§ 3.1-106.8. (Repealed effective October 1, 2008) Reporting year; inspection fees
A. The reporting year for regulated products shall be July 1 through June 30 of the following year. Reporting shall be required as follows:
1. Except as provided in subdivision 2 of this subsection, any person who distributes any regulated product to a non-licensed person shall file the tonnage statement with the Commissioner and pay to the Commissioner the inspection fee by August 1.
2. The person specified in subdivision 1 of this subsection who distributes any regulated product shall not be required to file the tonnage statement or pay the inspection fee, if another person agrees in a written statement, filed with the Commissioner, to file the tonnage statement and to pay to the Commissioner the inspection fee by August 1.
3. Any person who, pursuant to the exception specified in subdivision 2 of this subsection, does not file the tonnage statement or pay the inspection fee, shall file with the Commissioner by August 1 on a form furnished or approved by the Commissioner a purchasing report stating the number of tons of regulated product purchased by the person during the reporting year and from whom the regulated product was purchased.
4. The person as provided in subdivision 1 of this subsection shall pay to the Commissioner a late fee, amounting to ten percent of the inspection fee due, or fifty dollars, whichever is greater, in addition to the amount of the inspection fee due, if the tonnage statement is not filed, or if said tonnage is misstated, or if the payment of inspection fees is not made within fifteen working days of the specified filing date.
B. Any person who distributes fertilizer in Virginia to a nonlicensee except as exempted in subdivision 2 of subsection A of this section shall pay to the Commissioner an inspection fee of twenty-five cents per ton of fertilizer, including specialty fertilizer, per tonnage reporting year.
C. Any person who distributes in Virginia any soil amendments, soil conditioners, or horticultural growing media to a nonlicensee except as exempted in subdivision 2 of subsection A of this section shall pay to the Commissioner an inspection fee of twenty-five cents per ton of soil amendment, soil conditioner or horticultural growing medium, per tonnage reporting year.
D. Any person who distributes regulated product in the Commonwealth shall pay to the Commissioner an annual minimum inspection fee of thirty-five dollars by August 1.
E. The Commissioner may cancel the license, permit or registration of any person who willfully fails to comply with this chapter by:
1. Failing to file the tonnage report;
2. Falsifying information;
3. Making an inaccurate statement of tonnage distributed in the Commonwealth during any reporting year;
4. Making an inaccurate listing of regulated products for registration;
5. Failing to pay the license, permit, registration or inspection fee;
6. Failing to accurately report any of the information required to be submitted under this chapter;
7. Failing to keep records for a period of three years; or
8. Failing to allow inspection of records by the Commissioner or his agent.
(1994, c. 740.)
Sections: Previous 3.1-106.3 3.1-106.4 3.1-106.4:1 3.1-106.4:2 3.1-106.5 3.1-106.6 3.1-106.7 3.1-106.8 3.1-106.9 3.1-106.10 3.1-106.11 3.1-106.12 3.1-106.13 3.1-106.14 3.1-106.15 NextLast modified: April 2, 2009