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4.12.608    REPORTING OF FERTILIZER AND FEE SCHEDULES

(1)  Every manufacturer or person responsible for registering and paying the fees for a commercial fertilizer and/or soil amendment except specialty fertilizers in packages at 10 pounds or less and unmanipulated manures, shall file on or before the 30th calendar day after the end of a month, a monthly statement setting forth the number of tons of each commercial fertilizer and/or soil amendment except specialty fertilizers in packages of 10 pounds or less and unmanipulated manures, distributed in this state during the past month and to whom it was distributed or indicate if no sales or distributions occurred.

(2)  Based upon the filed reports the person responsible to pay the fees on commercial fertilizers and/or soil amendments shall pay the following fees:

(a)  inspection fee of 25 cents per ton for fertilizer distributed other than anhydrous ammonia or soil amendments;

(b)  inspection fee at 95 cents per ton for anhydrous ammonia fertilizer distributed;

(c)  inspection fee at 10 cents per ton for a soil amendment distributed and not less than $5.00 total for reporting periods; and

(d)  educational assessment of 35 cents per ton for all fertilizers excluding soil amendments, in addition to the inspection fees.

(3)  In the event the responsible party fails to file the monthly report within 60 days after the end of the filing period, the department may initiate proceedings to revoke registration of the responsible party's registered fertilizer(s)  . The failure to file a monthly report shall be evidence of fraudulent or deceptive practice in the evasion of these rules.

(4)  In the event the responsible party fails to pay the assessment due 30 days after the end of the reported period the department shall assess a collection fee of 10% of the amount due but not less than $10.

(5)  No responsible party shall be allowed to register or re-register a fertilizer if the fees owing to the department are more than 30 days past due.

History: 80-10-207, Ch. 197, Sec. 7, L. 1985 and Ch. 310, Sec. 10, L. 1985; IMP, 80-10-103, 80-10-207, 80-10-211, 80-10-301, MCA; NEW, 1985 MAR p. 1855, Eff. 11/30/85; AMD, 2003 MAR p. 2421, Eff. 9/12/03.

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