(a)

1. (1) Penalties shall be assessed according to Penalty A or Penalty B as herein stated.
2. (2) Provided, when a fertilizer is subject to a penalty under both Penalty A and Penalty B, only the larger penalty shall be assessed.

(b) Penalty A.

1. (1) When the total nitrogen, available phosphoric acid, potash value of a fertilizer is found to be deficient from the guarantee to the extent of three percent (3%) and not over five percent (5%), the manufacturer shall be liable for the actual deficiency.
2. (2) When the deficiency exceeds five percent (5%) of the total value, the penalty shall be three (3) times the actual value of the shortage.