Section 30. Investigational allowances and penalties

A. A penalty shall be assessed against the registrant when the Virginia Department of Agriculture and Consumer Services analysis indicates a deficiency of 5.0% or more of the label statement for neutralizing value. The registrant shall refund to the purchaser a penalty equal to two times the actual cash value of the deficiency based on the delivered retail price. The minimum penalty shall be $.50 per ton.

B. A penalty of $.50 per ton shall be assessed against the registrant for each 5.0% variation below the labeled screen size. The registrant shall refund these penalties to the purchasers.

C. A penalty shall be assessed against the registrant when the Virginia Department of Agriculture and Consumer Services analysis of available potash, in lime potash mixtures, indicates a variation of 10% or more below the label statement. The registrant shall refund to the purchaser a penalty equal to two times the actual cash value of the deficiency based on delivered retail price. The minimum penalty shall be $.50 per ton.

D. A penalty shall be assessed against the registrant when the Virginia Department of Agriculture and Consumer Services analysis indicates a variation of 10% or more below the label statement for one or more of the following: Calcium Oxide, Magnesium Oxide, Calcium Carbonate, or Magnesium Carbonate. The registrant shall refund the purchaser at the rate of $1.00 per ton.

Historical Notes

Derived from VR115-04-11 § 3, eff. May 28, 1986.

Statutory Authority

§ 3.2-3701 of the Code of Virginia.