2-1205.   Commercial fertilizers; inspection fee,increase or decrease in amount; records and reports; revocation ofregistration; penalties; disposition of moneys received.An inspection fee shall be collected upon all commercial fertilizerssold, offered or exposed for sale, or distributed in Kansas, which shall beat a rate per ton of 2,000 pounds fixed by rules and regulations adoptedby the secretary of agriculture, except that such rate shall not exceed $1.67per ton of 2,000 pounds. The secretary of agriculture may adopt rules andregulations establishing the inspection fee rate under this section. Eachperson registering any commercial fertilizer shall pay the inspection fee onsuch commercial fertilizer sold, offered or exposed for sale, or distributed inKansas. Each such person shall keep adequate records showing the tonnage ofeach commercial fertilizer shipped to or sold, offered or exposed for sale, ordistributed in Kansas. The secretary, and duly authorized representatives ofthe secretary, shall have authority to examine such records and other pertinentrecords necessary to verify the statement of tonnage.

      Each person registering any commercial fertilizer shall file an affidavitsemiannually, with the secretary, within 30 days after each January 1 and eachJuly 1, showing the tonnage of commercial fertilizer sold or distributed inKansas for the preceding six-month period. Each such person shall pay to thesecretary the inspection fee due for such six-month period, except that theregistrant shall not be required to pay the inspection fee or report thetonnage of commercial fertilizers or fertilizer materials sold and shippeddirectly to fertilizer manufacturers or mixers. The fertilizer manufacturers ormixers shall keep adequate records of the commercial fertilizers sold ordistributed in this state, and report to the secretary the tonnage and pay theinspection fee due. If the affidavit is not filed and the inspection fee is notpaid within the 30-day period, or if the report of tonnage is false, thesecretary may revoke the registrations filed by such person.If the affidavit is not filed and the inspection fee is not paid within the30-day period, or any extension thereof granted by the secretary,a penalty of $10 per day shall be assessed against theregistrant, except that on andafter July 1, 2015, a penalty of $5 per day shall be assessed against theregistrant,and the inspection fee and penaltyshall constitute a debt and become the basis for a judgment against suchperson. The secretary may grant a reasonable extension of time.

      The secretary of agriculture is hereby authorized and empowered to reduce theinspection fee by adopting rules and regulations under this section wheneverthe secretary determines that the inspection fee is yielding more than isnecessary for the purpose of administering the provisions of this act as listedbelow and the plant pest act. The secretary is hereby authorized and empoweredto increase the inspection fee by adopting rules and regulations under thissection when it finds that such is necessary to produce sufficient revenues forthe purposes of administering the provisions of this act, except that theinspection fee shall not be increased in excess of the maximum fee prescribedby this section. The secretary shall remit all moneys received by or for thesecretary under article 12 of chapter 2 of Kansas Statutes Annotated, andamendments thereto, to the state treasurer in accordance with the provisions ofK.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance,the state treasurer shall deposit the entire amount in the state treasury andshall credit such remittance as follows: (1) An amount equal to $1.40 per tonshall be credited to the state water plan fund created by K.S.A. 82a-951, andamendments thereto; (2) an amount equal to $.04 per ton shall be credited tothe fertilizer research fund; and (3)the remainder shall be credited to the fertilizer fee fund. All expendituresfrom the fertilizer fee fund shall be made in accordance with appropriationacts upon warrants of the director of accounts and reports issued pursuant tovouchers approved by the secretary of agriculture or by a person or personsdesignated by the secretary.

      History:   L. 1927, ch. 14, § 4;L. 1949, ch. 2, § 4;L. 1973, ch. 2, § 4;L. 1982, ch. 4, § 4;L. 1989, ch. 186, § 27;L. 1990, ch. 4, § 1;L. 1999, ch. 97, § 1;L. 2000, ch. 111, § 2;L. 2001, ch. 5, § 11;L. 2002, ch. 181, § 1;L. 2004, ch. 85, § 1;L. 2004, ch. 180, § 1;L. 2009, ch. 128, § 1; July 1.