2-1205.Commercial fertilizers; inspection fee,
increase or decrease in amount; records and reports; revocation of
registration; penalties; disposition of moneys received.
An inspection fee shall be collected upon all commercial fertilizers
sold, offered or exposed for sale, or distributed in Kansas, which shall be
at a rate per ton of 2,000 pounds fixed by rules and regulations adopted
by the secretary of agriculture, except that such rate shall not exceed $1.67
per ton of 2,000 pounds. The secretary of agriculture may adopt rules and
regulations establishing the inspection fee rate under this section. Each
person registering any commercial fertilizer shall pay the inspection fee on
such commercial fertilizer sold, offered or exposed for sale, or distributed in
Kansas. Each such person shall keep adequate records showing the tonnage of
each commercial fertilizer shipped to or sold, offered or exposed for sale, or
distributed in Kansas. The secretary, and duly authorized representatives of
the secretary, shall have authority to examine such records and other pertinent
records necessary to verify the statement of tonnage.
Each person registering any commercial fertilizer shall file an affidavit
semiannually, with the secretary, within 30 days after each January 1 and each
July 1, showing the tonnage of commercial fertilizer sold or distributed in
Kansas for the preceding six-month period. Each such person shall pay to the
secretary the inspection fee due for such six-month period, except that the
registrant shall not be required to pay the inspection fee or report the
tonnage of commercial fertilizers or fertilizer materials sold and shipped
directly to fertilizer manufacturers or mixers. The fertilizer manufacturers or
mixers shall keep adequate records of the commercial fertilizers sold or
distributed in this state, and report to the secretary the tonnage and pay the
inspection fee due. If the affidavit is not filed and the inspection fee is not
paid within the 30-day period, or if the report of tonnage is false, the
secretary may revoke the registrations filed by such person.
If the affidavit is not filed and the inspection fee is not paid within the
30-day period, or any extension thereof granted by the secretary,
a penalty of $10 per day shall be assessed against the
registrant, except that on and
after July 1, 2015, a penalty of $5 per day shall be assessed against the
registrant,
and the inspection fee and penalty
shall constitute a debt and become the basis for a judgment against such
person. The secretary may grant a reasonable extension of time.
The secretary of agriculture is hereby authorized and empowered to reduce the
inspection fee by adopting rules and regulations under this section whenever
the secretary determines that the inspection fee is yielding more than is
necessary for the purpose of administering the provisions of this act as listed
below and the plant pest act. The secretary is hereby authorized and empowered
to increase the inspection fee by adopting rules and regulations under this
section when it finds that such is necessary to produce sufficient revenues for
the purposes of administering the provisions of this act, except that the
inspection fee shall not be increased in excess of the maximum fee prescribed
by this section. The secretary shall remit all moneys received by or for the
secretary under article 12 of chapter 2 of Kansas Statutes Annotated, and
amendments thereto, to the state treasurer in accordance with the provisions of
K.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 and
shall credit such remittance as follows: (1) An amount equal to $1.40 per ton
shall be credited to the state water plan fund created by K.S.A. 82a-951, and
amendments thereto; (2) an amount equal to $.04 per ton shall be credited to
the fertilizer research fund; and (3)
the remainder shall be credited to the fertilizer fee fund. All expenditures
from the fertilizer fee fund shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the secretary of agriculture or by a person or persons
designated 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.
2-1205.Commercial fertilizers; inspection fee,
increase or decrease in amount; records and reports; revocation of
registration; penalties; disposition of moneys received.
An inspection fee shall be collected upon all commercial fertilizers
sold, offered or exposed for sale, or distributed in Kansas, which shall be
at a rate per ton of 2,000 pounds fixed by rules and regulations adopted
by the secretary of agriculture, except that such rate shall not exceed $1.67
per ton of 2,000 pounds. The secretary of agriculture may adopt rules and
regulations establishing the inspection fee rate under this section. Each
person registering any commercial fertilizer shall pay the inspection fee on
such commercial fertilizer sold, offered or exposed for sale, or distributed in
Kansas. Each such person shall keep adequate records showing the tonnage of
each commercial fertilizer shipped to or sold, offered or exposed for sale, or
distributed in Kansas. The secretary, and duly authorized representatives of
the secretary, shall have authority to examine such records and other pertinent
records necessary to verify the statement of tonnage.
Each person registering any commercial fertilizer shall file an affidavit
semiannually, with the secretary, within 30 days after each January 1 and each
July 1, showing the tonnage of commercial fertilizer sold or distributed in
Kansas for the preceding six-month period. Each such person shall pay to the
secretary the inspection fee due for such six-month period, except that the
registrant shall not be required to pay the inspection fee or report the
tonnage of commercial fertilizers or fertilizer materials sold and shipped
directly to fertilizer manufacturers or mixers. The fertilizer manufacturers or
mixers shall keep adequate records of the commercial fertilizers sold or
distributed in this state, and report to the secretary the tonnage and pay the
inspection fee due. If the affidavit is not filed and the inspection fee is not
paid within the 30-day period, or if the report of tonnage is false, the
secretary may revoke the registrations filed by such person.
