Delaware Code Title 3 Sec. 2106 – Inspection fees and tonnage reports
(a) (1) There shall be paid to the Department for all commercial fertilizers or soil conditioners distributed in this State to nonregistrants an inspection fee at the following rate:
a. Ten cents per ton through December 31, 2021.
b. Not less than 15 cents per ton effective January 1, 2022.
c. Not less than 20 cents per ton effective January 1, 2023.
d. Not less than 25 cents per ton effective January 1, 2024.
(2) Sales to manufacturers or exchanges between them are exempt from the fee under paragraph (a)(1) of this section.
(3) Fees collected under paragraph (a)(1) of this section must be paid to the Department, which shall deposit the same in an appropriated special fund account in the Department.
(4) On individual packages of commercial fertilizer or soil conditioners containing 10 pounds or less, there shall be paid, in lieu of the annual registration fee of $1.15 per each grade of each brand and the inspection fee, an annual registration fee and inspection fee of $40 for each grade of each brand of fertilizer and soil conditioners sold or distributed. Where a person sells commercial fertilizer or soil conditioners in packages of 10 pounds or less and in packages over 10 pounds, this annual registration and inspection fee of $40 applies only to that portion sold in packages of 10 pounds or less, and that portion sold in packages over 10 pounds is subject to the same inspection fee as provided in this chapter.
Terms Used In Delaware Code Title 3 Sec. 2106
- brand: means a term, design, or trademark used in connection with 1 or several grades of commercial fertilizer. See Delaware Code Title 3 Sec. 2103
- commercial fertilizer: means any substance containing 1 or more recognized plant nutrient(s) which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and other products exempted by regulation of the Secretary;
- Department: means State Department of Agriculture. See Delaware Code Title 3 Sec. 2103
- distributor: means any person who imports, consigns, manufactures, produces, compounds, mixes or blends commercial fertilizer, or soil conditioner, or who offers for sale, sells, barters or otherwise supplies commercial fertilizer or soil conditioner in this State. See Delaware Code Title 3 Sec. 2103
- grade: means the percentage of total nitrogen, available phosphate, and soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis. See Delaware Code Title 3 Sec. 2103
- Lien: A claim against real or personal property in satisfaction of a debt.
- Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
- person: includes individual, partnership, association, ?rm and corporation. See Delaware Code Title 3 Sec. 2103
- registrant: means the person who registers commercial fertilizer or soil conditioner under this chapter. See Delaware Code Title 3 Sec. 2103
- soil conditioner: means any substance or mixture of substances, including any plant biostimulant, imported, manufactured, prepared or sold for manurial soil-enriching or soil-corrective purposes or intended to be used for promoting or stimulating the growth of plants, increasing the productivity of plants, improving the quality of crops, or producing any chemical, biochemical, biological or physical change in the soil, except commercial fertilizer as defined in this chapter, unmanipulated animal and vegetable manures, and agricultural liming materials. See Delaware Code Title 3 Sec. 2103
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- ton: means a net weight of 2,000 pounds avoirdupois. See Delaware Code Title 3 Sec. 2103
(b) (1) Every person who distributes a commercial fertilizer or soil conditioner in this State shall file with the Department on forms furnished by the Department a semiannual statement for the periods ending December 31, and June 30, setting forth the number of net tons of each commercial fertilizer or soil conditioner distributed in this State during that period. The report shall be due on or before the last day of the month following the close of each period and with such statement the inspection fee shall be filed according to the rate set forth in subsection (a) of this section.
(2) If the tonnage report is not filed and the payment of inspection fee is not made within 30 days after the end of each period, a surcharge equal to 10%, with a minimum of $10, per month of the amount shall be assessed against the registrant, and the Department shall have a lien against the registrant for the amount owed, including surcharge.
(c) When more than 1 person is involved in the distribution of a commercial fertilizer or soil conditioner, the last person who has the fertilizer or soil conditioner registered and who distributes to a nonregistrant dealer or consumer, is responsible for reporting the tonnage and paying the inspection fee, unless the report and payment have already been submitted by a prior distributor of a fertilizer or soil conditioner.
(d) The Department may not disclose publicly any information furnished under this section in such a way as to divulge confidential information about the business operation of anyone.
(e) Fees collected under this section must be used for the payment of the costs of inspection, sampling, and analysis, and other expenses necessary for the administration of this chapter.
3 Del. C. 1953, § ?2106; 58 Del. Laws, c. 157; 83 Del. Laws, c. 140, § 1; 83 Del. Laws, c. 283, § 2;