§ 15-16-2-40 — Noncompliance with analysis; order for refund to purchaser; appeal

Indiana § 15-16-2-40

• Jurisdiction: Indiana
• Art. 16: HORTICULTURE CONTROL
• Ch. 2: Commercial Fertilizers

Text

(a) If an analysis conducted by the state
chemist under section 38 of this chapter shows that a commercial
fertilizer fails in any respect to meet the guaranteed analysis filed by a
registrant under section 31 of this chapter, the state chemist may
require the payment of a refund to the purchaser equal to the difference
between:
(1) the price the purchaser paid for the commercial fertilizer; and
(2) the current value of the commercial fertilizer after the state
chemist's analysis.
(b) The registrant must forward receipts for payment of refunds
required under subsection (a) promptly to the state chemist. If the
purchaser cannot be found, the registrant shall pay the refund to a local
charitable or educational organization of the registrant's choice and
forward the receipts promptly to the state chemist.
(c) This section does not prevent the appeal of the imposition of any
penalty assessed by the state chemist under this chapter to a court with
jurisdiction.
[Pre-2008 Recodification Citation: 15-3-3-8.]

Legislative History

As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.24.