Okla. Stat. tit. 2, § 2-8-77.7
This is the official text of Okla. Stat. tit. 2, § 2-8-77.7, part of Oklahoma’s Stat. tit. 2, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 2,." Browse the sections below, each linked to its official government source.
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Inspection fee - Tonnage report
Official statutory text
A. Each registrant distributing fertilizer in this state shall
file with the State Board of Agriculture, not later than the last
day of January and July of each year, a semiannual inspection fee
report setting forth the number of tons sold or distributed during
the period and pay an inspection fee of One Dollar ($1.00) per ton
of which fifty cents ($0.50) per ton shall be forwarded directly to
a special Soil Fertility Research Account in the Department of Plant
and Soil Sciences of the Division of Agricultural Sciences and
Natural Resources at Oklahoma State University for the purpose of
conducting soil fertility research and extension involving efficient
fertilizer use for agronomic crops and forages and groundwater and
surface water protection from plant food nutrients. Oklahoma State
University shall present an annual report to the Agriculture
Committees of the Legislature on the use of the special Soil
Fertility Research Account Fund.
B. Each registrant distributing commercial fertilizer in this
state shall file with the State Board of Agriculture not later than
the last day of January and July of each year, a semiannual tonnage
report stating:
1. The number of net tons of fertilizer distributed during the
preceding six (6) calendar months;
2. The amount in tons of each grade of fertilizer distributed
during the preceding six (6) calendar months; and
3. Whether the fertilizer was distributed in bag, bulk, or
liquid.
C. If no fertilizer was sold or distributed in this state for
the semiannual period, the registrant shall submit a statement
reflecting that information and shall remit a minimum fee of Ten
Dollars ($10.00). If the inspection fee and tonnage report are not
filed and the payment of the inspection fee is not made within
thirty (30) days after the end of the specified filing period, a
collection fee of ten percent (10%) of the inspection fee due or a
minimum of Ten Dollars ($10.00) shall be assessed and added to the
amount due.
D. Sales or exchanges between importers, manufacturers,
distributors, registrants, or licensees are exempt.
E. When more than one person is involved in the distribution of
a fertilizer, the last person who has the fertilizer registered and
who distributed the fertilizer to a nonregistrant dealer or consumer
is responsible for reporting the tonnage and paying the inspection
fee, unless the report and payment is made by a prior distributor or
manufacturer of the fertilizer.
F. If the Board finds any deficient inspection fees due as a
result of an audit of the records of any person subject to the
provisions of the Oklahoma Fertilizer Act, the Board shall assess a
Oklahoma Statutes - Title 2. Agriculture Page 412
penalty fee of ten percent (10%) of the amount due, with a maximum
not to exceed Two Thousand Dollars ($2,000.00) or a minimum of One
Hundred Dollars ($100.00) whichever is greater. The audit penalty
shall be added to the deficient inspection fees due and payment
shall be made within thirty (30) days of notice of the deficiency.
G. No information furnished to the Board under this section
shall be disclosed in a way which divulges proprietary information
about the operation of any person.
H. Each registrant, distributor, or manufacturer shall keep
accurate records of the tonnage of fertilizer distributed in this
state.
file with the State Board of Agriculture, not later than the last
day of January and July of each year, a semiannual inspection fee
report setting forth the number of tons sold or distributed during
the period and pay an inspection fee of One Dollar ($1.00) per ton
of which fifty cents ($0.50) per ton shall be forwarded directly to
a special Soil Fertility Research Account in the Department of Plant
and Soil Sciences of the Division of Agricultural Sciences and
Natural Resources at Oklahoma State University for the purpose of
conducting soil fertility research and extension involving efficient
fertilizer use for agronomic crops and forages and groundwater and
surface water protection from plant food nutrients. Oklahoma State
University shall present an annual report to the Agriculture
Committees of the Legislature on the use of the special Soil
Fertility Research Account Fund.
B. Each registrant distributing commercial fertilizer in this
state shall file with the State Board of Agriculture not later than
the last day of January and July of each year, a semiannual tonnage
report stating:
1. The number of net tons of fertilizer distributed during the
preceding six (6) calendar months;
2. The amount in tons of each grade of fertilizer distributed
during the preceding six (6) calendar months; and
3. Whether the fertilizer was distributed in bag, bulk, or
liquid.
C. If no fertilizer was sold or distributed in this state for
the semiannual period, the registrant shall submit a statement
reflecting that information and shall remit a minimum fee of Ten
Dollars ($10.00). If the inspection fee and tonnage report are not
filed and the payment of the inspection fee is not made within
thirty (30) days after the end of the specified filing period, a
collection fee of ten percent (10%) of the inspection fee due or a
minimum of Ten Dollars ($10.00) shall be assessed and added to the
amount due.
D. Sales or exchanges between importers, manufacturers,
distributors, registrants, or licensees are exempt.
E. When more than one person is involved in the distribution of
a fertilizer, the last person who has the fertilizer registered and
who distributed the fertilizer to a nonregistrant dealer or consumer
is responsible for reporting the tonnage and paying the inspection
fee, unless the report and payment is made by a prior distributor or
manufacturer of the fertilizer.
F. If the Board finds any deficient inspection fees due as a
result of an audit of the records of any person subject to the
provisions of the Oklahoma Fertilizer Act, the Board shall assess a
Oklahoma Statutes - Title 2. Agriculture Page 412
penalty fee of ten percent (10%) of the amount due, with a maximum
not to exceed Two Thousand Dollars ($2,000.00) or a minimum of One
Hundred Dollars ($100.00) whichever is greater. The audit penalty
shall be added to the deficient inspection fees due and payment
shall be made within thirty (30) days of notice of the deficiency.
G. No information furnished to the Board under this section
shall be disclosed in a way which divulges proprietary information
about the operation of any person.
H. Each registrant, distributor, or manufacturer shall keep
accurate records of the tonnage of fertilizer distributed in this
state.
Status: in_force · Read it on the official government site
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