Indiana Administrative Code
Title 355 - STATE CHEMIST OF THE STATE OF INDIANA
Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER
Rule 6 - Samples and Inspection
Section 6-3 - Noncompliance with analysis; order for refund to purchaser; appeal

Universal Citation: 355 IN Admin Code 6-3

Current through March 20, 2024

Authority: IC 15-16-2-1.5

Affected: IC 15-16-2

Sec. 3.

(a) If an analysis conducted under this rule shows that a manure based fertilizer fails in any respect to meet the guaranteed analysis filed by a registrant under 355 IAC 10-3, the state chemist may require the payment of a refund to the purchaser equal to the difference between:

(1) the price the purchaser paid for the manure based fertilizer; and

(2) the current value of the manure based fertilizer after the state chemist's analysis.

(b) The registrant must forward receipts for payment of refunds required under subsection (a) promptly to the state chemist. If the purchaser cannot be found, the registrant shall pay the refund to a local charitable or educational organization of the registrant's choice and forward the receipts promptly to the state chemist.

(c) This section does not prevent the appeal of the imposition of any penalty assessed by the state chemist under this article to a court with jurisdiction.

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