7109 - Fees.

     § 7109.  Fees.        (a)  Inspections and tests.--The department shall have     authority to fix, adjust, assess and collect, or cause to be     collected, fees for the certification inspection service and     requested seed tests authorized by this chapter. Such fees shall     be large enough to meet the reasonable expenses incurred by the     department or its agents in making such inspections as may be     necessary for seed certification and conducting requested tests.        (b)  Service samples.--            (1)  The testing fee may be required to accompany the        sample.            (2)  Fees shall be paid by check or money order made        payable to the Commonwealth of Pennsylvania.            (3)  There shall be a $5 late fee assessed for every        month that the testing fee is past due.            (4)  A Pennsylvania Noxious Weed Seed Examination shall        be included with all purity analyses.            (5)  Service Sample Fees.                         Purity Analysis                         (including                     Combined                         Pennsylvania                   Purity                         State Noxious                  Analysis and                         Weed Seed         Germination  Germination          Kind of Seed   Examination)          Test         Test          Alfalfa               $7.00          $5.50       $12.00          Barley                 7.00           5.50        12.00          Beans, garden          6.00           6.50        12.00          Beans, Lima            6.00           7.50        13.00          Bent grass            14.00           8.00        21.50          Bluestems             26.00           8.00        33.50          Bird's-foot            trefoil              7.00           5.50        12.00          Bluegrass             15.00           8.00       22.50          Bromegrass            10.00           7.50        17.00          Buckwheat              7.00           5.50        12.00          Clovers                7.00           5.50        12.00          Corn                   5.00           6.50        11.00          Crown vetch            8.00           6.50        14.00          Deer's-tongue            grass               10.00           7.50        17.00          Fescues               10.00           7.50        17.00          Flat pea               6.00           7.50        13.00          Millets                8.50           6.50        14.50          Oats (including            fluorescence            test)                8.00           5.50        13.00          Orchard grass         12.00           7.00        18.50          Peas                   5.00           6.50        11.00          Redtop                14.00           8.00        21.50          Reed          Canary grass           9.00           6.50        15.00          Rye                    7.00           5.50        12.00          Ryegrass               9.00           6.00        14.50          Ryegrass (including            fluorescence            test)                9.00          10.50        19.00          Sorghums               8.00           6.50        14.00          Soybeans               6.00           7.50        13.00          Sudan grass            8.00           6.50        14.00          Timothy                7.00           5.50        12.00          Tobacco                8.00           6.50        14.00          Vetch                  8.00           6.50        14.00          Wheat                  7.00           5.50        12.00          Flowers                8.00           6.50        14.00          Vegetables            and herbs            except beans,            corn and peas        8.00           5.50        13.00          Tree, forb and            shrub:          without embryo            excision             8.00           9.00        16.50          with embryo            excision             8.00          20.00        27.00          with embryo            excision and            removal of pits      8.00          22.00        29.00          Mixtures:          Lawn and            turf:          Two components        22.00          16.00       36.00          Each            additional            component            8.00           8.00        15.00          Germination only                      8.00 extra          Pasture, hay and          conservation:          Two components        12.00          14.00        25.00          Each additional          component              5.00           7.00        11.00          Germination only                      6.00 extra          Miscellaneous            charges:          Interstate            noxious weed            examinations:          Lawn and turf            with purity                         6.00 extra          Lawn and turf            without purity                     20.00          All others            with purity                         5.00 extra          Pennsylvania            Noxious Weed            Seed Examination:          Lawn and turf            grasses and            mixtures                           15.00          All others                            4.00          Cold test                            10.00          Canada standards            test                               10.00          Identification                        5.00          Embryo excision            test                               15.00          Rush                                 10.00          Extra laboratory            report                              2.00          Tests not listed,            special            procedures,                        20.00            extra time, etc.                   per hour        (c)  Seed certification.--            (1)  The department will provide annually a schedule        listing application, inspection, tag and label fees.            (2)  An applicant shall include the appropriate        application fee payment for each crop. Fees shall be paid by        check or money order made payable to the Commonwealth of        Pennsylvania. Fees are nonrefundable.            (3)  The field inspection fee is based on the total acres        inspected or, in the case of grass and legumes, the pounds of        clean seed produced. An invoice stating the amount of the fee        will be sent to the applicant.            (4)  Acreage or plants withdrawn by the applicant prior        to the actual inspection may not be included except as        provided for in regulation.            (5)  Application and inspection fees.              Crop          Application Fee      Inspection Fee          Potatoes (other            than prenuclear            seed potatoes)         $25.00        $10 per acre          Prenuclear seed                        15¢ per sq. ft.,            potatoes                             assessed once            (greenhouse)            25.00        per crop          Prenuclear seed            potatoes                             $50 assessed            (laboratory)            25.00        annually          Tobacco                   25.00        $50 (minimum)          Winter barley,            wheat, rye              25.00        $3 per acre          Hybrid field corn         25.00        $7 per acre          Spring barley, oats       25.00        $3 per acre          Soybean                   25.00        $3 per acre          Grass, legume             25.00        4¢ per pound                                                 production fee;                                                 any field inspection                                                 $3 per acre          Turfgrass sod             25.00        $4 per acre                                                 (preplant inspection)                                                 $7 per acre                                                 (final inspection)          Trees                     25.00        Fees based on the                                                 actual administrative                                                 costs incurred by                                                 the department            (6)  Tag and label fees.                                              Tag            Label        Pennsylvania certified seed           10¢             10¢        Interagency certified seed            15¢             15¢        Pennsylvania certified sod                            20¢        Pennsylvania certified seed potatoes  10¢            (7)  There is a $25 per lot fee for each official        interagency sample received.            (8)  The shipping inspection fee for potatoes is $30 per        inspection.        (d)  Adjustment of fee.--If the secretary determines     following notice to the licensees that moneys derived from the     registration and inspection fees are either greater or less than     that required to administer this chapter, the secretary may     reduce or increase the inspection fee so as to maintain revenues     sufficient to administer this chapter.        (e)  Notice.--The secretary shall announce the adjustment of     fees by publishing a notice in the Pennsylvania Bulletin. The     adjusted fees shall take effect 60 days after publication of     such notice in the Pennsylvania Bulletin.