Restricted-use commercial fertilizers and agricultural minerals: Registration of seller, distributor or deliverer; fees; records of sales; reports.
1. It is unlawful for any person to sell or offer to sell at retail, or to distribute or deliver for transportation for delivery to the consumer or user, a restricted-use commercial fertilizer or agricultural mineral unless the person is registered with the Director.
2. Each person applying for registration must provide the Director with a registration statement that includes:
(a) The name and address of the person registering; and
(b) The name and address of any person who, on behalf of the person registering, sells, offers to sell, distributes or delivers for transportation a restricted-use commercial fertilizer or agricultural mineral.
3. All such registrations expire on December 31 of each year and are renewable annually.
4. Each person registering with the Director must pay:
(a) An annual registration fee established by regulation of the State Board of Agriculture; and
(b) A penalty fee established by regulation of the State Board of Agriculture if the person failed to renew his previous registration on or before February 1 next following its expiration, unless his registration is accompanied by a signed statement that no person named on the registration statement has sold or distributed any restricted-use commercial fertilizer or agricultural mineral during the period the registration was not in effect.
5. Each person registered pursuant to this section shall maintain for at least 2 years a record of all sales of restricted-use commercial fertilizers or agricultural minerals showing:
(a) The date of sale or delivery of the restricted-use commercial fertilizer or agricultural mineral;
(b) The name and address of the person to whom the restricted-use commercial fertilizer or agricultural mineral was sold or delivered;
(c) The brand name of the restricted-use commercial fertilizer or agricultural mineral sold or delivered;
(d) The amount of the restricted-use commercial fertilizer or agricultural mineral sold or delivered; and
(e) Such other information as may be required by the Director.
6. Each person registered pursuant to this section shall, on or before the date specified for each reporting period established pursuant to subsection 7, file a report with the Director specifying the restricted-use commercial fertilizers or agricultural minerals that the person sold during the reporting period. The Director shall provide the form for the report. The report must be filed regardless of whether the person sold any commercial fertilizers or agricultural minerals during the reporting period.
7. The Director shall adopt regulations establishing reporting periods and dates for filing reports pursuant to subsection 6.
Last modified: February 26, 2006