SECTION 65.42. Statistical and Tonnage Reporting and Inspection Fees

(a) The sales of commercial fertilizers designed for general purpose on-the-farm use shall be reported as follows.

(1) If more than one registrant is involved in the distribution of a commercial fertilizer, the registrant who distributes the fertilizer to a non-registrant shall submit all quarterly tonnage fees required by the Act, §63.072. Registrants who are consumers shall submit all quarterly tonnage reports and remit all tonnage fees required by the Act, §63.072.

(2) Such registrant(s) shall further submit a quarterly statistical tonnage report which shall list the total fertilizer tonnage distributed in the state during the preceding quarter by county, grade, and type (e.g., bulk, liquid, or packaged). The quarterly statistical tonnage report shall be submitted on forms prescribed by the service or on forms containing commensurate information organized in a manner convenient and useful to the service.

(b) The sales of commercial fertilizers designed for non-general, agricultural uses such as use in home gardens, on flowers, shrubs, potted plants, etc., shall be reported as follows.

(1) The person in whose name the fertilizer is registered shall submit all reports and pay all fees required by the Act and this chapter.

(2) The total fertilizer tonnage distributed in this state during the preceding quarter shall be reported without regard to county, grade, or type on forms prescribed by the service.

(c) The reporting of tonnage is not required for products distributed solely in packages of five pounds or less on which a flat rate inspection fee has been paid.

Source Note: The provisions of this §65.42 adopted to be effective October 7, 1983, 8 TexReg 3813; amended to be effective April 29, 1992, 17 TexReg 2764.