198.9 - INSPECTION FEES AND REPORTS.
198.9 INSPECTION FEES AND REPORTS.
1. a. An inspection fee to be fixed annually by the secretary
at a rate of not more than sixteen cents per ton, shall be paid on
commercial feed distributed in this state by the person who first
distributes the commercial feed, subject to the following:
(1) The inspection fee is not required on the first distribution,
if made to a qualified buyer who, with approval from the secretary,
shall become responsible for the fee.
(2) A fee shall not be paid on a commercial feed if the payment
has been made by a previous distributor.
(3) A fee shall not be paid on customer-formula feeds if the
inspection fee is paid on the commercial feeds which are used as
components of the customer-formula feeds.
(4) A minimum semiannual fee shall be twenty dollars.
(5) A licensed manufacturer shall pay the inspection fee on
commercial feed that is fed to livestock owned by the licensee.
b. In the case of a pet food or specialty pet food, which is
distributed in this state in packages of ten pounds or less, each
product shall be registered and an annual registration fee of fifty
dollars for each product shall be paid by January 1 of each year in
lieu of the per ton rate as provided in this subsection. The
inspection fee shall apply to those same products distributed in
packages of more than ten pounds.
2. a. Each person who is liable for the payment of such fee
shall:
(1) File, not later than the last day of January and July of each
year, a semiannual statement, setting forth the number of net tons of
commercial feeds distributed in this state during the preceding six
months and upon filing the statement shall pay the inspection fee at
the rate stated in subsection 1. Inspection fees which are due and
owing and have not been remitted to the secretary within fifteen days
following the due date shall have a delinquency fee of ten percent of
the amount due or fifty dollars, whichever is greater, added to the
amount due when payment is finally made. The assessment of this
delinquency fee does not prevent the department from taking other
actions as provided in this chapter.
(2) Keep such records as may be necessary or required by the
secretary to indicate accurately the tonnage of commercial feed
distributed in this state, and the secretary shall have the right to
examine such records to verify statements of tonnage.
b. Failure to make an accurate statement of tonnage or to pay
the inspection fee or comply as provided in this section is
sufficient cause for cancellation of the license of the distributor.
3. Fees collected shall be deposited in the general fund of the
state and shall be subject to the requirements of section 8.60.
Moneys deposited under this section shall be used for the payment of
the costs of inspection, sampling, analysis, supportive research, and
other expenses necessary for the administration of this chapter.
4. If there is an unencumbered balance of funds from the fees
deposited under this section on June 30 of any fiscal year equal to
or exceeding one hundred thousand dollars, the secretary of
agriculture shall reduce the per ton fee provided for in subsection 1
for the next fiscal year in such amount as will result in an ending
estimated balance of the fees deposited less costs paid for from
those fees for June 30 of the next fiscal year of one hundred
thousand dollars. Section History: Early Form
[S13, § 5077-a10; C24, 27, 31, 35, 39, § 3118--3121; C46, 50,
54, 58, 62, § 198.8--198.12; C66, 71, 73, § 198.7; C75, 77, 79, 81, §
198.9] Section History: Recent Form
83 Acts, ch 122, § 1; 90 Acts, ch 1165, § 11--14; 91 Acts, ch 97,
§26; 91 Acts, ch 260, § 1216; 93 Acts, ch 131, § 7; 94 Acts, ch 1107,
§45; 95 Acts, ch 42, § 1; 98 Acts, ch 1032, § 7; 2009 Acts, ch 41,
§210
Referred to in §198.4, 198.8