State Codes and Statutes

Statutes > Utah > Title-04 > Chapter-13 > 4-13-3

4-13-3. Distribution of commercial fertilizer or soil amendment -- Registrationrequired -- Application -- Fees -- Expiration -- Renewal -- Exemptions specified -- Blendersand mixers to register name under which business conducted -- Blenders and mixers fee.
(1) (a) Each brand and grade of commercial fertilizer or soil amendment shall beregistered in the name of the person whose name appears upon the label before being distributedin this state.
(b) The application for registration shall be submitted to the department on a formprescribed and furnished by it, and shall be accompanied by a fee determined by the departmentpursuant to Subsection 4-2-2(2) for each brand and grade.
(c) Upon approval by the department, a copy of the registration shall be furnished to theapplicant.
(d) (i) Each registration expires at midnight on December 31 of the year in which issued.
(ii) Each registration is renewable for a period of one year upon the payment of an annualregistration renewal fee in an amount equal to the current applicable original registration fee.
(iii) Each renewal fee shall be paid on or before December 31 of each year.
(2) The application for registration shall include the following information:
(a) the net weight;
(b) the brand and grade;
(c) the guaranteed analysis;
(d) the name and address of the registrant; and
(e) any other information as the department may prescribe by rule.
(3) A distributor is not required to register any commercial fertilizer which has beenregistered by another person under this chapter if the label does not differ in any respect.
(4) (a) A distributor is not required to register each grade of commercial fertilizerformulated by a consumer before mixing, but is required to:
(i) register the name under which the business of blending or mixing is conducted;
(ii) pay an annual blenders license fee determined by the department pursuant toSubsection 4-2-2(2); and
(iii) label the mixed fertilizer or soil amendment as provided in Section 4-13-4.
(b) (i) A blenders license shall expire at midnight on December 31 of the year in which itis issued.
(ii) A blenders license is renewable for a period of one year upon the payment of anannual license renewal fee in an amount equal to the current applicable original blenders licensefee.
(iii) Each renewal fee shall be paid on or before December 31 of each year.
(5) (a) A fee shall be assessed on fertilizer and soil amendment products sold in the state.
(b) The fee shall be:
(i) determined by the department pursuant to Subsection 4-2-2(2); and
(ii) paid by the manufacturer or distributor on a schedule specified by rule.
(c) Revenue generated by the fee shall be deposited in the General Fund as dedicatedcredits to be used by the department for education about and promotion of proper fertilizerdistribution, handling, and use.

Amended by Chapter 81, 1997 General Session