Colorado § 35-12-106 - Distribution fees.

§ 35-12-106. Distribution fees.

(1) All registrants, except those who package only in containers of ten pounds or less, shall pay the commissioner a distribution fee as established by the commission for all commercial fertilizers, soil conditioners, or plant amendments distributed in this state. For the purpose of funding the department's state waters protection efforts, an additional fee per ton of commercial fertilizer shall be paid to the commissioner as established by the commission. This increment per ton of commercial fertilizer shall be collected by the commissioner and transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3.

(2) Registrants of specialty fertilizers, soil conditioners, or plant amendments packaged in containers of ten pounds or less shall pay the commissioner a distribution fee as established by the commission, for all specialty fertilizers, soil conditioners, or plant amendments distributed in this state.

(3) Each person registering any commercial fertilizer, soil conditioner, or plant amendment and each person producing custom mixes in this state shall keep adequate records showing the pounds or tonnage distributed in this state, and the commissioner has the authority to examine such records to verify the statement of pounds or tonnage.

(4) Each registrant shall file an affidavit with the commissioner within forty-five days after the date specified by rule of the commissioner that discloses the pounds or tonnage of commercial fertilizer, soil conditioner, or plant amendment distributed in the state during the preceding twelve-month period and any other information as required by rules adopted by the department. If the affidavit is not filed and the distribution fee is not paid within the forty-five-day period, or if the report of pounds or tonnage is false, the commissioner may revoke the registration and assess a penalty established by the commission. The distribution fee and the penalty shall constitute a debt and become the basis for a judgment against the registrant.

(5) When more than one person is involved in the distribution of a commercial fertilizer, soil conditioner, or plant amendment, the last registrant to distribute the product is responsible for reporting the annual pounds or tonnage and paying the distribution fee, unless the annual report and payment has been made by a prior distributor.

(6) Distribution fees are not required for ingredients that have already been included in the tonnage or pounds for which a Colorado distribution fee has been paid.

(7) The distribution fees required to be paid by this section shall not apply to untreated manure or compost and treated manure distributed without commercial fertilizer, soil conditioner, or plant amendment labeling claims.

(8) (a) For each fiscal year, commencing July 1, fifty percent of the direct and indirect costs of administering and enforcing this article shall be funded from the general fund. The commission shall establish a fee schedule to cover any direct and indirect costs not funded from the general fund. All moneys collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the inspection and consumer services cash fund created in section 35-1-106.5.

(b) Repealed.

Source: L. 71: R&RE, p. 138, § 1. C.R.S. 1963: § 6-13-6. L. 77: Entire section amended, p. 1588, § 5, effective July 1. L. 90: (1) amended, p. 1334, § 7, effective July 1. L. 96: (4) amended, p. 103, § 4, effective March 20. L. 98: (8) added, p. 1341, § 65, effective June 1. L. 2003: (1) and (2) amended and (9) added, p. 1726, § 6, effective May 14. L. 2005: (1), (2), and (9) amended, p. 1269, § 7, effective July 1. L. 2007: (1), (2), and (9) amended, p. 1904, § 5, effective July 1. L. 2008: Entire article amended, p. 1617, § 1, effective August 5. L. 2009: (1) amended, (HB 09-1249), ch. 87, p. 320, § 16, effective July 1. L. 2010: (8) amended, (HB 10-1377), ch. 212, p. 922, § 2, effective May 6. L. 2013: (8)(a) amended, (HB 13-1300), ch. 316, p. 1697, § 108, effective August 7. L. 2019: (1) amended, (SB 19-186), ch. 422, p. 3690, § 5, effective August 2.

Editor's note: Subsection (8)(b)(II) provided for the repeal of subsection (8)(b), effective July 1, 2012. (See L. 2010, p. 922.)

ANNOTATION

Applied in Durfee & Son v. Dept. of Agriculture, 151 Colo. 149, 376 P.2d 685 (1962).