(a) Requirements.--The guarantor whose name appears on a label shall submit, along with the requisite inspection fee, a report in a manner prescribed by the department listing by county the intended use and net tons of each brand and grade of fertilizer distributed in this Commonwealth for the period covered by the inspection fee. The department may promulgate regulations to establish additional tonnage reporting requirements.
(b) Multiple guarantors.--When more than one guarantor is involved in the distribution of fertilizer, the guarantor who distributed the fertilizer last shall report the tonnage and pay the inspection fee, unless the report and payment have been made by a prior distributor.
(c) Late fee.--A penalty of $25 or 10% of the total inspection fee, whichever is greater, shall be imposed for a fee or report not submitted at the required time.
(d) Examination permitted.--
(1) The department or its authorized representative may examine the records of the guarantor to verify the information contained in the reports filed with the department.
(2) Reports containing fraudulent or incorrect information shall be considered a violation of this chapter for which the department may assess a penalty as provided for in this chapter.
(e) Confidentiality of information.--
(1) Notwithstanding the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, or its successor statute, no proprietary information furnished to the department under this section shall be disclosed in a way as to knowingly or intentionally divulge a trade secret of a person subject to the provisions of this chapter.
(2) This subsection shall not apply to information furnished to a court or administrative tribunal in accordance with law.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 6803 - Registration of specialty fertilizers
Section 6804 - Components of fertilizer labeled for turf
Section 6805 - Labels and labeling
Section 6806 - Inspection fees
Section 6807 - Tonnage reports
Section 6808 - Plant nutrient deficiency
Section 6809 - Commercial value
Section 6812 - Application of fertilizer
Section 6813 - Application of fertilizer to turf
Section 6814 - Prohibited acts
Section 6815 - Agricultural and homeowner education
Section 6817 - Rules and regulations
Section 6819 - Refusal, suspension or revocation of registration or license
Section 6820 - Stop-sale orders
Section 6821 - Seizure and condemnation
Section 6822 - Unlawful conduct
Section 6823 - Inspection, sampling and analysis
Section 6824 - Interference with officer or employee of department
Section 6825 - Enforcement and penalties
Section 6828 - Cooperation with other entities
Section 6829 - Exchanges between manufacturers
Section 6830 - Confidentiality