Kentucky Administrative Regulations
Title 12 - AGRICULTURAL EXPERIMENT STATION
Chapter 4 - Fertilizer
Section 12 KAR 4:140 - Monetary penalties
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 250.396(1), (2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.421 requires the director to promulgate administrative regulations necessary to implement KRS 250.361 through 250.461. This administrative regulation establishes the specific method of calculating the monetary penalties required by the fertilizer law.
Section 1. Penalties for deficiencies in Total Nitrogen (N), Available Phosphate (P2O5), soluble potash (K20), and index value shall be calculated based on the table established in this section.
Number of Investigational Allowances Below Guarantee |
Penalty Schedule |
<2 |
Equal to the monetary value of the deficiency |
>2 <3 |
Two (2) times the monetary value of the deficiency |
>3 |
Three (3) times the monetary value of the deficiency |
Section 2. Minimum standards and overages of primary nutrients may reduce penalties calculated in Section 1 of this administrative regulation for fertilizer with index values equal to or greater than ninety-seven (97) percent on the basis of the table established in this section.
Number of Investiga-tional Allowances Below Guarantee |
Penalty Adjustments |
No more than one (1) deficiency that is less than or equal to two (2) investigational allowances |
Penalty adjusted to zero |
No more than one (1) deficiency that is greater than two (2) but less than three (3) investigational allowances |
Value of overages may adjust up to 100% of the value of the deficiencies |
Two (2) deficiencies that are less than three (3) investiga-tional allowances; or, no more than one (1) deficiency that is equal to or greater than three (3) but less than four (4) investi-gational allowances |
Value of overages may adjust up to 75% of the value of the deficiencies |
Section 3. If a fertilizer is subject to a penalty from both a primary nutrient deficiency and an index value deficiency, only the larger penalty shall apply and the penalty shall not exceed the total value of the fertilizer.
Section 4. Penalties for deficiencies in secondary and minor elements and for excess chlorine in tobacco fertilizer shall be calculated as established in this section.
Number of Investigational Allowances Below Guarantee |
Penalty Schedule |
<2 |
Equal to the monetary value of the deficiency |
>2 |
Two (2) times the monetary value of the deficiency |
Number of Investi-gational Allowances Above Maximum Chlorine Guarantee |
Penalty Schedule |
<2 |
Equal to the difference in the soluble potash (for tobacco) unit value and the nontobacco soluble potash unit value |
>2 |
Two (2) times the difference in the soluble potash (for tobacco) unit value and the nontobacco soluble potash unit value |
Section 5. Any penalty assessed under Section 1 of this administrative regulation shall be added to any penalty assessed under Section 4 of this administrative regulation, and the total shall be paid by the registrant to the consumer of the lot of fertilizer represented by the sample within three (3) months after the date of notice from the director, receipts taken therefore and forwarded to the director.
Section 6. The total of the penalties assessed under this administrative regulation shall not exceed the retail value of the fertilizer.
STATUTORY AUTHORITY: KRS 250.421