Browse Arkansas Code titles and sections
2-19-206. Penalty for deficiency from guaranteed analysis.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-19-206. Penalty for deficiency from guaranteed analysis.
(a)(1) If any commercial fertilizer or fertilizer material offered for sale in this state shall, upon official analysis, prove deficient from its guarantee as stated on the bag or other container, to the extent of three percent (3%) and not over five percent (5%), then the manufacturer of the commercial fertilizer or fertilizer materials or his or her agent shall be liable for the actual deficiency as shown by the official analysis.
(2) If the deficiency is over five percent (5%), then the penalty will be three (3) times the amount of the total deficiency as found by the official analysis.
(3) The penalty shall apply only to the shipment sampled.
(4) In its rules, the State Plant Board may set up penalties for any guaranteed constituents found deficient beyond a reasonable tolerance.
(b)(1) Penalties assessed under this section and under such rules as may be enacted under it, except those exceeding the actual value of the shortages found, shall be paid to the consumer of the lot of deficient fertilizer within thirty (30) days after the date of notice from the board to the manufacturer or agent, receipts to be taken and promptly forwarded to the board.
(2) The value of the deficiencies, if any, exceeding the actual shortages, and the actual value of the shortages when the consumer cannot be found, shall be paid to the board within forty-five (45) days after the date of notice from the board to the manufacturer or his or her agent and shall be deposited into the Feed and Fertilizer Fund of the State Treasury.
(c)(1) The board shall ascertain the market value of the materials from the manufacturers of fertilizer and fertilizer materials specified in this subchapter to be used in the manufacture of fer
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-19-206
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:2-19-206
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c2be521006aabd66b5748f4046bd7c998505d1bc2ec7cb01c4432eab77d74db7
Source location: content.xml paragraph 4780
Stored source content
2-19-206. Penalty for deficiency from guaranteed analysis.
(a)(1) If any commercial fertilizer or fertilizer material offered for sale in this state shall, upon official analysis, prove deficient from its guarantee as stated on the bag or other container, to the extent of three percent (3%) and not over five percent (5%), then the manufacturer of the commercial fertilizer or fertilizer materials or his or her agent shall be liable for the actual deficiency as shown by the official analysis.
(2) If the deficiency is over five percent (5%), then the penalty will be three (3) times the amount of the total deficiency as found by the official analysis.
(3) The penalty shall apply only to the shipment sampled.
(4) In its rules, the State Plant Board may set up penalties for any guaranteed constituents found deficient beyond a reasonable tolerance.
(b)(1) Penalties assessed under this section and under such rules as may be enacted under it, except those exceeding the actual value of the shortages found, shall be paid to the consumer of the lot of deficient fertilizer within thirty (30) days after the date of notice from the board to the manufacturer or agent, receipts to be taken and promptly forwarded to the board.
(2) The value of the deficiencies, if any, exceeding the actual shortages, and the actual value of the shortages when the consumer cannot be found, shall be paid to the board within forty-five (45) days after the date of notice from the board to the manufacturer or his or her agent and shall be deposited into the Feed and Fertilizer Fund of the State Treasury.
(c)(1) The board shall ascertain the market value of the materials from the manufacturers of fertilizer and fertilizer materials specified in this subchapter to be used in the manufacture of fertilizer and fertilizer materials and from other reliable sources. This determination shall be done to fix units of value on them to be used in determining the amount of damages due when the official analysis shows a deficiency from the guaranteed analysis as specified in this subchapter.
(2) The board is authorized to cancel the present registration or refuse to register for the next season any fertilizer or fertilizer materials offered for sale by any manufacturer, jobber, or manipulator who fails or refuses to comply with this section.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
No explicit source connection was found. This does not mean there are no relevant authorities.