Sec. 40. (a) If an analysis conducted by the state chemist under section 38 of this chapter shows that a commercial fertilizer fails in any respect to meet the guaranteed analysis filed by a registrant under section 31 of this chapter, the state chemist may require the payment of a refund to the purchaser equal to the difference between:
(1) the price the purchaser paid for the commercial fertilizer; and
(2) the current value of the commercial fertilizer after the state chemist's analysis.
(b) The registrant must forward receipts for payment of refunds required under subsection (a) promptly to the state chemist. If the purchaser cannot be found, the registrant shall pay the refund to a local charitable or educational organization of the registrant's choice and forward the receipts promptly to the state chemist.
(c) This section does not prevent the appeal of the imposition of any penalty assessed by the state chemist under this chapter to a court with jurisdiction.
[Pre-2008 Recodification Citation: 15-3-3-8.]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.24.