Section 4.1-40-12 - Deficiencies1. A product is deficient if: a. One or more of its guaranteed primary plant nutrients falls below the investigational allowances and compensations established by rule;b. One or more other guaranteed active ingredients falls below the investigational allowances and compensations established by rule; orc. The overall index value of the fertilizer is shown below the level established by rule.2. A nonuniformity deficiency in an official sample of mixed fertilizer is not distinguishable from a deficiency due to actual plant nutrient shortage and is properly subject to official action.3. To determine the commercial index value to be applied, the commissioner shall determine at least annually the values per unit of nitrogen, available phosphate, and soluble potash in fertilizers in this state.4. Any fertilizer, fertilizer material, micronutrients, specialty fertilizer, soil amendment, or plant amendment in the possession of a consumer found by the commissioner to be short in weight, a penalty must be assessed to the registrant of the product. Within thirty days after official notice from the commissioner, the registrant of the product shall pay a penalty equal to four times the value of the actual shortage to the consumer.Added by S.L. 2017, ch. 67 (SB 2027),§ 9, eff. 7/1/2017.