§ 35-60-105 — Distribution fees - reports

(1) Except as provided in subsection
(5) of this section, the person whose name appears on the label as the
manufacturer, guarantor, or distributor shall pay distribution fees, in an amount
established by the state agricultural commission, subject to the following
conditions:

(a) No fee shall be paid on commercial feed if the payment has already been
made by a previous distributor. If the fee has not been paid by a previous distributor,
the final distributor listed on the label as the manufacturer, guarantor, or distributor
shall pay the fee.

(b) No fee shall be paid on customer-formula feeds if the distribution fee has
been paid on the commercial feeds that are used as ingredients in the customer-formula feeds. No feed ingredient that is supplied by a farmer or feeder to a
manufacturer shall be subject to a fee when used by the manufacturer to produce a
customer-formula feed for the farmer or feeder.

(c) (I) (A) For each fiscal year, commencing on July 1, fifty percent of the
direct and indirect costs of administering and enforcing this article 60 must be
funded from the general fund. The state agricultural commission shall establish a
fee schedule to cover any direct and indirect costs not funded from the general
fund.

(B) Repealed.

(II) An annual distribution fee per product as established by the agricultural
commission shall be paid in lieu of the distribution fee on commercial feed that is
distributed in the state only in packages of ten pounds or less.

(d) The minimum total distribution fee paid shall be as established by the
agricultural commission.

(2) In the case of a commercial feed that is distributed in the state both in
packages of ten pounds or less, and in packages weighing over ten pounds, the
distribution fee required pursuant to subsection (1) of this section shall be paid on
the commercial feeds distributed in package weights over ten pounds with a
minimum distribution fee established by the agricultural commission. The annual
flat distribution fee required pursuant to paragraph (c) of subsection (1) of this
section shall be paid on the products sold in packages of ten pounds or less.

(3) Each person who is required to pay the distribution fee set forth in
subsection (1) of this section shall:

(a) File with the department each year, not later than the due date specified
by the commissioner by rule, a statement that sets forth the number of net tons of
commercial feeds distributed in the state and any other information required by the
commissioner as set forth in rule. Distribution fees that are due in accordance with
subsection (1) of this section shall be paid when the annual statement is filed.
Distribution fees that have not been remitted to the department by the due date
shall be assessed a penalty fee of ten percent of the amount due or a minimum fee
established by the state agricultural commission, whichever amount is greater,
which shall be added to the distribution fees that are due and owed. The
assessment of a penalty fee is in addition to and not a substitute for any other
penalties or remedies available to the commissioner under this article.

(b) Maintain records as may be required by the commissioner to accurately
reflect the tonnage of commercial feed distributed in this state, and the
commissioner shall have the right to examine such records to verify statements of
tonnage.

(4) (a) A distributor who is subject to the distribution fees for small packages
of ten pounds or less shall file with the commissioner, along with the annual
statement required by paragraph (a) of subsection (3) of this section, a list of all
small package items weighing ten pounds or less that are distributed in this state.
New products added during the year must be submitted to the commissioner as a
supplement to this list before distribution.

(b) If the list required in paragraph (a) of this subsection (4) is not received
with the annual statement or by the due date specified by the commissioner, a
penalty fee in an amount established by the agricultural commission shall be added
to the amount due. The assessment of a penalty fee is in addition to and not a
substitute for any other penalties or remedies available to the commissioner under
this article.

(5) A person other than the manufacturer, guarantor, or distributor may
assume liability for payment of the distribution fee pursuant to subsection (1) of this
section.

(6) All fees collected under 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.

Legislative History

Source: L. 99: Entire article R&RE, p. 569, � 1, effective January 1, 2000. L. 2003: IP(1), (1)(c), (1)(d), (2), (4)(b), and (6) amended, p. 1735, � 19, effective May 14. L. 2005: IP(1), (1)(c), (1)(d), (2), (3)(a), (4)(b), and (6) amended, p. 1275, � 18, effective July 1. L. 2007: IP(1), (1)(a), (1)(b), (1)(c)(I)(A), (1)(c)(II), (1)(d)(I)(A), (1)(d)(II), (2)(a)(I), (2)(b), IP(3), (3)(a), (4), and (5) amended, p. 993, � 5, effective May 22; IP(1), (1)(c), (1)(d), (2), (4)(b), and (6) amended, p. 1911, � 17, effective July 1. L. 2010: (1)(c)(I) amended, (HB 10-1377), ch. 212, p. 923, � 6, effective May 6. L. 2020: IP(1) and (1)(c)(I)(A) amended, (SB 20-136), ch. 70, p. 297, � 48, effective September 14.