(1) LICENSE
REQUIREMENT. No person may engage in the business of selling or distributing
liming material in this state without first obtaining a license from the
department, as provided under s.
94.66(2),
Stats. No license is required of persons engaged solely in the sale or
distribution of liming materials obtained from a licensee, except that persons
who commingle liming materials having different neutralizing indexes, or which
are obtained from two or more licensees, shall not sell or distribute the
commingled materials without a license from the department. The department
shall grant or deny a license application within 20 business days after the
application is filed with the department, provided that the application is
accompanied by all requisite information and documentation.
(2) RESEARCH FEES.
(a) Persons subject to licensing under s.
94.66,
Stats., shall be responsible for the filing of tonnage reports and the payment
of research fees under s.
94.66(9),
Stats. Research fees shall be computed on the basis of confidential annual
tonnage reports setting forth the number of net tons of liming materials, or
equivalent amounts of marl and paper mill refuse lime, sold or distributed in
this state during the preceding calendar year and for which the payment of
research fees is required. The report shall be filed with the department on or
before February 1 of each year, and be accompanied by the payment of research
fees in the required amount, with a minimum fee of $1. Records upon which the
tonnage report is based shall be subject to department inspection and
audit.
(b) If more than one
distributor or seller is involved in the chain of distribution, the person who
first sells or distributes liming material for further sale is responsible for
the payment of research fees on that material. If responsibility for the
payment of research fees has been assumed by a previous distributor or seller
in the chain of distribution, as evidenced by an invoice or sales receipt for
the liming material, no further payment of fees is required. No fee payment is
required on commingled materials, to the extent that responsibility for the
payment of fees on the component materials has been assumed by previous
distributors or sellers of those materials, as evidenced by invoices or sales
receipts.
