                                 CODE OF VIRGINIA

PLANT FOOD DEFICIENCY (§ 3.2-3615)

A. The Commissioner shall calculate assessments for a deficiency of: (i) total
nitrogen (N); (ii) available phosphate (P205); or (iii) soluble potash (K20). If
the analysis shows that the fertilizer is deficient: (a) in one or more of the
guaranteed primary plant nutrients, beyond the investigational allowances and
compensations, as established by regulation; or (b) that the overall index value
of the fertilizer is below the level established by regulation, then an
assessment for variance from guarantee of two times the value of such
deficiency, not to exceed $5,000 per occurrence, shall be paid to the consumer
by the guarantor. When the fertilizer is subject to an assessment under both
clauses (a) and (b), the Commissioner shall calculate assessments under both
such clauses and the guarantor shall pay to the consumer the larger of the two
assessments.

B. If, upon evidence satisfactory to the Commissioner, a person is found to
have: (i) altered the content of any fertilizer shipped to him by a licensee; or
(ii) mixed, or commingled, fertilizer from two or more distributors, such that
the result of either alteration changes the analysis of the fertilizer as
originally guaranteed, then the person who has altered, mixed or commingled
shall: (a) obtain a license and register the altered or mixed product; (b) be
held liable for all assessments; and (c) be subject to other provisions of this
chapter including seizure, condemnation, and stop sale.

C. A deficiency in an official sample of mixed fertilizer, resulting from
nonuniformity, is not distinguishable from a deficiency due to actual plant
nutrient shortage, and any deficiency due to nonuniformity shall be subject to
the provisions of this chapter.

HISTORY: 1994, c. 740, § 3.1-106.13; 2008, c. 860; 2011, cc. 552, 564.