Vermont § 372 - Plant food variations

§ 372. Plant food variations

• (a) The Secretary may assess a penalty upon finding that a fertilizer does not conform
  to its guarantee for nitrogen, available phosphoric acid or phosphorus, and soluble
  potash or potassium content. A fertilizer shall be deemed out-of-conformance if the
  guarantee for the nitrogen, available phosphoric acid or phosphorus, or soluble potash
  or potassium exceeds the American Association of Plant Food Control Officials’ established
  permitted analytical variance at an established confidence level of 97.5 percent. (b) A penalty of two times the value of the deficiencies shall be assessed pursuant to
  procedures established by rule and shall be paid to the consumer. (c) Each registrant shall be offered an opportunity for a hearing before the Secretary.
  Penalty payments shall be made within 30 days after notice of the Secretary’s decision
  to assess a penalty. Proof of payment to the consumer shall be promptly forwarded
  to the Secretary by the registrant. (d) If the consumer cannot be found, the amount of the penalty payments shall be paid
  to the Secretary who shall deposit the payment into the revolving account established
  by subsection 364(f) of this title. (e) Fertilizer that has been purchased from a registrant or distributor and is altered
  so that the fertilizer’s analysis is different from that originally guaranteed shall
  be considered a new product. Before this new product can be distributed to the consumer,
  it shall be registered in the proper manner. If a product is not registered, the manufacturer
  of the product shall be considered liable for purposes of enforcing the provisions
  of this chapter. (f) This section is not an exclusive cause of action, and persons affected may utilize
  any other right of action available under the law. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 1989, No. 285 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10a.)