Effective 28 Aug 2019

266.190. Inspection fees, exemptions — fee, how computed — report, when due — penalty for failure to make — deposit of fees. — 1. An inspection fee at the rate of fourteen cents per ton shall be paid on commercial feeds distributed in this state by the person whose name appears on the label as the manufacturer, guarantor or distributor, except that a person other than the first manufacturer, guarantor or distributor may assume liability for the inspection fee, subject to the following:

(1) Assumption of liability for the payment of fees must be established by requesting to be put on deferment list with the director;

(2) No fee shall be paid on a commercial feed if the payment has been made by a previous distributor;

(3) No fee shall be paid on customer-formula feeds if the inspection fee is paid on the commercial feeds which are used as ingredients therein;

(4) No fee shall be paid on commercial feeds which are used as ingredients for the manufacture of commercial feeds. If the fee has already been paid, credit shall be given for such payment;

(5) In the case of pet food which is distributed in the state only in packages of ten pounds or less, a listing of each product must be submitted annually on forms provided by the director and accompanied by an annual payment of ninety dollars per product or, in the case of a person whose total amount of gross annual sales does not exceed five thousand dollars, twenty-five dollars per product, which shall be paid in lieu of the inspection fee specified above. Payment is required by January first of each year. Payments not received until after January thirty-first are subject to a late fee of fifty percent of the payment due. The inspection fee required by this subsection* shall apply to pet food distributed in packages exceeding ten pounds. The assessment of these penalty fees shall not prevent the director from taking other actions as provided in this chapter. The department of agriculture may promulgate rules to allow for the review of records of persons claiming gross annual sales not exceeding five thousand dollars in order to ensure that they qualify for the reduced payment. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2019, shall be invalid and void;

(6) The minimum inspection fee shall be five dollars per quarter;

(7) In the case of specialty pet food which is distributed in the state only in packages of one pound or less, a listing of each product shall be submitted annually on forms provided by the director and accompanied by payment of ninety dollars per product in lieu of an inspection fee. Payment is required by January first of each year. Payments not received until after January thirty-first are subject to a late fee of fifty percent of the payment due. The inspection fee required by this subsection* shall apply to specialty pet food distributed in packages exceeding one pound. The assessment of these penalty fees shall not prevent the director from taking other actions as provided in this chapter.

2. Each person who is liable for the payment of such fee shall:

(1) File, not later than the last day of January, April, July and October of each year, a quarterly tonnage report, setting forth the number of net tons of commercial feeds distributed in this state during the preceding calendar quarter; and upon filing such statement shall pay the inspection fee at the rate stated in subsection 1 of this section. Inspection fees which are due and owing and have not been remitted to the director within fifteen days following the due date shall have a penalty fee of twenty percent of the amount due, or five dollars, whichever is greater, added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the director from taking other actions as provided in this chapter;

(2) Keep such records as may be necessary or required by the director to indicate accurately the tonnage of commercial feed distributed in this state. The director shall have the right to examine such records to verify statements of tonnage. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply with the requirements of this subdivision may constitute sufficient cause for the cancellation of the company's license.

3. Fees collected shall constitute a fund for the payment of the costs of inspection, sampling, analysis, and other expenses necessary for the administration of sections 266.152 to 266.220 and shall be deposited in the state treasury to the credit of the agriculture protection fund created in section 261.200.

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(L. 1972 S.B. 506 § 10, A.L. 1997 H.B. 211, A.L. 2019 S.B. 133)

*Words "subsection 1 of this section" appear in original rolls.