1. (1) (a) Any penalty assessed by the Commissioner for a deficiency in an official sample of fertilizer of any primary, secondary, or micro nutrient shall be paid by the registrant if there is a deficiency in a fertilizer material or mixture which is sold and sampled in the same form and condition as delivered to the distributor or consumer. The assessed deficiency penalty shall otherwise be paid by the distributor when the distributor mixes or commingles any fertilizer materials or mixtures received from a registrant such that the guaranteed analysis would be rendered uncontrollable by the registrant.

   1. (b) A deficiency penalty will be based on the commercial value of total nitrogen (N), available phosphoric acid (P2O5), soluble potash (K2O), and secondary and micro nutrients. Any deficiency of a primary, secondary, or micro nutrient beyond the investigational allowance for such nutrient shall be assessed a penalty to the amount of three (3) times the commercial value of said deficiency.

Authority: T.C.A. § 43-11-113. Administrative History: Original rule filed October 30, 1986; effective December 14, 1986.