3-268

3-268. Inspection fees and reports; violations;
classification

A. An inspection fee at the rate of twenty cents per ton shall be paid to the
department on commercial fertilizers distributed in this state by any person subject to
the following:

1. If more than one distributor is involved in the chain of distribution, the one
who sells directly to the ultimate consumer or to a distributor exempted from a license
is responsible for submitting the tonnage report and the payment of inspection fees.

2. Distributors exempt from a license shall not be responsible for the filing of
tonnage reports or the payment of the inspection fees for products purchased from a
licensee and sold in the form in which received.

3. No inspection fees are required for commercial fertilizers sold or exchanged
between licensed manufacturers for further manufacturing or processing, or for commercial
fertilizers on which the inspection fee has been paid by a previous manufacturer or
distributor in the chain of distribution.

4. The minimum inspection fee shall be two dollars per quarter.

5. The director, after opportunity for a hearing, may decrease or increase the
inspection fee provided in this section, but at no time shall the rate exceed twenty-five
cents per ton.

B. Each person who is liable for the payment of such fee shall:

1. File, not later than the last day of January, April, July and October of each
year, a quarterly statement, setting forth the number of net tons of commercial
fertilizers distributed in this state during the preceding calendar quarter. Upon filing
the statement such person shall pay the inspection fee at the rate stated in subsection A
of this section. Inspection fees which are due and owing and have not been remitted to
the department within thirty days following the date due shall have a penalty fee of ten
per cent or ten dollars whichever is larger added to the amount due when payment is
finally made. The assessment of this penalty fee shall not prevent the director from
taking other actions pursuant to this article.

2. Keep such records as may be necessary or required by the director to indicate
accurately the tonnage of commercial fertilizer distributed in this state. The director
shall have the right to examine such records to verify statements of tonnage. Failure to
make an accurate statement of tonnage or to pay the inspection fee or comply as provided
in this section shall constitute cause for cancellation of any or all commercial
fertilizer licenses on file for the distributor.

C. Fees collected shall constitute a fund for the payment of the costs of
inspection, sampling, analysis and other expenses necessary for the administration of
this article and may also be used to grant monies for conducting research and education
projects to advance the environmentally safe and agronomically sound use and handling of
fertilizer material.

D. The director or any officer or employee of the state whose duties require the
compilation of reports based upon the information required by this section who knowingly
compiles or issues any false information or report, or who knowingly, directly or
indirectly, discloses information thus obtained regarding the business of any person,
except with the consent of such person, or in the form of unidentifiable totals, or as
authorized by section 3-266, is guilty of a class 2 misdemeanor.