Sec. 15.18.03.06. Tonnage and Sales Information Reporting

A. Statement Required.

(1) The registrant of each commercial fertilizer or soil conditioner shall submit to the Department:

(a) A semiannual statement of the tonnage of each grade of commercial fertilizer or soil conditioner distributed in the State; and

(b) An inspection fee of 25 cents for each ton distributed, except a fertilizer or soil conditioner product distributed in a package of 10 pounds or less.

(2) This statement and inspection fee shall include each sale for the periods of January 1 through June 30 or July 1 through December 31 of each year.

B. Failure to File Statement or Pay Fee. If a registrant does not file a tonnage report and the inspection fee 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 constitutes a debt and may become the basis of a judgment against the registrant.

C. Monthly Report of Sales and Distribution to Nonregistrant.

(1) Each registrant distributing or selling a commercial fertilizer to a nonregistrant shall mail to the Department, within 10 days, excluding legal holidays and Sundays, after the last day of each month a statement showing the following information for that month:

(a) The total tons of commercial fertilizer distributed, by grades and analyses;

(b) The counties where the commercial fertilizer was distributed; and

(c) The form in which the commercial fertilizer was shipped, such as, bags, bulk, or liquid.

(2) If more than one person is involved in the distribution of the commercial fertilizer, the last registrant who distributes to a nonregistrant, whether a dealer or consumer, is responsible for reporting tonnage, unless a prior registrant has reported the tonnage distributed.

D. Reporting.

(1) The registrant of each commercial fertilizer and specialty fertilizer shall report to the Department on the amount of fertilizer sold and distributed each fiscal year beginning July 1st of a calendar year and ending on June 30th of the next calendar year, within 31 days after the end of this reporting period, for nonfarm use by grades and analysis to the following identified sectors:

(a) Lawn and turf;

(b) Golf course and athletic fields;

(c) Gardening, including but not limited to landscaped areas such as vegetable and flower gardens, shrubs and trees, containers, water gardens, potting/planting soil with fertilizer; and

(d) Greenhouses and nurseries.

(2) Instead of filing an annual report as required by this section, a registrant may file a monthly report of sales information along with the tonnage report as required by this regulation.

(3) If more than one person is involved in the sale and distribution of the commercial fertilizer and specialty fertilizer, the last registrant who sells or distributes to a nonregistrant, whether a dealer or consumer, is responsible for reporting, unless a prior registrant has reported, as required by this regulation.