Sec. 34. (a) Each registrant shall apply to the state chemist for a permit to report the tonnage of commercial fertilizer sold and pay the inspection fee of forty-five cents ($0.45) per ton on the basis of the report. In making the application, the registrant must agree to the following:
(1) To keep records that the state chemist requires to indicate accurately the tonnage and kinds of commercial fertilizers sold in Indiana.
(2) To grant the state chemist permission to examine those records and verify the statement of tonnage.
(3) To report under oath to the state chemist on forms furnished by the state chemist the tonnage of commercial fertilizer sold during the period covered.
(b) The state chemist:
(1) may grant the permit if the state chemist determines that the application of the permit to report tonnage of commercial fertilizer described in subsection (a) will lead to efficient enforcement of this chapter; and
(2) may revoke the permit at any time if it appears to the state chemist that the registrant is not complying with:
(A) the terms of the agreement entered into at the time of the issuance of the permit; or
(B) this chapter.
(c) The report of tonnage is due and the inspection fees are payable semiannually on the last day of the month following the end of the semiannual period.
(d) If:
(1) the report of tonnage is not filed and the inspection fee paid by the fifteenth day following the due date;
(2) the report of tonnage is false; or
(3) the permit holder has not complied with labeling requirements of this chapter;
the state chemist may revoke the permit.
(e) If the inspection fee is unpaid after the fifteen (15) day grace period described in subsection (d), a penalty shall be assessed in the amount of:
(1) fifty dollars ($50); or
(2) ten percent (10%) of the amount due;
whichever is greater, in addition to the amount due.
[Pre-2008 Recodification Citations: subsection (a) formerly 15-3-3-6(c); subsections (b), (c), (d) formerly 15-3-3-6(d); subsection (e) formerly 15-3-3-6(e).]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.20.
Structure Indiana Code
Title 15. Agriculture and Animals
Article 16. Horticulture Control
Chapter 2. Commercial Fertilizers
15-16-2-1. State Chemist; Appointment
15-16-2-1.5. Manure Based Fertilizer; Exceptions; Rules
15-16-2-2. Construction of Chapter
15-16-2-2.5. "Ammonium Nitrate"
15-16-2-8. "Commercial Fertilizer"
15-16-2-11. "Fertilizer Material"
15-16-2-13. "Mixed Fertilizer"
15-16-2-16. "Percent"; "Percentage"
15-16-2-20. "Specialty Fertilizer"
15-16-2-24. Office of the State Chemist Established; Appointment; Administration
15-16-2-25. Fertilizer Advisory Board; Establishment; Membership
15-16-2-26. Members; Removal; Vacancies
15-16-2-30. Per Diem and Travel Expenses
15-16-2-32. Labeling Requirements
15-16-2-33. Inspection Fee; Exemptions
15-16-2-34. Permit to Report Commercial Fertilizer Sold; Fee
15-16-2-35. Disposition of Inspection Fees
15-16-2-36. Excess Funds From Fees Collected; Disposition
15-16-2-37. Annual Publication by State Chemist; Information Required
15-16-2-38. Inspection, Analysis, and Tests; Entry Onto Premises; Subpoenas
15-16-2-39. Official Commercial Fertilizer Analysis; Report
15-16-2-40. Noncompliance With Analysis; Order for Refund to Purchaser; Appeal
15-16-2-41. Storage of Bulk Fertilizers
15-16-2-42. Misbranded and Adulterated Commercial Fertilizers; Unlawful Distribution
15-16-2-44. Rules; Certification and Education Programs; Fees; Waivers
15-16-2-44.5. Disposition of Fees
15-16-2-45. Use of Technologies to Protect Waters From Release of Bulk Fertilizers
15-16-2-46. Stop Sale, Use, or Removal Orders
15-16-2-49.5. Violations; Penalties
15-16-2-50. Regulation by Political Subdivision Prohibited; Petition; Hearing