(1) If the analysis shows that any soil amendment or plant amendment falls short of the guaranteed analysis in any one (1) soil amending or plant amending ingredient or in total soil amending or plant amending ingredients, a penalty shall be assessed in favor of the department as follows:
(a)  A penalty of three (3) times the value of the deficiency if the deficiency in any one (1) soil amending ingredient is more than:
(i)   Twenty percent (20%) of the guarantee on any one (1) soil amendment or plant amendment in which the soil amending or plant amending ingredient is guaranteed up to and including twenty percent (20%).
(ii)  Four percent (4%) under guarantee on any one (1) soil amendment or plant amendment in which the soil amending or plant amending ingredient is guaranteed twenty and one-tenth percent (20.1%) and above.
(b)  A penalty of three (3) times the value of the total soil amending or plant amending ingredient deficiency shall be assessed when the total deficiency is more than two percent (2%) under the calculated total soil amending or plant amending ingredient guarantee.
(c)  When a soil amendment or plant amendment is subject to penalties under both (a) and (b) above, only the larger penalty shall be assessed.
(2)  All penalties assessed under this section shall be paid to the department within ninety (90) days after the date of notice from the director to the registrant. The department shall deposit the amount of the penalty into the commercial feed and fertilizer fund, as stipulated in section 22-2220, Idaho Code.
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Terms Used In Idaho Code 22-2212

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Deficiency: means the amount of ingredient found by analysis to be less than that guaranteed, which may result from a lack of ingredients or lack of uniformity. See Idaho Code 22-2203
  • Department: means the Idaho department of agriculture. See Idaho Code 22-2203
  • Director: means the director of the Idaho department of agriculture or his duly authorized representative. See Idaho Code 22-2203
  • Jurisdiction: (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.
  • Person: means individual, partnership, association, firm or corporation. See Idaho Code 22-2203
  • Plant amendment: means any natural or synthetic substance applied to plants or seeds which is intended to improve germination, growth, yield, product quality, reproduction, flavor or other desirable characteristics of plants except commercial fertilizers, soil amendments, limes, unmanipulated animal manure and vegetable organic waste-derived materials, pesticides, mulch and other materials which may be exempted by rule. See Idaho Code 22-2203
  • Registrant: means the person(s) who registers soil amendments or plant amendments under this chapter. See Idaho Code 22-2203
  • Soil amendment: means :
Idaho Code 22-2203
(3)  Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification for penalties imposed under subsection (1) of this section.
(4)  The penalties payable in subsection (1) of this section do not limit the consumer’s right to bring a civil action in damage against the registrant paying the civil penalties.