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Terms Used In Utah Code 4-13-103- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Blender: means a person engaged in the business of blending or mixing fertilizer, soil amendments, or both. See Utah Code 4-13-102
- Brand: means a term, design, or trade mark used in connection with one or several grades of fertilizer or soil amendment. See Utah Code 4-13-102
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Distributor: means a person who distributes. See Utah Code 4-13-102
- Fertilizer: means a substance that contains one or more recognized plant nutrients that is used for the substance's plant nutrient content and is designed for use or claimed to have value in promoting plant growth, exclusive of unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule. See Utah Code 4-13-102
- Grade: means the percentage of total nitrogen, available phosphate and soluble potash stated in the same terms, order, and percentages as in the guaranteed analysis. See Utah Code 4-13-102
- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
A brand and grade of 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 the department, and shall be accompanied by a fee determined by the department pursuant to Subsection 4-2-103(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) |
A registration expires at midnight on December 31 of the year in which issued. |
| (ii) |
A 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) |
A renewal fee shall be paid on or before December 31 of each year. |
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| (2) |
A distributor is not required to register fertilizer that has been registered by another person under this chapter if the label does not differ in any respect. |
| (3) |
| (a) |
A blender is not required to register each grade of fertilizer or soil amendment formulated according to specifications provided by a consumer before mixing, but is required to:
| (i) |
license 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 4-2-103(2); and |
| (iii) |
label the fertilizer or soil amendment as provided in Section 4-13-104. |
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| (b) |
| (i) |
A blenders license expires at midnight on December 31 of the year in which the license 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) |
A renewal fee shall be paid on or before December 31 of each year. |
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| (4) |
| (a) |
A tonnage fee shall be assessed on fertilizer and soil amendment products sold in the state. |
| (b) |
The fee shall be determined by the department pursuant to Subsection 4-2-103(2). |
| (c) |
When more than one person is involved in the distribution of a fertilizer or soil amendment, the final person who has the fertilizer or soil amendment registered and distributed to a non-registrant or consumer is responsible for reporting the tonnage and paying the tonnage fee, unless the report and payment is made by a prior distributor of the fertilizer or soil amendment. |
| (d) |
The tonnage report shall be submitted on a form provided by the department on or before December 31 annually covering shipments made during the preceding 12-month period from November 1 to October 31. |
| (e) |
Revenue generated by the fee shall be deposited into the General Fund as dedicated credits to be used by the department for education and research about and promotion of proper fertilizer and soil amendment distribution, handling, and use. |
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Amended by Chapter 311, 2020 General Session
