65-781. Fees for inspection and regulatory services; when due; delinquent fees.
65-781
65-781. Fees for inspection and regulatory services;when due; delinquent fees.The following fees for the statewide system of milk inspection and regulatoryservices are hereby established:
(a) A fee of $.01, or commencing July 1, 2002, and ending June 30,2015, afee of $.015 for each 100 pounds of milk produced by milk producers underKansas grade A inspection shall be paid. Each producer is hereby charged withsuch fee which shall be paid to the milk producers' cooperative, milk processoror milk distributor to whom the milk is sold or delivered. Each cooperative,processor or distributor is hereby charged with the duty of collecting suchfees which shall be remitted to the secretary.
(b) A fee of $.01, or commencing July 1, 2002, and ending June 30,2015, afee of $.015 for each 100 pounds of packaged grade A pasteurized milk or milkproducts sold in Kansas at retail to the final consumer shall be paid. Eachdistributor is hereby charged with such fee which shall be remittedto the secretary.
(c) A fee of $.01, or commencing July 1, 2002, and ending June 30,2015, afee of $.015 per 100 pounds or fraction thereof of grade A raw milk forpasteurization delivered to a milk processor within the state of Kansas whichis processed into grade A milk or grade A milk products shall be paid. Eachmilk processor is hereby charged with such fee which shall be remittedto the secretary.
(d) A milk fee of $.01, or commencing July 1, 2002, and ending June 30,2015,a fee of $.015 per 100 pounds of milk or cream for manufacturing purposesproduced by milk producers under Kansas manufacturing grade milk inspectionshall be paid. Each producer is hereby charged with such fee which shall bepaid to the milk producers' cooperative, dairy manufacturing plant or any otherperson to whom the milk or cream for manufacturing purposes is sold ordelivered. Each cooperative, dairy manufacturing plant or other person ishereby charged with the duty of collecting such fees which shall be remitted tothe secretary.
(e) A fee of $.0075, or commencing July 1, 2002, and ending June 30,2015, afee of $.01 per 100 pounds of Kansas produced milk or cream for manufacturingpurposes or other Kansas produced milk delivered to a dairy manufacturing plantshall be paid on all Kansas milk used in the manufacturing of dairy products.As used in this subsection, the term dairy products shall not include anyfrozen dairy dessert or frozen dairy dessert mix. Each dairy manufacturingplant shall pay such fee which shall be remitted to the secretary.
(f) In lieu of the fee prescribed in subsection (e), a fee of $1, orcommencing July 1, 2002, and ending June 30, 2015, a fee of$1.50 per thousandgallons of frozen dairy dessert or frozen dairy dessert mix shall be paid bythe manufacturer thereof. Each manufacturer of frozen dairy dessert or frozendairy dessert mix is hereby charged with such fee which shall be remitted tothe secretary. Frozen dairy dessert mix which is further processed into thecorresponding frozen dairy dessert by the manufacturer of the frozen dairydessert mix shall not be subject to the fee required by this subsection.
(g) A fee of $1, or commencing July 1, 2002, and ending June 30,2015, a feeof $1.50 per thousand gallons of frozen dairy dessert or frozen dairy dessertmix imported for retail sale in Kansas shall be paid by the milk distributorwho imports these products.
(h) If any fee computed pursuant to subsection (a) through (e) is less than$2.50, then the sum of $2.50 shall be paid in lieu of the computed fee. If anyfee computed pursuant to subsection (f) or (g) is less than $7.50, a minimumfee of $7.50 shall be paid in lieu of the computed fee.
(i) All fees established herein shall be paid to the secretary in thefollowing manner:
(1) The fees established in subsections (a) through (e) shall be remitted onor before the 30th day of each month for the calendar month immediatelypreceding and shall be accompanied by a report, in the form prescribed by thesecretary, indicating the quantities upon which the remittance is based.
(2) The fees established in subsections (f) and (g) shall be remitted onApril 30, July 31, October 31 and January 31 for the three calendar monthsimmediately preceding and shall be accompanied by a report, in the formprescribed by the secretary, indicating the quantity of frozen dairy dessert orfrozen dairy dessert mix upon which the remittance is based.
(j) Any person who fails to remit all or any part of the required fee or tosubmit the required report by the date due may be assessed an additional chargeequal to 1% of the amount of delinquent fees for each day after the date due,or $5, whichever amount is greater.
History: L. 2001, ch. 32, § 11;L. 2002, ch. 181, § 18;L. 2004, ch. 85, § 15;L. 2009, ch. 128, § 33; July 1.