Idaho Code 22-611 – Penalties
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(1) If the analysis shows that any fertilizer deviates from the guaranteed analysis in any plant nutrient, micronutrient, or in total nutrients, a penalty shall be assessed in favor of the department at the rate of three (3) times the value of the deficiency or twenty-five dollars ($25.00), whichever is greater, when the deviation exceeds the tolerances established by rules promulgated under this chapter. Provided, that penalties for any specialty fertilizer that deviates from the guaranteed analysis in any plant nutrient, micronutrient, or in total nutrients shall be determined as authorized under section 22-619, Idaho Code, and rules promulgated pursuant to this chapter.
(2) All penalties assessed under this section or any rule hereunder on any one (1) fertilizer, represented by the sample analyzed, shall be paid to the department within three (3) months after the date of notice from the department to the registrant. The department shall deposit the amount of the penalty into the "commercial feed and fertilizer fund."
Terms Used In Idaho Code 22-611
- Deficiency: means the amount of nutrient found by analysis to be less than that guaranteed, which may result from a lack of nutrient ingredients or from lack of uniformity. See Idaho Code 22-603
- Department: means the Idaho state department of agriculture or its authorized representative. See Idaho Code 22-603
- Fertilizer: means any substance containing one (1) or more recognized plant nutrient which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, and includes limes and gypsum. See Idaho Code 22-603
- Guaranteed analysis: means the minimum percentage of plant nutrients claimed, for a total nitrogen, available phosphate, or soluble potash fertilizer, consistent with the grade and in the following order and form:
Idaho Code 22-603Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Micronutrient: means boron (B), chlorine (Cl), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), nickel (Ni), sodium (Na), and zinc (Zn). See Idaho Code 22-603 Person: means an individual, partnership, association, firm or corporation. See Idaho Code 22-603 Registrant: means the person who registers fertilizer under the provisions of this act. See Idaho Code 22-603 Specialty fertilizer: means a fertilizer distributed for nonagricultural use. See Idaho Code 22-603
(3) Nothing contained in this section or any rule hereunder shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification of such penalties imposed under subsections (1) and (2) of this section.
(4) Penalties payable as provided for in subsections (1) and (2) of this section or any rule hereunder shall in no manner be construed as limiting the consumer’s right to bring a civil action in damage against the registrant paying the penalties.
(5) Penalties for short weights, both packaged and bulk, shall be assessed at the rate of three (3) times the invoiced value if the deficiency exceeds the tolerances established by rule.