North Carolina § 106-671 - Inspection fees; reporting system.

§ 106-671. Inspection fees; reporting system.

For the purpose of defraying expenses on the inspection and of otherwise determining the value of commercial fertilizers in this State, there shall be paid to the Department of Agriculture and Consumer Services a charge of fifty cents (50›) per ton on all commercial fertilizers other than packages of five pounds or less. Inspection fees shall be paid on all tonnage distributed into North Carolina to any person not having a valid reporting permit. Individual packages of five pounds or less shall be exempt from the tonnage fee; provided that any per annum (fiscal) tonnage of any brand sold in excess of one hundred tons shall be subject to the charge of fifty cents (50›) per ton on any amount in excess of one hundred tons as provided herein. Whenever any manufacturer of commercial fertilizer shall have paid the charges required by this section his goods shall not be liable to further tax, whether by city, town, or county; provided, this shall not exempt the commercial fertilizers from an ad valorem tax. Reporting System. - Each manufacturer, importer, jobber, firm, corporation or person who distributes commercial fertilizers in this State shall make application to the Commissioner for a permit to report the tonnage of commercial fertilizer sold and shall pay to the North Carolina Department of Agriculture and Consumer Services an inspection fee of fifty cents (50›) per ton. The Commissioner is authorized to require each such distributor to keep such records as may be necessary to indicate accurately the tonnage of commercial fertilizers sold in the State, and as are satisfactory to the Commissioner. Such records shall be available to the Commissioner, or the Commissioner's duly authorized representative, at any and all reasonable hours for the purpose of making such examination as is necessary to verify the tonnage statement and the inspection fees paid. If the records are available electronically, the electronic records shall be made available to the Commissioner or the Commissioner's authorized representative. Each registrant shall report monthly the tonnage sold to non-registrants on forms furnished by the Commissioner. Such reports shall be made and inspection fees shall be due and payable monthly on the fifteenth of each month covering the tonnage and kind of commercial fertilizers sold during the past month. If the report is not filed and the inspection fee paid by the last day of the month it is due, the amount due shall bear a penalty of ten percent (10%), which shall be added to the inspection fee due. If the report is not filed and the inspection fee paid within 60 days of the date due, or if the report or tonnage be false, the Commissioner may revoke the permit. History (1947, c. 1086, s. 6; 1949, c. 637, s. 3; 1959, c. 706, ss. 6, 7; 1973, c. 611, s. 5; 1977, c. 303, s. 17; 1991, c. 98, s. 2; 1997-261, s. 109; 2009-451, s. 11.1; 2011-145, s. 31.8(a); 2013-360, s. 13.9(b); 2021-78, s. 8(d).) Editor's Note. - Session Laws 2021-78, s. 14(a), is a severability clause. Effect of Amendments. - Session Laws 2009-451, s. 11.1, effective September 1, 2009, substituted "fifty cents (50 › )" for "twenty-five cents (25 › )" in the first and third sentences of subsection (a). Session Laws 2011-145, s. 31.8(a), effective July 1, 2011, substituted "fifty cents (50 › )" for "twenty-five cents (25 › )" in the second sentence of subsection (b). Session Laws 2013-360, s. 13.9(b), effective August 1, 2013, in the third sentence of subsection (a), substituted "Individual" for "On individual" and "shall be exempt from the tonnage fee" for "there shall be paid in lieu of the tonnage fee an annual registration fee of twenty-five dollar ($25.00) for each brand offered for sale, sold, or distributed," and "shall" for "may." Session Laws 2021-78, s. 8(d), effective July 2, 2021, in subsection (b), substituted "the Commissioner's” for "his” in the third sentence, and added the fourth sentence.