§ 4.1-40-12 — Deficiencies

1. A product is deficient if:
a. One or more of its guaranteed primary plant nutrients falls below the
investigational allowances and compensations established by rule;
b. One or more other guaranteed active ingredients falls below the investigational
allowances and compensations established by rule; or
c. The overall index value of the fertilizer is shown below the level established by
rule.
2. A nonuniformity deficiency in an official sample of mixed fertilizer is not distinguishable
from a deficiency due to actual plant nutrient shortage and is properly subject to official
action.
3. To determine the commercial index value to be applied, the commissioner shall
determine at least annually the values per unit of nitrogen, available phosphate, and
soluble potash in fertilizers in this state.
4. Any fertilizer, fertilizer material, micronutrients, specialty fertilizer, soil amendment, or
plant amendment in the possession of a consumer found by the commissioner to be
short in weight, a penalty must be assessed to the registrant of the product. Within
thirty days after official notice from the commissioner, the registrant of the product shall
pay a penalty equal to four times the value of the actual shortage to the consumer.