2013 Maryland Code
AGRICULTURE
§ 6-209 - Semiannual statement of tonnage sold; report of sales to nonregistrant

§6-209.

(a) Each person who registers any commercial fertilizer or soil conditioner in the State shall furnish the Secretary with a semiannual written statement of the tonnage of each grade of commercial fertilizer or each soil conditioner distributed in the State. This statement shall include every sale for the periods of January 1 through June 30 and July 1 through December 31 of each year.

(b) If the tonnage report is not filed and the inspection fee is not paid within 31 days after the end of the semiannual period, a collection fee amounting to 10 percent of the amount, or a minimum of $10, shall be assessed against the registrant. The amount of fees due constitute a debt and may become the basis of a judgment against the registrant.

(c) Any person who distributes any commercial fertilizer or soil conditioner shall keep records necessary or required by the Secretary to indicate accurately the tonnage of commercial fertilizer and soil conditioner distributed in the State. The Secretary has the right to examine the records to verify any statement of tonnage.

(d) Each registrant distributing or selling commercial fertilizer to a nonregistrant shall mail to the Secretary within ten days, excluding legal holidays and Sundays, after the last day of each month a statement showing the following information for that month: (1) the total tons of commercial fertilizer distributed by grades and analyses, (2) the counties to which it was distributed, and (3) the form in which the commercial fertilizer was shipped, such as, bags, bulk, or liquid. If more than one person is involved in the distribution of commercial fertilizer, the last registrant who distributes to a nonregistrant, whether a dealer or consumer, is responsible for reporting tonnage, unless a prior distributor has reported.

(e) This section does not require the disclosure of the name of the consignee or the sale price of the commercial fertilizer or any aspect of the operations of any person other than as specifically required. No information furnished pursuant to this section shall be disclosed in a way so as to divulge the operation of any person.

§ 6-209 - 1. Records of sale or distribution of ammonium nitrate fertilizer.

(a) Maintenance of records. -- A distributor shall maintain, for at least 2 years, a record of all sales or distributions of ammonium nitrate fertilizer including:

(1) The date of sale or delivery of the fertilizer;

(2) The name, address, and copy of the driver's license or picture identification card of the buyer or recipient;

(3) The quantity of fertilizer sold or delivered; and

(4) Any other information required by the Secretary.

(b) Records available on request of Secretary. -- Records maintained pursuant to subsection (a) of this section shall be made available to the Secretary upon request.

(c) Confidentiality; exceptions. --

(1) Except as provided in paragraph (2) of this subsection, the Secretary shall maintain all records or reports requested under subsection (b) of this section in a manner that protects the identity and location of the distributor and buyer or recipient.

(2) If the Secretary determines that the disclosure is necessary to protect the public, the Secretary may disclose the identity and location of the distributor and buyer or recipient to a federal, State, or local government or unit of government that requests the information in the course of performing its duties related to public safety.

(d) Regulations. -- In consultation with the Office of Homeland Security, the Secretary shall adopt regulations to carry out the provisions of this section.