Section 50. Investigational allowances and assessments

A. * A commercial fertilizer shall be deemed deficient if the analysis of any primary nutrient is below the guaranteed analysis or grade by more than 0.30% plus 3.0% of the guarantee, or if the overall index value of the fertilizer is below 97.0%. Except when the found relative value of a sample is equal to or exceeds the guaranteed relative value, an overage in primary nutrients may compensate for a deficiency in another primary nutrient up to 10.0% of the guarantee of the deficient nutrient, not to exceed two units. No compensation will be allowed toward a deficiency unless the total percent of primary plant nutrients is equal to or greater than the percent guaranteed or if the deficiency exceeds 10.0% of the guarantee or the deficiency exceeds two units. If more than one primary nutrient is in deficiency status, no compensation will be allowed.

B. Assessment for deficiency of nitrate nitrogen or water insoluble nitrogen.

1. Fertilizers guaranteed to contain 1.0% or less: If the nitrogen content of any commercial fertilizer is found to be 1/3 or more, less than the guaranteed minimum, the commissioner shall make an assessment against the manufacturer, dealer, or agent. This assessment shall amount to twice the value of the deficiency.

2. Fertilizers guaranteed to contain more than 1.0%: If the nitrogen content of any commercial fertilizer is found to be 1/4 or more, less than the guaranteed minimum, the commissioner shall make an assessment against the manufacturer, dealer, or agent. This assessment shall amount to twice the value of the deficiency.

C. Secondary and minor elements shall be deemed deficient if any element is below the guarantee by an amount exceeding the values in the following schedule:

	ELEMENT
	Calcium	0.2 unit + 5.0% of guarantee
	Magnesium	0.2 unit + 5.0% of guarantee
	Sulfur	0.2 unit + 5.0% of guarantee
	Boron	0.003 unit + 25.0% of guarantee
	Cobalt	0.0001 unit + 30.0% of guarantee
	Molybdenum	0.0001 unit + 30.0% of guarantee
	Chlorine (except for tobacco)	0.005 unit + 10.0% of guarantee
	Copper	0.005 unit + 10.0% of guarantee
	Iron	0.005 unit + 10.0% of guarantee
	Manganese	0.005 unit + 10.0% of guarantee
	Sodium	0.005 unit + 10.0% of guarantee
	Zinc	0.005 unit + 10.0% of guarantee

The maximum allowance when calculated as above shall be one unit (1.0%).

D. Assessments for secondary and minor elements. For each deficiency in a secondary or micronutrient element, the commissioner shall make an assessment against the manufacturer, dealer or agent of $1.00 per ton, plus two times the commercial value of the shortage, which shall be paid to the ultimate user of the fertilizer. If the purchaser is not known, then the assessment shall be paid to the State Treasury and reported to the State Comptroller, who shall credit the amount to a special fund.

E. If the guaranteed minimum chlorine content of fertilizer labeled for tobacco is exceeded by more than 0.5%, the commissioner shall make an assessment against the manufacturer, dealer or agent equal to 10.0% of the value of the fertilizer for each 0.5% or fraction thereof of excess.

*In applying these investigational allowances, the recommended AOAC International procedures for obtaining samples, sample preparation, and analyses must be used. These are described in the 17th edition of the "Official Methods of Analysis of the AOAC International" and in subsequent issues of the "Journal of Official Analytical Chemists." Values carried to two decimals are to be used, but values may be rounded to one place where preferred in reporting.

Historical Notes

Derived from VR115-04-10 § 5, eff. June 25, 1986; amended, Volume 18, Issue 21, eff. August 1, 2002.

Statutory Authority

§ 3.2-3601 of the Code of Virginia.