If the affidavit is not filed and the inspection fee is not paid within the
30-day period, or any extension thereof granted by the secretary,
a penalty of $10 per day shall be assessed against the
registrant, except that on and
after July 1, 2015, a penalty of $5 per day shall be assessed against the
registrant,
and the inspection fee and penalty
shall constitute a debt and become the basis for a judgment against such
person. The secretary may grant a reasonable extension of time.
The secretary of agriculture is hereby authorized and empowered to reduce the
inspection fee by adopting rules and regulations under this section whenever
the secretary determines that the inspection fee is yielding more than is
necessary for the purpose of administering the provisions of this act as listed
below and the plant pest act. The secretary is hereby authorized and empowered
to increase the inspection fee by adopting rules and regulations under this
section when it finds that such is necessary to produce sufficient revenues for
the purposes of administering the provisions of this act, except that the
inspection fee shall not be increased in excess of the maximum fee prescribed
by this section. The secretary shall remit all moneys received by or for the
secretary under article 12 of chapter 2 of Kansas Statutes Annotated, and
amendments thereto, to the state treasurer in accordance with the provisions of
K.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 and
shall credit such remittance as follows: (1) An amount equal to $1.40 per ton
shall be credited to the state water plan fund created by K.S.A. 82a-951, and
amendments thereto; (2) an amount equal to $.04 per ton shall be credited to
the fertilizer research fund; and (3)
the remainder shall be credited to the fertilizer fee fund. All expenditures
from the fertilizer fee fund shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the secretary of agriculture or by a person or persons
designated 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.
2-1205.Commercial fertilizers; inspection fee,
increase or decrease in amount; records and reports; revocation of
registration; penalties; disposition of moneys received.
An inspection fee shall be collected upon all commercial fertilizers
sold, offered or exposed for sale, or distributed in Kansas, which shall be
at a rate per ton of 2,000 pounds fixed by rules and regulations adopted
by the secretary of agriculture, except that such rate shall not exceed $1.67
per ton of 2,000 pounds. The secretary of agriculture may adopt rules and
regulations establishing the inspection fee rate under this section. Each
person registering any commercial fertilizer shall pay the inspection fee on
such commercial fertilizer sold, offered or exposed for sale, or distributed in
Kansas. Each such person shall keep adequate records showing the tonnage of
each commercial fertilizer shipped to or sold, offered or exposed for sale, or
distributed in Kansas. The secretary, and duly authorized representatives of
the secretary, shall have authority to examine such records and other pertinent
records necessary to verify the statement of tonnage.
Each person registering any commercial fertilizer shall file an affidavit
semiannually, with the secretary, within 30 days after each January 1 and each
July 1, showing the tonnage of commercial fertilizer sold or distributed in
Kansas for the preceding six-month period. Each such person shall pay to the
secretary the inspection fee due for such six-month period, except that the
registrant shall not be required to pay the inspection fee or report the
tonnage of commercial fertilizers or fertilizer materials sold and shipped
directly to fertilizer manufacturers or mixers. The fertilizer manufacturers or
mixers shall keep adequate records of the commercial fertilizers sold or
distributed in this state, and report to the secretary the tonnage and pay the
inspection fee due. If the affidavit is not filed and the inspection fee is not
paid within the 30-day period, or if the report of tonnage is false, the
secretary may revoke the registrations filed by such person.
If the affidavit is not filed and the inspection fee is not paid within the
30-day period, or any extension thereof granted by the secretary,
a penalty of $10 per day shall be assessed against the
registrant, except that on and
after July 1, 2015, a penalty of $5 per day shall be assessed against the
registrant,
and the inspection fee and penalty
shall constitute a debt and become the basis for a judgment against such
person. The secretary may grant a reasonable extension of time.
The secretary of agriculture is hereby authorized and empowered to reduce the
inspection fee by adopting rules and regulations under this section whenever
the secretary determines that the inspection fee is yielding more than is
necessary for the purpose of administering the provisions of this act as listed
below and the plant pest act. The secretary is hereby authorized and empowered
to increase the inspection fee by adopting rules and regulations under this
section when it finds that such is necessary to produce sufficient revenues for
the purposes of administering the provisions of this act, except that the
inspection fee shall not be increased in excess of the maximum fee prescribed
by this section. The secretary shall remit all moneys received by or for the
secretary under article 12 of chapter 2 of Kansas Statutes Annotated, and
amendments thereto, to the state treasurer in accordance with the provisions of
K.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 and
shall credit such remittance as follows: (1) An amount equal to $1.40 per ton
shall be credited to the state water plan fund created by K.S.A. 82a-951, and
amendments thereto; (2) an amount equal to $.04 per ton shall be credited to
the fertilizer research fund; and (3)
the remainder shall be credited to the fertilizer fee fund. All expenditures
from the fertilizer fee fund shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the secretary of agriculture or by a person or persons
designated 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.