§ 2-37-104 — Registration and licensing

(a) (1) Any person: (A) Who manufactures a commercial feed within this state; (B) Who distributes a commercial feed in or into the state; or (C) Whose name appears on the label of a commercial feed as guarantor, shall obtain a license for each facility which distributes in or into the state authorizing him or her to manufacture or distribute commercial feed before he or she engages in such activity. (2) Any person who makes only retail sales of commercial feed which bears labeling or other approved indication that the commercial feed is from a licensed manufacturer, guarantor, or distributor who has assumed full responsibility for the tonnage inspection fee due under this chapter is not required to obtain a license. (b) (1) A person who is required to obtain a license shall submit an application on a form provided or approved by the State Plant Board accompanied by a license fee of ten dollars ($10.00) paid to the board for each facility. The board shall remit such license fees to the Treasurer of State for deposit into the State Treasury to the credit of the Plant Board Fund for the sole use of the board. (2) A license shall expire on the last day of December of the year for which it is issued; provided that any license shall be valid through ninety (90) days of the next ensuing year or until the issuance of the renewal license, whichever event first occurs, if the holder thereof has filed a renewal application with the board on or before December 31st of the year for which the current license was issued. (3) A new applicant who fails to obtain a license within fifteen (15) working days after notification of the requirement to obtain a license, or any licensee who fails to comply with license renewal requirements, shall pay a thirty-dollars late fee in addition to the license fee. (c) The form and content of the commercial feed license application shall be established by rules adopted by the board. (d) The board may, at any time, request from a license applicant or licensee copies of labels and labeling in order to determine compliance with the provisions of this chapter. (e) (1) The board is empowered to refuse to issue a license to any person not in compliance with the provisions of this chapter. (2) The board may suspend or revoke any license issued to any person found not in compliance with any provision of this chapter. (3) The board may place conditions that limit production or distribution of a particular commercial feed on the license of any person found not to be in compliance with this chapter. (4) No license shall be conditioned, suspended, refused or revoked unless the applicant or licensee shall first be given an opportunity to be heard before the board in order to comply with the requirements of this chapter. (f) In order to be exempt from the provisions of this chapter, integrated operators, as defined in § 2-37-103 , shall submit an application for exemption on a form provided or approved by the board accompanied by an application fee of ten dollars ($10.00) for each facility. The board shall remit such application fees to the Treasurer of State for deposit into the State Treasury to the credit of the Plant Board Fund to be used solely by the board. (g) A grower's production of unmanipulated poultry litter is exempt from the provisions of this chapter.

Legislative History

Acts 1997, No. 726, § 4.