Oklahoma Administrative Code
Title 35 - Oklahoma Department of Agriculture, Food, and Forestry
Chapter 30 - Consumer Protection
Subchapter 29 - Fertilizer
Part 5 - LICENSES AND COMPLAINTS
Section 35:30-29-51 - Fertilizer license and schedule of fertilizer fees

(1) Completed fertilizer license application;

(2) A completed fertilizer facility application package submitted in a format approved by the Board;

(3) Site inspection performed by the Board prior to construction;

(4) Final construction of the facility; and

(5) Completion of all other conditions required by the Board.

(1) The nutrient value of the product or substance has inadequate plant food content; or

(2) The registration is for the primary purpose of disposal of the product or substance.

(1) The annual fee for persons operating a business engaged in the distribution or sale of a fertilizer shall be Fifty Dollars ($50.00) and expire on December 31 of each year.

(2) An inspection fee of one dollar ($1.00) per ton of which fifty cents ($0.50) per ton shall be forwarded directly to a special Soil Fertility Research Account in the Department of Plant and Soil Sciences of the Division of Agricultural Sciences and Natural Resources at Oklahoma State University for the purpose of conducting soil fertility research and extension involving efficient fertilizer use for agronomic crops and forages and groundwater and surface water protection from plant food nutrients. Oklahoma State University shall present an annual report to the Agriculture Committees of the Legislature on the use of the special Soil Fertility Research Account Fund.

(3) Each registrant distributing fertilizer in this state shall file with the Board not later than the last day of January and July of each year, a semiannual statement under oath, setting forth the number of net tons of fertilizer distributed during the preceding six (6) calendar months. The inspection fee and tonnage report shall be due within thirty (30) days following the close of the filing period and upon return of the statement the licensee shall pay the inspection fee. If no fertilizer was sold or distributed in this state for the semiannual period, the registrant shall submit a statement reflecting that information and shall remit a minimum fee of ten dollars ($10.00). If the inspection fee and tonnage report is not filed and the payment of inspection fee is not made within thirty (30) days after the end of the specified filing period, a collection fee of ten percent (10%) of the inspection fee due or a minimum of ten dollars ($10.00), shall be assessed and added to the amount due.

(4) If the Board finds any deficient inspection fees due as a result of an audit of the records of any person subject to the provisions of the Oklahoma Fertilizer Act, the Board shall assess a penalty fee of ten percent (10%) of the amount due, with a maximum not to exceed two thousand dollars ($2,000.00) or a minimum of one hundred dollars ($100.00) whichever is greater. The audit penalty shall be added to the deficient inspection fees due and payment shall be made within thirty (30) days of notice of the deficiency.

(5) Annual registrations for specialty fertilizer products sold in packages of less than thirty(30) pounds shall pay a one hundred dollar ($100.00) registration fee for each product. Specialty fertilizer product registrations shall expire on June 30 of each year. Specialty fertilizer registration renewal applications received thirty (30) or more days after the renewal date shall result in the Board charging a penalty equal and in addition to the cost of the registration. The penalty for failure to register any specialty fertilizer product shall be one hundred dollars ($100.00) per product and shall be added to the registration fee and payment shall be made within thirty (30) days after receipt of notice.