(1) An inspection fee in the amount set forth under subsection (2) of this section shall be paid to the State Department of Agriculture by any person who:
(a) Sells or distributes into this state, from foreign or domestic sources, a fertilizer, agricultural mineral or agricultural amendment product used as an ingredient in the in-state manufacture of a fertilizer, agricultural mineral or agricultural amendment product;
(b) Sells or distributes into this state, from foreign or domestic sources, an end-use fertilizer, agricultural mineral or agricultural amendment product for use within this state; or
(c) Sells or distributes into this state a fertilizer, agricultural mineral or agricultural amendment product to the extent the product is composed of ingredients for which an inspection fee was not charged under paragraph (a) or (b) of this subsection.
(2) A person described in subsection (1) of this section shall pay the department an inspection fee in an amount established by rule:
(a) Not to exceed $0.45 for each ton of fertilizer, agricultural mineral or agricultural amendment products sold or distributed, of which an amount not to exceed $0.25 must be continuously appropriated to the department for the sole purpose of funding grants for research and development related to the interaction of fertilizer, agricultural mineral or agricultural amendment products and ground water or surface water as described in ORS 633.479 (1).
(b) Not to exceed $0.05 for each ton of gypsum, land plaster and each agricultural mineral with a principal ingredient of calcium sulfate (CaSO4• 2H2O) sold or distributed.
(3) Each person responsible for paying an inspection fee shall file a semiannual statement with the department, on forms provided by the department, setting forth the total tonnage of each product distributed into or within the state during each reporting period. There will be two six-month reporting periods, January 1 through June 30 and July 1 through December 31 of each year. Semiannual statements and inspection fees are due within 30 days after the end of each reporting period.
(4) Notwithstanding ORS 633.362, the department may suspend or deny registration of a product until the statement is filed and the inspection fee is paid as required under this section.
(5) If a person required to file a semiannual statement under subsection (3) of this section does not sell or distribute any fertilizer, agricultural amendment or agricultural mineral product during a reporting period, the person shall file a statement declaring that no sales or distribution occurred.
(6) If a person required to file a semiannual statement or pay an inspection fee does not file the statement or pay the fee within 30 days of the due date established by the department, the department may assess a collection fee of 10 percent of the amount due or $25, whichever is greater, and the department may withhold registration of the product until the report is filed and the fee is paid.
(7) A person required to file a semiannual statement under subsection (3) of this section shall maintain records and a bookkeeping system that accurately indicate the tonnage of fertilizer, agricultural mineral or agricultural amendment product that is subject to annual inspection fees. Such records shall be maintained for a period of three years. The department may examine such records to verify the reported annual inspection fees related to the amounts of product sold or distributed in this state.
(8) Inspection fees may not be assessed on any fertilizer, agricultural mineral or agricultural amendment product in commercial transit that is not intended for use or final distribution in this state.
(9) The provisions of ORS 561.450 apply to a person who refuses to pay inspection fees due to the department under this section.
(10) In the case of duplicate inspection fee payments, an application for refund must be made on forms provided by the department and submitted to the department within 180 days of the alleged overpayment. [2001 c.914 §18]Section: Previous 633.420 633.430 633.440 633.441 633.445 633.450 633.460 633.461 633.470 633.471 633.475 633.476 633.479 633.480 633.485 Next
Last modified: August 7, 2008