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(1) Each in-state manufacturer and out-of-state supplier is responsible for paying the assessment fees for all commercial fertilizers and/or soil amendments distributed for agricultural use in this state. The party responsible for supplying the product into the state shall pay the assessment fees and file a bi-annual statement on or before the 30th calendar day after the end of each reporting period. The statement must specify the number of tons of each commercial fertilizer and/or soil amendment distributed in this state during each 6-month period, and to whom it was distributed. A bi-annual statement is required even if no sales or distributions occurred in a particular period. Specialty fertilizers, soil amendments not for agricultural use, and unmanipulated manures are exempt from the assessment fee and a bi-annual report is not required by persons distributing only these products.

(2) Based upon the filed reports, the person responsible for paying the assessment fee on commercial fertilizers and/or soil amendments shall pay the following:

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

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

(c) inspection fee of 10 cents per ton for agricultural soil amendments distributed when 50 tons or more are distributed during the reporting period; and

(d) educational assessment of 75 cents per ton for all fertilizers, excluding specialty fertilizers and soil amendments, in addition to the inspection fees.

(3) In the event the responsible party fails to file the bi-annual 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 the bi-annual report shall be evidence of fraudulent or deceptive practice in the evasion of these rules.

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


History: 80-10-207, MCA; IMP, 80-10-103, MCA; NEW, Eff. 11/30/85; AMD, 2003 MAR p. 2421, Eff. 9/12/03; AMD, 2010 MAR p. 1795, Eff. 8/13/10; AMD, 2018 MAR p. 630, Eff. 3/31/18.

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