If the analysis of an official sample shows a deviation from permitted analytical variation established by the Commissioner, the registrant or other responsible person shall be penalized according to the following schedule:
Component Deviating Method of Penalty Assessment Crude protein Two times the relative percentage1 of deviation from the guarantee multiplied by the retail value of the commercial feed. Crude fat Ten percent of the retail value of the lot of commercial feed. Crude fiber Ten percent of the retail value of commercial feed.
Penalties for multiple deficiencies within a sample shall be additive; provided, that in no case shall the penalty exceed the retail value of the product. The minimum penalty under any of the foregoing provisions shall be twenty-five dollars or the retail value of the product, whichever is smaller, regardless of the value of the deficiency.
Within sixty days from the date of written notice by the Commissioner or his duly designated agent to the manufacturer, guarantor, dealer or agent, all penalties assessed and collected under this section shall be paid to the purchaser of the lot of commercial feed or pet food represented by the sample analyzed. When such penalties are paid, receipts shall be taken and promptly forwarded to the Commissioner. If the consumers cannot be found, the amount of the penalty assessed shall be paid to the Commissioner who shall deposit it in the Department of Agriculture fund, of which the State Treasurer is custodian, for the express purpose of enforcement of this article.
HISTORY: 1962 Code Section 3-660; 1952 Code Section 3-660; 1942 Code Section 6599; 1932 Code Section 6599; Civ. C. '22 Section 3509; Civ. C. '12 Section 2432; 1910 (26) 613; 1915 (29) 142; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
1Example: A feed guaranteed 16.0% protein and assaying only 14.0% will be considered as 2.0% / 16.0% or 12.5% deficient in protein. The penalty will be computed as 2 × 0.125 × retail value of the feed or 0.25 × retail value of the feed.