§ 35-12-106 — Distribution fees

(1) All registrants, except those who package
only in containers of ten pounds or less, shall pay the commissioner a distribution
fee as established by the commission for all commercial fertilizers, soil
conditioners, or plant amendments distributed in this state. For the purpose of
funding the department's state waters protection efforts, an additional fee per ton
of commercial fertilizer shall be paid to the commissioner as established by the
commission. This increment per ton of commercial fertilizer shall be collected by
the commissioner and transmitted to the state treasurer, who shall credit the same
to the plant health, pest control, and environmental protection cash fund created in
section 35-1-106.3.

(2) Registrants of specialty fertilizers, soil conditioners, or plant
amendments packaged in containers of ten pounds or less shall pay the
commissioner a distribution fee as established by the commission, for all specialty
fertilizers, soil conditioners, or plant amendments distributed in this state.

(3) Each person registering any commercial fertilizer, soil conditioner, or
plant amendment and each person producing custom mixes in this state shall keep
adequate records showing the pounds or tonnage distributed in this state, and the
commissioner has the authority to examine such records to verify the statement of
pounds or tonnage.

(4) Each registrant shall file an affidavit with the commissioner within forty-five days after the date specified by rule of the commissioner that discloses the
pounds or tonnage of commercial fertilizer, soil conditioner, or plant amendment
distributed in the state during the preceding twelve-month period and any other
information as required by rules adopted by the department. If the affidavit is not
filed and the distribution fee is not paid within the forty-five-day period, or if the
report of pounds or tonnage is false, the commissioner may revoke the registration
and assess a penalty established by the commission. The distribution fee and the
penalty shall constitute a debt and become the basis for a judgment against the
registrant.

(5) When more than one person is involved in the distribution of a
commercial fertilizer, soil conditioner, or plant amendment, the last registrant to
distribute the product is responsible for reporting the annual pounds or tonnage
and paying the distribution fee, unless the annual report and payment has been
made by a prior distributor.

(6) Distribution fees are not required for ingredients that have already been
included in the tonnage or pounds for which a Colorado distribution fee has been
paid.

(7) The distribution fees required to be paid by this section shall not apply to
untreated manure or compost and treated manure distributed without commercial
fertilizer, soil conditioner, or plant amendment labeling claims.

(8) (a) For each fiscal year, commencing July 1, fifty percent of the direct and
indirect costs of administering and enforcing this article shall be funded from the
general fund. The commission shall establish a fee schedule to cover any direct and
indirect costs not funded from the general fund. All moneys collected pursuant to
this section shall be transmitted to the state treasurer, who shall credit the same to
the inspection and consumer services cash fund created in section 35-1-106.5.

(b) Repealed.

Legislative History

Source: L. 71: R&RE, p. 138, � 1. C.R.S. 1963: � 6-13-6. L. 77: Entire section amended, p. 1588, � 5, effective July 1. L. 90: (1) amended, p. 1334, � 7, effective July 1. L. 96: (4) amended, p. 103, � 4, effective March 20. L. 98: (8) added, p. 1341, � 65, effective June 1. L. 2003: (1) and (2) amended and (9) added, p. 1726, � 6, effective May 14. L. 2005: (1), (2), and (9) amended, p. 1269, � 7, effective July 1. L. 2007: (1), (2), and (9) amended, p. 1904, � 5, effective July 1. L. 2008: Entire article amended, p. 1617, � 1, effective August 5. L. 2009: (1) amended, (HB 09-1249), ch. 87, p. 320, � 16, effective July 1. L. 2010: (8) amended, (HB 10-1377), ch. 212, p. 922, � 2, effective May 6. L. 2013: (8)(a) amended, (HB 13-1300), ch. 316, p. 1697, � 108, effective August 7. L. 2019: (1) amended, (SB 19-186), ch. 422, p. 3690, � 5, effective August 2.