Marvin Mandel, Governor                         679

482.    Cancellation or refusal or registration.

The State Chemist is authorized and empowered to cancel the
registration [of any brand of commercial fertilizer] or to refuse to
register any brand of commercial fertilizer or soil conditioner as
herein provided, upon satisfactory evidence that the registrant has
used fraudulent or deceptive practices in the evasions or attempted
evasions of the provisions of this subtitle or any rules and regulations
promulgated thereunder; provided, that no registration shall be re-
voked or refused until the registrant shall have been given the
opportunity to appear for a hearing by the State Chemist.

483.    Violations of subtitle.

(a)    If an official analysis of a lot shows that a commercial fertili-
zer is deficient in one or more of its guaranteed primary plant
nutrients (nitrogen, available phosphoric acid, and soluble potash)
beyond the investigational allowance as established by regulation,
a penalty of three times the commercial value of such deficiency in
the lot analyzed shall be assessed by the State Chemist against the
registrant if the deficiency (ies) are confirmed in a hearing before the
Director of the State Board of Agriculture.

Deficiencies beyond the investigational allowances as established
by regulation in any other constituent(s) covered under Section 473,
Par. (P) 2, 3 and 4 of this Act, which the registrant is required to
or may guarantee, shall be evaluated and penalties prescribed there-
fore by the State Chemist.

(b)    For the purpose of determining the commercial value to be
applied under Section 483 (A) of this Act, the State Chemist shall
determine and publish annually the values per pound of nitrogen,
available phosphoric acid, soluble potash and other plant nutrients
as determined by the State Chemist in commercial fertilizers in this
State.

[(a)] (c) Fines; prima facie evidence of composition.—Any per-
son convicted of violating any of the provisions of this subtitle or
the rules and regulations issued thereunder or who shall impede,
obstruct, hinder, or otherwise prevent or attempt to prevent said
State Chemist, or his duly authorized agent in performance of his
duty in connection with the provisions of this subtitle, shall be
adjudged guilty of a misdemeanor and shall be fined not more than
$100 for the first violation, and not less than $100 or more than $500
for a subsequent violation. In all prosecutions under this subtitle
involving the composition of a lot of commercial fertilizer, a certified
copy of the official analysis signed by the State Chemist shall be
accepted as prima facie evidence of the composition.

[(b)] (d) Minor violations.—Nothing in this subtitle shall be
construed as requiring the State Chemist or his representative to
report for prosecution or for institution of seizure proceedings as a
result of minor violations of the subtitle when he believes that the
public interests will be best served by a suitable notice of warning
in writing.

[(c)] (e) Duty of State's attorney; opportunity to be given
distributor.—It shall be the duty of the State's attorney to whom
any violation is reported to cause appropriate proceedings to be