3.2-4805 - Report and inspection fees.
§ 3.2-4805. Report and inspection fees.
A. The reporting year for commercial feed tonnage shall be January 1 throughDecember 31. The manufacturer or guarantor shall, by February 1 of the nextensuing year: (i) file the tonnage statement with the Commissioner; and (ii)pay to the Commissioner the inspection fee that shall not be less than $35per year.
B. The filing of a tonnage report and the inspection fee shall be as follows:
1. Except when distributing to a contract feeder, any person who manufacturesor distributes commercial feed or a component of commercial feed under hislabel in the Commonwealth, including a person who mixes, mills, or processescustomer-formula feed, shall file with the Commissioner a tonnage statementand pay to the Commissioner an inspection fee of seven cents ($0.07) per tonof commercial feed per reporting year.
2. Any person who distributes commercial feed to contract feeders in theCommonwealth shall file with the Commissioner a tonnage statement and pay tothe Commissioner an inspection fee of seven cents ($0.07) per ton ofcommercial feed distributed to contract feeders per reporting year.
3. Any person who distributes commercial feed to a nonlicensed person:
a. Shall file the tonnage statement with the Commissioner and pay to theCommissioner the inspection fee as specified in this subsection; or
b. Shall not be required to file the tonnage statement or pay the inspectionfee if: (i) another person agrees in a written statement, filed with theCommissioner, to file the tonnage statement and pay the inspection fee byFebruary 1; and (ii) he files with the Commissioner by February 1 apurchasing report on a form furnished or approved by the Commissioner statingthe number of tons of commercial feed purchased during the reporting year andfrom whom the commercial feed was purchased.
C. The Commissioner shall not require a person to pay an inspection fee on aportion of a custom-mix feed that is produced by the purchaser or acquired bythe purchaser from a source other than the person who is paying theinspection fee.
D. The manufacturer or guarantor shall report commercial feed tonnage and paythe inspection fee on all packages of the same product name or brand name ofany commercial feed registered under this section, sold in packages ofgreater than 10 pounds, as required by this section.
E. Any person who is liable for an inspection fee that is due, and has notbeen paid to the Commissioner, within 15 working days following February 1,shall pay to the Commissioner a late fee of 10 percent of the inspection feedue, or $50, whichever is greater, in addition to the amount of inspectionfee owed. The assessment of this late fee shall not prevent the Commissionerfrom taking other action, as provided for in this chapter.
F. Any person required to pay an inspection fee, or to report commercial feedtonnage, under this chapter shall keep such records as may be necessary orrequired by the Commissioner to indicate accurately: (i) the tonnage ofcommercial feed; (ii) the product names of any medicated feeds; (iii) theproduct names of any small package commercial feeds; and (iv) the productnames of any specialty pet products distributed by the person in theCommonwealth. The person who reports commercial feed tonnage shall retainsuch records for a period of three years. The Commissioner may examine suchrecords to verify reported statements of tonnage.
(1994, c. 743, § 3.1-828.7; 2008, c. 860.)