Truly Agreed, 2016

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SB 655, 2016    (Amended Section - Proposed Language)

266.343. If any fertilizer offered for sale in this state shall upon official analysis prove deficient from its guarantee as stated on the bag or other container, penalties shall be assessed as follows:
     (1) For a single ingredient fertilizer containing nitrogen or available phosphate or soluble potash:
     (a) When the value of this ingredient is found to be deficient from the guarantee to the extent of three percent and not over five percent, the distributor shall be liable for the actual deficiency;
     (b) When the deficiency exceeds five percent of the total value, the penalty shall be three times the actual value of the shortage;
     (2) For multiple ingredient fertilizers containing two or more of the single ingredients: Nitrogen or available phosphate or soluble potash, penalties shall be assessed according to (a), (b) or (c) as herein stated. When a multiple ingredient fertilizer is subject to a penalty under (a), (b) and (c) only the larger penalty shall be assessed.
     (a) When the total combined values of the nitrogen or available phosphate or soluble potash is found to be deficient to the extent of three percent and not over five percent, the distributor shall be liable for the actual deficiency in total value.
     (b) When the deficiency exceeds five percent of the total value, the penalty shall be three times the actual value of the shortage.
     (c) When either the nitrogen, available phosphate or soluble potash value is found deficient from the guarantee to the extent of ten percent up to the maximum of two units (two percent plant food), the distributors shall be liable for the value of such shortages;
     (3) Total penalties assessed upon a distributor shall not exceed five thousand dollars per calendar year or the amount of the current value of the plant food deficiency, whichever is greater. A distributor who knowingly violates the provisions of sections 266.291 to 266.351 shall be assessed a penalty of not more than twenty-five thousand dollars for each offense.


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