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250.381 Inspection fee -- Quarterly statements.
(1)
(2)
(3)
(4)
(5)
(6)
There shall be paid to the Kentucky Agricultural Experiment Station for all
fertilizers distributed in this state to nonregistrants or nonlicensees an inspection fee
at the rate of fifty cents ($0.50) per ton; except sales or exchanges between
importers, manufacturers, distributors, licensees, or registrants are exempted.
Every registrant or licensee who distributes fertilizer in the state shall file on forms
approved by the director a quarterly statement setting forth the number of net tons
of each grade of fertilizer distributed in this state, the county of the consignee, the
form in which the fertilizer was distributed, e.g., bags, bulk, or liquid, and whether
the fertilizer was for farm or nonfarm use. The report shall be due on or before the
last day of January, April, July, and October of each year, and upon the filing of the
statement the registrant or licensee shall pay the inspection fee at the rate stated in
subsection (1) of this section. If the tonnage report is not filed and the payment of
inspection fees is not made within fifteen (15) days after the due date, a collection
fee, amounting to ten percent (10%), with a minimum of fifty dollars ($50), of the
amount due shall be assessed against the registrant or licensee and added to the
amount due.
If more than one (1) person is involved in the distribution of a fertilizer, the last
person who has the fertilizer registered or is licensed and who distributed to a
nonregistrant dealer or consumer shall be responsible for reporting the tonnage and
paying the inspection fee, unless the report and payment are made by a prior
distributor of the fertilizer.
On individual packages of fertilizer containing ten (10) pounds or less, there shall
be paid, in lieu of the inspection fee of fifty cents ($0.50) per ton required by
subsection (1) of this section, an annual inspection fee of fifty dollars ($50) for each
grade of each brand sold or distributed. If a person distributes fertilizer in packages
of ten (10) pounds or less and in packages over ten (10) pounds, the annual fee shall
apply only to that portion distributed in packages of ten (10) pounds or less.
Fees collected shall be used for the payment of the costs of inspecting, sampling,
analyzing, and other expenses necessary for the administration of KRS 250.361 to
250.451.
No information furnished to the director under this section shall be disclosed in a
way to divulge the operation of any person.
Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 163, sec. 1, effective June 24, 2003. -- Amended
1994 Ky. Acts ch. 331, sec. 4, effective July 15, 1994. -- Created 1984 Ky. Acts ch.
191, sec. 5, effective July 13, 1984.
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