§781. Disposition of misbranded or adulterated amendments
If the analyses or tests show that any plant or soil amendments are misbranded or adulterated, disposition of the amendment shall be in accordance with rules. [PL 1979, c. 491, §1 (NEW).]
The commissioner may adopt rules establishing tolerable deficiencies for guaranteed analyses. He may also establish a schedule of assessments for exceeding the tolerable deficiencies. The assessments shall be against the registrant of a soil or plant amendment. The assessments shall bear a reasonable relationship to the commercial value of the deficiency. [PL 1979, c. 491, §1 (NEW).]
Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification of the assessments imposed. [PL 1979, c. 491, §1 (NEW).]
The assessments shall in no manner be construed as limiting the consumer's right to bring a civil action in damage against the registrant paying the assessment. [PL 1979, c. 491, §1 (NEW).]
For the purpose of determining commercial values to be applied under this section, the commissioner shall determine from the registrant's sales invoice the values charged for the plant or soil amending ingredients. If no invoice is available or if the invoice fails to provide sufficient information, the commissioner may use other methods to determine values. The values so determined shall be used in determining and levying assessments. [PL 1979, c. 491, §1 (NEW).]
The assessment shall in no manner be construed as limiting the department's right to bring a civil action for a penalty against the registrant. [PL 1979, c. 491, §1 (NEW).]
The assessments and penalties received shall be deposited with the Treasurer of State and are appropriated for carrying out this subchapter. These funds shall not lapse. [PL 1979, c. 491, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 491, §§1,2 (NEW).
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