§ 4-13-3. Distribution of commercial fertilizer or soil amendment -- Registration required -- Application -- Fees -- Expiration -- Renewal -- Exemptions specified -- Blenders and mixers to register name under which business conducted -- Blenders and mixers fee.

(1)

(a) Each brand and grade of commercial fertilizer or soil amendment shall be registered in the name of the person whose name appears upon the label before being distributed in this state.

(b) The application for registration shall be submitted to the department on a form prescribed and furnished by it, and shall be accompanied by a fee determined by the department pursuant to Subsection 4-2-2(2) for each brand and grade.

(c) Upon approval by the department, a copy of the registration shall be furnished to the applicant.

(d)

(i) Each registration expires at midnight on December 31 of the year in which issued.

(ii) Each registration is renewable for a period of one year upon the payment of an annual registration renewal fee in an amount equal to the current applicable original registration fee.

(iii) Each renewal fee shall be paid on or before December 31 of each year.

(2) The application for registration shall include the following information:

(a) the net weight;

(b) the brand and grade;

(c) the guaranteed analysis;

(d) the name and address of the registrant; and

(e) any other information as the department may prescribe by rule.

(3) A distributor is not required to register any commercial fertilizer which has been registered by another person under this chapter if the label does not differ in any respect.

(4)

(a) A distributor is not required to register each grade of commercial fertilizer formulated by a consumer before mixing, but is required to:

(i) register the name under which the business of blending or mixing is conducted;

(ii) pay an annual blenders license fee determined by the department pursuant to Subsection 4-2-2(2); and

(iii) label the mixed fertilizer or soil amendment as provided in Section 4-13-4.

(b)

(i) A blenders license shall expire at midnight on December 31 of the year in which it is issued.

(ii) A blenders license is renewable for a period of one year upon the payment of an annual license renewal fee in an amount equal to the current applicable original blenders license fee.

(iii) Each renewal fee shall be paid on or before December 31 of each year.

(5)

(a) A fee shall be assessed on fertilizer and soil amendment products sold in the state.

(b) The fee shall be:

(i) determined by the department pursuant to Subsection 4-2-2(2); and

(ii) paid by the manufacturer or distributor on a schedule specified by rule.

(c) Revenue generated by the fee shall be deposited in the General Fund as dedicated credits to be used by the department for education about and promotion of proper fertilizer distribution, handling, and use.

Amended by Chapter 81, 1997 General Session