2010 Tennessee Code
Title 43 - Agriculture And Horticulture
Chapter 11 - Fertilizers and Liming Materials
Part 1 - Commercial Fertilizers
43-11-106 - Inspection fees.

43-11-106. Inspection fees.

(a)  (1)  There shall be paid to the commissioner for all commercial fertilizers distributed in this state an inspection fee at the rate of twenty cents (20¢) per ton; provided, that sales to manufacturers or exchanges between them are exempted. Fees so collected shall be used for the payment of the costs of inspection, sampling and analysis, and other expenses necessary for the administration of this chapter.

     (2)  On individual packages of commercial fertilizer containing twenty-five pounds (25 lbs.) or less, there shall be paid in addition to the twenty cents (20¢) per ton inspection fee an annual registration of twenty-five dollars ($25.00) per brand.

(b)  (1)  Every person who distributes a commercial fertilizer in this state shall file with the commissioner a statement setting forth the number of net tons of each commercial fertilizer distributed in this state during a specific period of time. The forms and the time periods for which the reports are required shall be established by the commissioner by regulation.

     (2)  The twenty cents (20¢) per ton inspection fee shall be based on the statements submitted.

     (3)  The report is due on or before the fifteenth day of the month following the reporting period established by the commissioner.

     (4)  If the tonnage report is not filed and the payment of the inspection fee is not made within thirty (30) days after the end of the reporting period, a collection fee of ten percent (10%) of the amount due shall be assessed against the registrant, and the amount of fees due shall constitute a debt and become the basis of a judgment against the registrant.

(c)  When more than one (1) person is involved in the distribution of a commercial fertilizer, the last person who has the fertilizer registered and who distributes to a nonregistrant (dealer or consumer) is responsible for reporting the tonnage and paying the inspection fee, unless the report has been previously made by a prior distributor of a fertilizer.

(d)  Each person distributing or selling fertilizer is required to keep such records as may be necessary to indicate accurately the tonnage of commercial fertilizer sold in the state for three (3) years. The records shall be available for examination by the commissioner or the commissioner's agents during reasonable hours.

[Acts 1969, ch. 102, § 6; 1972, ch. 628, § 1; T.C.A., § 43-1126; Acts 1986, ch. 659, §§ 4, 5.]  

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