Ariz. Admin. Code § 3-3-803

Current through Register Vol. 30, No. 45, November 8, 2024

Section R3-3-803 - Tonnage Reports; Inspection Fee

A. Quarterly tonnage reports and inspection fee.

1. The inspection fee for all commercial fertilizers, including specialty fertilizers, sold or distributed in Arizona is 25¢ per ton. The tonnage shall be rounded to the nearest whole ton.

2. Any applicant applying for and receiving a new license after March 15, June 15, September 15, or December 15 is not required to file a quarterly tonnage report for the quarter in which the license application is issued. Any commercial fertilizer distributed in the final two weeks of the initial application quarter shall be included on the next full quarterly report. Any person who distributed commercial fertilizer without a license as required under A.R.S. § 3-272 shall pay all past due inspection fees and late penalties before a license is issued.

3. Any licensee not estimating annual tonnage shall file the following information on a quarterly statement provided by the Department no later than the last day of January, April, July, and October of each year for the preceding calendar quarter and pay the inspection fees and any penalties, if applicable:

a. If the inspection fee is being passed on to the purchaser:

i. The assigned number and name of the currently licensed company;

ii. The commercial fertilizer by code or grade;

iii. The amount of commercial fertilizer in whole tons;

iv. The name, title, telephone number, and signature of the licensee or the licensee's authorized representative; and

v. The date of the report.

b. If the licensee pays tonnage fees for the distribution of a commercial fertilizer:

i. The grade;

ii. The amount of commercial fertilizer distribution by county;

iii. If the commercial fertilizer is dry, whether it is a bulk agricultural product, a bagged agricultural product, or a non-agricultural product;

iv. If the commercial fertilizer is liquid, whether it is an agricultural or non-agricultural product;

v. The name, title, telephone number, and signature of the licensee or the licensee's authorized representative; and

vi. The date of the report.

B. Estimated tonnage report. A licensee may estimate the annual fertilizer material tonnage if it is 400 tons or less per year and the licensee does not pass the inspection fee responsibility to the purchaser.

1. The licensee shall submit the estimated annual commercial fertilizer tonnage report to the Department with the annual inspection fee no later than July 31 of each year. The tonnage report shall contain:

a. The estimated tonnage of commercial fertilizer to be distributed;

b. The grade;

c. The amount of distribution by county;

d. If the commercial fertilizer is dry, whether it is a bulk agricultural product, a bagged agricultural product, or a non-agricultural product;

e. If the commercial fertilizer is liquid, whether it is an agricultural or non-agricultural product;

f. The name, title, telephone number, and signature of the licensee or the licensee's authorized representative; and

g. The date of the report.

2. The licensee shall submit the inspection fee according to subsection (A)(1), which shall be for the amount declared in subsection (B)(1)(a), but not less than $8 per year. The fee must be included with the annual tonnage report submitted to the Department no later than July 31 of each year. Adjustments for overestimates or underestimates for a licensee with 400 tons or less of actual tonnage sales shall be made on the next year's estimating form. Adjustments of underestimates of licensees with actual tonnage sales more than 400 tons shall be made no later than July 31 of each year.

3. The licensee shall verify the accuracy of the previous year's tonnage estimates to actual tonnage sales and submit the tonnage verification no later than July 31 of each year.

4. Overestimation of tonnage.

a. The Department shall not refund any inspection fee based on an overestimation if the licensee does not re-license in the subsequent year;

b. If a licensee applies for a license in the subsequent year, the Department shall apply any overestimation to the subsequent year's tonnage fees.

Ariz. Admin. Code § R3-3-803

Former rule III; Former Section R3-3-23 repealed, former Section R3-3-32 renumbered as Section R3-3-23 effective January 12, 1978 (Supp. 78-1). Amended effective March 23, 1979 (Supp. 79-2). Section R3-3-803renumbered from R3-3-23 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2). New Section adopted by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by exempt rulemaking at 16 A.A.R. 2026, effective September 21, 2010 (Supp. 10-3). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.