2-1004.   Sale of commercial feeding stuffs;inspection fee; annual fee;permit; tonnage report; delinquency fee.(a) (1) On and after the effective date of this act through June 30, 1999, eachmanufacturer, importer, jobber, firm, association, corporation or person,manufacturing or selling any commercial feeding stuffs, shall pay to theKansas department of agriculture aninspection fee of $.105 per ton of 2,000 pounds, or fraction thereof, for eachcommercial feeding stuffs sold, offered or exposed for sale or distributed inthis state.

      (2)   On and after July 1, 1999, each manufacturer, importer, jobber, firm,association, corporation or person, manufacturing or selling any commercialfeeding stuffs, shall pay to theKansas department of agriculture an inspection fee of $.10 per ton of2,000 pounds, or fraction thereof, for each commercial feeding stuffs sold,offered or exposed for sale or distributed in this state.

      (b)   Each manufacturer, importer, jobber, firm, corporation, association ofpersons or person shall report to theKansas department of agriculture the tonnage of commercial feedingstuffs sold and shall pay the inspection fee on the basis of such report.

      (c)   In the case of specialty pet foods or pet foods which are distributed inthe state in packages of 10 pounds or less, an annual fee of $25 shall be paidin lieu of the inspection fee.

      (d)   In the case of specialty pet foods which is distributed in the state inpackages of one pound or less, an annual fee of $15 shall be paid in lieu ofthe inspection fee.

      (e)   The minimum inspection fee shall be $15 and shall be paid semiannually.

      (f)   The applicant shall keep such records as may be necessary to indicateaccurately the tonnage of commercial feeding stuffs sold, and as aresatisfactory to the secretary, andgranting the secretary or the secretary's duly authorized representativepermission to verify the statement of tonnage. The report shall be filedwith the secretary ofagriculture, andthe report of tonnage and inspection fee shall be due semiannually onthe first day of January and the first day of July, covering the tonnageof commercial feeding stuffs sold the preceding six months.

      (g)   If more than one manufacturer, importer, jobber, firm, association,corporation or person is involved in the chain of distribution, themanufacturer, importer, jobber, firm, association, corporation or person whofirst sells or distributes a commercial feeding stuff for further sale ordistribution in this state shall be responsible for payment of the applicableinspection fee for each commercial feeding stuff sold or distributed by themanufacturer, importer, jobber, firm, association, corporation or person.

      (h)   No inspection fee shall be required for any commercial feeding stuffsold under the name and label of another licensee if the inspection fee has orwill be paid by a prior manufacturer, importer, jobber, firm, association,corporation or person in the chain of distribution as evidenced by an invoiceor sales receipt.

      (i)   No inspection fee shall be required for any commercial feeding stuff onwhich the inspection fee has or will be paid by a prior manufacturer, importer,jobber, firm, association, corporation or person in the chain of distributionas evidenced by an invoice or sales receipt.

      (j)   If inspection fees, which are due andowing, have not been remitted to the secretary within 30 days following the duedate or if the report of tonnage is not accurate, the secretary shall impose adelinquency fee equal to 10% of the amount due or $50, whichever is greater. Such delinquency fee shall be in addition to the amount due.

      History:   L. 1923, ch. 105, § 4; R.S. 1923, § 2-1004; L. 1925,ch. 4, § 1; L. 1945, ch. 2, § 2; L. 1971, ch. 2, § 1; L. 1979,ch. 4, § 2; L. 1983, ch. 2, § 1;L. 1994. ch. 233, § 2; L. 1994, ch. 336, § 2;L. 2004, ch. 101, § 16; July 1.