Truly Agreed, 2016

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SB 655, 2016    (Amended Section - as Truly Agreed)    

266.347. 1. The penalties assessed [by the director] under section 266.343 shall be paid by the distributor to the purchaser of such fertilizer, and in the event such purchaser cannot be ascertained, then said penalty shall be paid [to the director and used for the purposes specified in section 266.321, except the maximum paid the purchaser will approximate the actual value of the deficiency] to the director under section 266.331 and shall be used in accordance with the provisions of such section.
     2. [The director shall prepare] Where the preliminary analysis shows that a fertilizer has a potential plant food deficiency, the distributor shall be provided preliminary notification within two business days by telephone or email in addition to a notification letter delivered by mail. Once the analysis is certified, a written certification of penalties assessed under section 266.343 [addressed to the distributor. A copy of such certification of assessment] shall be mailed to the distributor liable for the penalty.
     3. Any decision, finding, order or ruling of the [director]
fertilizer control board made pursuant to the provisions of sections 266.291 through 266.351 shall be subject to judicial review in the manner provided by chapter 536.
     4. If any distributor shall fail to pay any penalty assessed [by the director] after the time for judicial review has expired, or after any judgment or decree approving such assessment has become final, the person entitled to such penalty under the provisions of subsection 1 shall be entitled to bring a civil action to recover the same, and in such civil action such persons shall be entitled to recover from the distributor the amount of the penalty, a reasonable attorney's fee and costs of the action.


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