2011 Oregon Revised Statutes
ORS Volume 13, Chapters 536 - 644
ORS Chapter 633
633.461 Tonnage reports; fees; rules; records.

(1) A person shall file a semiannual tonnage report with the State Department of Agriculture if the person:

(a) Distributes into this state, from foreign or domestic sources, a fertilizer, agricultural amendment or agricultural mineral product used as an ingredient in the in-state manufacture of a fertilizer, agricultural amendment or agricultural mineral product;

(b) Distributes into this state, from foreign or domestic sources, an end-use fertilizer, agricultural amendment or agricultural mineral product for use within this state; or

(c) Distributes into this state a fertilizer, agricultural amendment or agricultural mineral product composed of ingredients not described under paragraph (a) or (b) of this subsection.

(2) Except as provided in subsection (8) of this section, a person described in subsection (1) of this section shall pay the department an inspection fee in an amount established by rule:

(a) Not to exceed $0.45 for each ton of fertilizer, agricultural amendment or agricultural mineral products distributed, of which, after being advised by the Fertilizer Research Committee created in ORS 633.479, the department may expend an amount not to exceed $0.25 to fund grants for research and development related to the interaction of fertilizer, agricultural amendment or agricultural mineral products and ground water or surface water.

(b) Not to exceed $0.05 for each ton of gypsum, land plaster or an agricultural mineral with a principal ingredient of calcium sulfate (CaSO4 2H2O or CaSO4) distributed.

(3) Each person shall file a semiannual tonnage report required by subsection (1) of this section with the department, on forms provided by the department, setting forth the total tonnage of each product distributed into or within this state during the reporting period. The reporting periods for each year are January 1 through June 30 and July 1 through December 31. Semiannual tonnage reports and inspection fees are due within 30 days after the end of the reporting period.

(4) Notwithstanding ORS 633.362, the department may suspend or deny registration of a product until the semiannual tonnage report is filed and the inspection fee is paid as required under this section.

(5) If a person described in subsection (1) of this section does not distribute any fertilizer, agricultural amendment or agricultural mineral product into or within this state during a reporting period, the person shall file a semiannual tonnage report declaring that no distribution occurred.

(6) If a person required to file a semiannual tonnage report or pay an inspection fee does not file the report or pay the fee within 30 days of the due date established by the department:

(a) The department may assess a collection fee of 10 percent of the amount due or $25, whichever is greater; and

(b) The department may withhold registration of the product until the report is filed and the fee is paid.

(7) A person required to file a semiannual tonnage report under this section shall maintain records and a bookkeeping system that accurately indicate the tonnage of fertilizer, agricultural amendment or agricultural mineral product that is subject to inspection fees. The person shall maintain the records for a period of three years.

(8) The department may not assess inspection fees on any fertilizer, agricultural amendment or agricultural mineral product in commercial transit that is not intended for use or final distribution in this state.

(9) ORS 561.450 applies to a person who refuses to pay inspection fees due to the department under this section.

(10) If there are duplicate inspection fee payments, an application made for a refund must be on forms provided by the department and submitted to the department within 180 days of the alleged overpayment.

(11) If the inspection fees due under a semiannual tonnage report are $5 or less, the person is not required to pay the inspection fees due under that report. However, a person exempted from paying inspection fees must still file the semiannual tonnage report. [2001 c.914 18; 2009 c.97 13]