La. Admin. Code tit. 7 § XI-123

Current through Register Vol. 50, No. 12, December 20, 2024

Section XI-123 - Recall of Deficient Fertilizer; Cancellation of Penalties upon Proof of Recall

A. Fertilizers which are found to be deficient may be recalled from the stream of commerce by the guarantor subject to the following provisions.

1. Prior to action to retrieve the deficient product, the guarantor shall notify the director of Agricultural Chemistry Programs and secure his approval for the recall.

2. Prior to action to retrieve the deficient product, the purchaser shall agree to the recall.

3. An agricultural inspector shall be present when the product is picked up from the purchaser.

4. The guarantor shall reimburse the purchaser the full purchase price of the product.

5. The guarantor shall furnish the director of Agricultural Chemistry Programs with a copy of the refund check and/or credit memo covering the full purchase price of the product. The purchaser and inspector shall certify in writing to the commissioner that the deficient fertilizer was returned to the guarantor and that a refund check or credit memo was issued.

B. When some, but not all, of a product which is found to be deficient is recalled as provided in §123 A, the guarantor shall pay the required penalty on any portion which cannot be recalled. In this circumstance, the penalty shall be paid to the purchaser, if known, subject to the requirements of §121, or to the commission, within 30 days of the date of the notice of the penalty.

C. Penalties levied for deficient products may be canceled by the commissioner upon acceptable proof of the recall, as required by §123 The commissioner is authorized, but not required, to waive the requirement for the physical presence of the agricultural inspector upon provision of proof satisfactory to the commissioner that the deficient product has in fact been taken out of the stream of commerce and the purchaser properly recompensed for the purchase of the deficient product.

La. Admin. Code tit. 7, § XI-123

Promulgated by the Department of Agriculture, Fertilizer Commission, LR 7:164 (April 1981), amended LR 12:496 (August 1986), amended by the Department of Agriculture and Forestry, Feed, Fertilizer, and Agricultural Liming Commission, LR 38:2522 (October 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1382.