Idaho State Statutes - Idaho Attorney Directory

(1) If the analysis shows that
any soil amendment or plant amendment falls short of the guaranteed analysis
in any one (1) soil amending or plant amending ingredient or in total soil
amending or plant amending ingredients, a penalty shall be assessed in favor
of the department as follows:
(a) A penalty of three (3) times the value of the deficiency if the
deficiency in any one (1) soil amending ingredient is more than:
(i) Twenty percent (20%) of the guarantee on any one (1) soil
amendment or plant amendment in which the soil amending or plant
amending ingredient is guaranteed up to and including twenty percent
(20%).
(ii) Four percent (4%) under guarantee on any one (1) soil amendment
or plant amendment in which the soil amending or plant amending
ingredient is guaranteed twenty and one-tenth percent (20.1%) and
above.
(b) A penalty of three (3) times the value of the total soil amending or
plant amending ingredient deficiency shall be assessed when the total
deficiency is more than two percent (2%) under the calculated total soil
amending or plant amending ingredient guarantee.
(c) When a soil amendment or plant amendment is subject to penalties
under both (a) and (b) above, only the larger penalty shall be assessed.
(2) All penalties assessed under this section shall be paid to the
department within ninety (90) days after the date of notice from the director
to the registrant. The department shall deposit the amount of the penalty into
the commercial feed and fertilizer fund, as stipulated in section 22-2220,
Idaho Code.
(3) Nothing contained in this section shall prevent any person from
appealing to a court of competent jurisdiction for a judgment as to the
justification for penalties imposed under subsection (1) of this section.
(4) The penalties payable in subsection (1) of this section do not limit
the consumer's right to bring a civil action in damage against the registrant
paying the civil penalties.

Click here to visit the Official Idaho State Statutes