3-272

3-272. Commercial fertilizer license; specialty
fertilizers

A. No person may manufacture or distribute commercial fertilizer in this state
without a commercial fertilizer license from the division, except that no license shall
be required of persons distributing only:

1. Commercial fertilizers to licensed manufacturers for further manufacturing.

2. Packaged commercial fertilizer in the original packages or containers of a
licensee as packaged and labeled by the licensee.

3. Bulk commercial fertilizer in the form received from a licensee and labeled as
required with label information furnished by the licensee, except for a net weight
statement.

B. Applications for a license shall be made on forms prescribed by the director
listing each business location used in the manufacture or distribution of commercial
fertilizer in this state and such other information the director requires. Applications
shall be accompanied by a license fee of one hundred twenty-five dollars per year for
each separate place of business used in the manufacture of commercial fertilizers in this
state. Applications of manufacturers or distributors having no established place of
business in this state, but otherwise subject to a license under this section, shall be
accompanied by a license fee of one hundred twenty-five dollars per year. All licenses
issued through 1998 shall expire on the last day of February of the following
year. Beginning in 1999, the director may provide by rule for licenses having a term of
one or more years and may prescribe the date on which licenses expire. Licenses are not
transferable and no credit or refund may be granted for licenses held for less than a
full license year. Monies collected from license fees shall be allocated as follows:

1. Twenty-five dollars for each year of the license term shall be allocated
pursuant to section 3-269.

2. One hundred dollars for each year of the license term shall be deposited in the
water quality assurance revolving fund established by section 49-282.

C. In addition to the requirements of subsections A and B of this section, the
manufacturer or distributor whose name appears on the label of a specialty fertilizer
shall register each specialty fertilizer with the division. The director may provide by
rule for multiyear licenses. Applications for registration shall be accompanied by a
registration fee of fifty dollars per year per brand and grade of specialty
fertilizer. The director may, after opportunity for hearing, decrease or increase the
registration fee prescribed by this subsection but at no time shall the rate exceed one
hundred dollars per year. For purposes of this subsection, "specialty fertilizer" means
a commercial fertilizer which is distributed for nonfarm use, including home gardens,
lawns, golf courses, parks and cemeteries.