§ 73.8. Investigational allowances or tolerances.

 (a)  A commercial fertilizer shall be deemed deficient if the analysis of any nutrient is below the guarantee by an amount exceeding the values in the following schedule:

Guarantee percent	Nitrogen percent	Available phosphoric acid percent	Potash percent
4 or less	.49	.67	.41
5	.51	.67	.43
6	.52	.67	.47
7	.54	.68	.53
8	.55	.68	.60
9	.57	.68	.65
10	.58	.69	.70
12	.61	.69	.79
14	.63	.70	.87
16	.67	.70	.94
18	.70	.71	1.01
20	.73	.72	1.08
22	.75	.72	1.15
24	.78	.73	1.21
26	.81	.73	1.27
28	.83	.74	1.33
30	.86	.75	1.39
32 or more	.88	.76	1.44

 (b)  For guarantees not listed in the table set forth in subsection (a), the appropriate value shall be calculated by interpolation.

 (c)  For the investigational allowances listed in subsection (a) to be applicable, the Association of Official Analytical Chemists procedures for obtaining samples, sample preparation and analysis shall be used. The procedures are described in Methods of Analysis, published by the Association of Official Analytical Chemists.

 (d)  The sampling equipment and procedures shall be those adopted by the Association of Official Analytical Chemists wherever applicable.

 (e)  The practice of averaging at least two values shall be adhered to. If more than two values are obtained, all significant values shall be averaged. Values carried to two decimals shall be used in applying averages to this table. Values shall be rounded to one place in reporting.

 (f)  Secondary and micronutrient elements shall be deemed deficient if any element is below the guarantee by an amount exceeding the values in the following table:

Element	Allowable Deficiency
Calcium	.2 unit + 5% of guarantee
Magnesium	.2 unit + 5% of guarantee
Sulfur	.2 unit + 5% of guarantee
Boron	.003 unit + 15% of guarantee
Cobalt	.0001 unit + 30% of guarantee
Molybdenum	.0001 unit + 30% of guarantee
Chlorine	.005 unit + 10% of guarantee
Copper	.005 unit + 10% of guarantee
Iron	.005 unit + 10% of guarantee
Manganese	.005 unit + 10% of guarantee
Sodium	.005 unit + 10% of guarantee
Zinc	.005 unit + 10% of guarantee

 (g)  The maximum allowance when calculated in accordance with subsection (f) shall be one unit, 1%.

Source

   The provisions of this §  73.8 adopted July 28, 1972, effective July 29, 1972, 2 Pa.B. 1435; amended February 9, 1979, effective February 10, 1979, 9 Pa.B. 498. Immediately preceding text appears at serial pages (6734) and (6735).

Notes of Decisions

   It was not necessary for the Department to establish where a particular fertilizer deficiency actually occurred but only to establish by substantial evidence that the fertilizer manufactured was deficient in its guaranteed nutrient components. Willard Agri-Service, Inc. v. Department of Agriculture, 554 A.2d 596 (Pa. Cmwlth. 1989).

   The procedures adopted by the Association of Official Analytical Chemists (AOAC) and utilized by the Department for obtaining samples, sample preparation and analysis were adequate. Willard Agri-Service, Inc. v. Department of Agriculture, 554 A.2d 596 (Pa. Cmwlth. 1989).

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