266.343. Penalties for deficiency in fertilizer. - Missouri Statutes

Penalties for deficiency in fertilizer.

266.343. If any fertilizer offered for sale in this state shall uponofficial analysis prove deficient from its guarantee as stated on the bagor other container, penalties shall be assessed as follows:

(1) For a single ingredient fertilizer containing nitrogen oravailable phosphate or soluble potash:

(a) When the value of this ingredient is found to be deficient fromthe guarantee to the extent of three percent and not over five percent, thedistributor shall be liable for the actual deficiency;

(b) When the deficiency exceeds five percent of the total value, thepenalty shall be three times the actual value of the shortage;

(2) For multiple ingredient fertilizers containing two or more of thesingle ingredients: Nitrogen or available phosphate or soluble potash,penalties shall be assessed according to (a), (b) or (c) as herein stated.When a multiple ingredient fertilizer is subject to a penalty under (a),(b) and (c) only the larger penalty shall be assessed.

(a) When the total combined values of the nitrogen or availablephosphate or soluble potash is found to be deficient to the extent of threepercent and not over five percent, the distributor shall be liable for theactual deficiency in total value.

(b) When the deficiency exceeds five percent of the total value, thepenalty shall be three times the actual value of the shortage.

(c) When either the nitrogen, available phosphate or soluble potashvalue is found deficient from the guarantee to the extent of ten percent upto the maximum of two units (two percent plant food), the distributorsshall be liable for the value of such shortages.

(L. 1959 H.B. 236 § 266.345, A.L. 1997 S.B. 179)