3736)