§ 4.1-40-07 — Inspection fees - Tonnage reports - Penalty

1. a. An inspection fee of ten dollars or twenty cents per ton [907.18 kilograms],
whichever is greater, must be paid to the commissioner on all fertilizer, fertilizer
material, micronutrients, specialty fertilizer, soil amendments, and plant
amendments distributed in this state.
b. This subsection does not apply to:
(1) Exchanges of product between manufacturers and distributors; or
(2) Individual fertilizers, fertilizer material, micronutrients, specialty fertilizers,
soil amendments, or plant amendments sold exclusively in packages of
ten pounds [4.54 kilograms] or less.
2. a. On or before January thirty-first, each licensed person who distributes a fertilizer,
fertilizer material, micronutrient, specialty fertilizer, soil amendment, or plant
amendment in this state shall:
(1) File with the commissioner a form stating the number of net tons [kilograms]
of each listed product distributed in this state during the preceding calendar
year; and
(2) Submit to the commissioner the inspection fee required by this section.
b. If a person fails to submit an inspection fee, at the time and in the manner
required by this section, the commissioner may impose a penalty of ten dollars or
ten percent of the amount due, whichever is greater.
c. The requirements of subdivisions a and b apply only to the last licensed person to
handle the same lot of fertilizer.

3. Each distributor shall keep all records regarding purchases and sales for a period
of three years. The records may be examined by the commissioner upon request.
4. The agriculture commissioner shall forward all fees received under this section to the
state treasurer for deposit in the environment and rangeland protection fund.