§ 2-37-109 - Inspection fees and reports.
               	 		
2-37-109.    Inspection fees and reports.
    (a)  An  inspection fee at the rate of thirty cents ($.30) per ton shall be paid  on commercial feeds distributed in this state by the person whose name  appears on the label as the manufacturer, guarantor or distributor,  except that a person other than the manufacturer, guarantor or  distributor may assume liability for the inspection fee, subject to the  following:
      (1)  No fee shall be paid on a commercial feed if the payment has been made by a previous distributor.
      (2)  No  fee shall be paid on customer-formula feeds if the inspection fee is  paid on the commercial feeds which are used as ingredients therein.
      (3)  No  fee shall be paid on commercial feeds which are used as ingredients for  the manufacture of commercial feeds. If the fee has already been paid,  credit shall be given for such payment.
      (4)  On  commercial feed distributed in quantities of twenty-five (25) tons or  less, a minimum fee of ten dollars ($10.00) per quarterly report shall  be paid. A tonnage report and minimum fee is due for each reporting  period, even though no distribution of commercial feeds occurred in the  state during that period.
(b)  Each person who is liable for the payment of such fee shall:
      (1)  File,  not later than the last day in January, April, July, and October of  each year, quarterly statement, setting forth the number of net tons of  commercial feeds distributed in this state during the preceding three  (3) months; and upon filing such statement shall pay the inspection fee  at the rate stated in subsection (a) of this section. Inspection fees  which are due and owing and have not been remitted to the State Plant  Board within fifteen (15) days following the date due shall have a  penalty fee of fifteen percent (15%) or twenty-five dollars ($25.00),  whichever is the higher, added to the amount due when payment is finally  made. The assessment of this penalty fee shall not prevent the board  from taking other actions as provided in this chapter.
      (2)  Keep  such records as may be necessary or required by the board to indicate  accurately the tonnage of commercial feed distributed in this state, and  the board shall have the right to examine such records to verify  statements of tonnage. Failure to make an accurate statement of tonnage  or to pay the inspection fee or comply as provided herein shall  constitute sufficient cause for the cancellation of the license of a  distributor. However, no license shall be canceled or revoked before the  distributor has been given an opportunity to be heard before the board  and to pay the fees owed under this section.
(c)  Fees  collected shall constitute a fund for the payment of the costs of  inspection, sampling, and analysis, and other expenses necessary for  administration of this chapter and shall be deposited into the State  Treasury to the credit of the Plant Board Fund.