(505 ILCS 80/8)
(from Ch. 5, par. 55.8)
If any fertilizer offered for sale in this
State proves, upon official analysis, to be deficient from its guaranteed
analysis, penalty shall be assessed against the manufacturer or custom blender
in accordance with the following provisions:
(1) When the value for a single ingredient fertilizer
containing nitrogen, available phosphate, or soluble potash is found to be deficient from the guarantee to the extent of 3% to 5% of the total value, the registrant shall be liable for the actual deficiency in value. When the deficiency exceeds 5% of the total value, the penalty shall be 3 times the actual value of the shortage.
(2) For multiple ingredient fertilizers containing 2
or more of the single ingredients: nitrogen or phosphate or potash, penalties shall be assessed according to (a) or (b) as herein stated. When a multiple ingredient fertilizer is subject to a penalty under both (a) and (b) only the larger penalty shall be assessed.
(a) When the total combined values of the
nitrogen or available phosphate or potash is found to be deficient to the extent of 3% to 5%, the registrant shall be liable for the actual deficiency in total value. When the deficiency exceeds 5% of the total value, the penalty shall be 3 times the actual value of the shortage.
(b) When either the nitrogen, available
phosphate, or potash value is found deficient from the guarantee to the extent of 20% up to the maximum of 4 units (4% plant food), the registrant shall be liable for the value of such shortages.
(3) Deficiencies in any other constituent or
constituents covered under Section 3 of this Act which the registrant is required to or may guarantee shall be evaluated by the Director and penalties therefor shall be prescribed by the Director.
Nothing contained in this Section shall prevent any entity from
appealing to a court of competent jurisdiction for judgment as to the
justification of such penalties.
All penalties assessed under this Section shall be paid to the
consumer or end user of the lot of fertilizer purchased, and
which is represented by the sample analyzed, within 3 months after the date
of notice from the Director to the registrant. Receipts shall be taken
therefor and promptly forwarded to the Director. If such consumers or end users cannot
be found, the amount of the penalty shall be paid to the Director who shall
deposit the same in the Fertilizer Control Fund.
(Source: P.A. 97-960, eff. 8-15-12.)