43-10-118 - Licenses and inspection fees.
43-10-118. Licenses and inspection fees.
(a) Each seed seller who sells, offers for sale, exposes for sale, distributes, or solicits orders for the sale of any agricultural or vegetable seeds to farmers, retailers, wholesalers, or to any others who use or plant agricultural or vegetable seeds in the state must obtain a license from the commissioner annually on July 1. Seed sellers shall obtain an application form and pay the appropriate fee:
(1) Each seed seller selling, possessing, offering or exposing for sale agricultural or vegetable seeds at retail in packages or containers larger than one (1) pound shall pay to the commissioner an annual fee of ten dollars ($10.00) for each such place of business;
(2) Each seed seller selling seed to wholesalers only shall pay to the commissioner an annual fee of ten dollars ($10.00) for each such place of business; and
(3) All other seed sellers not covered under subdivision (a)(1), excluding the actual producer of the seed, shall be classified as a wholesaler, and shall pay to the commissioner an annual fee of seventy-five dollars ($75.00) for each such place of business.
(b) Out of state seed sellers who sell or ship seed into this state shall obtain a license in the same manner as described in subdivisions (a)(1) and (2).
(c) Each person who does not have a fixed place of business who sells, offers or exposes for sale, seed in this state shall be required upon application for a license to furnish a surety bond in the amount of ten thousand dollars ($10,000) payable to the commissioner. The bond shall be given for the protection of purchasers of that person's seed and for the purpose of carrying out this part.
(d) Licenses shall be renewed annually beginning July 1. Failure to renew such license by September 1 of each year, will incur a penalty of one hundred percent (100%) to the cost of the license.
(e) Each seed seller, including the actual producer of the seed, selling, distributing, offering, or exposing for sale agricultural or vegetable seeds within or into this state shall pay to the department an inspection fee on each container of seed as follows:
(1) Three cents (3¢) per container weighing from six pounds (6 lbs.) to one hundred pounds (100 lbs.);
(2) Three cents (3¢) per c.w.t., or fractions thereof, for seeds in bulk or container in excess of one hundred pounds (100 lbs.);
(3) Three cents (3¢) for each case of agricultural or vegetable seeds in containers weighing five pounds (5 lbs.) or less; and
(4) Two cents (2¢) for each two-ounce package or less of tobacco seed.
(f) The inspection fees shall be paid by means of a reporting system. Procedures for obtaining a permit and the responsibilities of the permit holders shall be established by rules and regulations promulgated by the commissioner.
[Acts 1986, ch. 660, § 19; 1997, ch. 94, § 3.]