2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 23 - Fertilizer (§§ 501 — 535) › § 527 - Penalties for deficiencies in the guaranteed analysis

In the event that any commercial fertilizer shows a deficiency in any of its elements or nutritive substances in a higher degree than that specified in § 526 of this title (it being understood that each unit shall correspond to one percent (1%) per weight) [in] relation to the guaranteed analysis, after the result of the inspection and analysis of the official sample is unappealable, the manufacturer of said commercial fertilizer shall be bound to pay as a penalty, the amounts the Secretary may impose through regulations and pursuant to §§ 2101 et seq. of Title 3, provided, the official sample of said commercial fertilizer is taken from its original container, or in the manufacturer’s or distributor’s warehouses, or in the distribution or marketing channels of the commercial fertilizer, or when said fertilizer is delivered to the buyer.
In no case shall the penalty to be paid be less than one hundred and fifty dollars ($150).
Payment for these penalties shall be made in cash or by check, money order or credit note payable to the farmer or to the Secretary of the Treasury of Puerto Rico as provided below. These payments shall be remitted to the farmer or to the Department of Agriculture within thirty (30) days after notice of the penalty is served. The manufacturer shall submit certifying evidence to the Secretary of having paid the penalty within the term prescribed; Provided, That in those cases that the samples were taken, as is the case when samples not sold to the farmer are taken at the manufacturer’s or distributor’s level, said penalty shall be awarded to the Government of the Commonwealth of Puerto Rico. In all other cases payment of the penalty shall inure to the farmer. In the case of deficiencies in or violations in the analysis of specialized fertilizers, these shall be determined through an administrative hearing.
When any penalty or administrative fine imposed under §§ 519—535 of this title or the regulations approved hereunder is not paid within the term of thirty (30) days from the date the penalty or administrative fine has become final and unappealable, the manufacturer or such commercial fertilizer or amendment to the soil shall not continue manufacturing or distributing any commercial fertilizer or amendment to the soil in Puerto Rico until said fine or penalty has been paid. In case such commercial fertilizer or amendment to the soil has been manufactured outside Puerto Rico, the commercial fertilizers or amendments to the soil of such manufacturer shall not be imported or distributed in Puerto Rico until said fine or penalty is paid.
In the case of specialized fertilizers and organic fertilizers, the commercial establishment where the deficiencies are detected shall be responsible for paying the penalty. When the deficiency is identified in the facilities of the grower, the fine shall be paid by the commercial establishment that sold the material.
History —May 8, 1973, No. 19, p. 57, § 9; July 20, 1979, No. 171, p. 433, § 8; Aug. 24, 1997, No. 103, § 6; Aug. 4, 2001, No. 90, § 3.