3-272. Commercial fertilizer license; specialty fertilizers

A. No person may manufacture or distribute commercial fertilizer in this state without a commercial fertilizer license from the division, except that no license shall be required of persons distributing only:

1. Commercial fertilizers to licensed manufacturers for further manufacturing.

2. Packaged commercial fertilizer in the original packages or containers of a licensee as packaged and labeled by the licensee.

3. Bulk commercial fertilizer in the form received from a licensee and labeled as required with label information furnished by the licensee, except for a net weight statement.

B. Applications for a license shall be made on forms prescribed by the director listing each business location used in the manufacture or distribution of commercial fertilizer in this state and such other information the director requires. Applications shall be accompanied by a license fee of one hundred twenty-five dollars per year for each separate place of business used in the manufacture of commercial fertilizers in this state. Applications of manufacturers or distributors having no established place of business in this state, but otherwise subject to a license under this section, shall be accompanied by a license fee of one hundred twenty-five dollars per year. All licenses issued through 1998 shall expire on the last day of February of the following year. Beginning in 1999, the director may provide by rule for licenses having a term of one or more years and may prescribe the date on which licenses expire. Licenses are not transferable and no credit or refund may be granted for licenses held for less than a full license year. Monies collected from license fees shall be allocated as follows:

1. Twenty-five dollars for each year of the license term shall be allocated pursuant to section 3-269.

2. One hundred dollars for each year of the license term shall be deposited in the water quality assurance revolving fund established by section 49-282.

C. In addition to the requirements of subsections A and B of this section, the manufacturer or distributor whose name appears on the label of a specialty fertilizer shall register each specialty fertilizer with the division. The director may provide by rule for multiyear licenses. Applications for registration shall be accompanied by a registration fee of fifty dollars per year per brand and grade of specialty fertilizer. The director may, after opportunity for hearing, decrease or increase the registration fee prescribed by this subsection but at no time shall the rate exceed one hundred dollars per year. For purposes of this subsection, " specialty fertilizer" means a commercial fertilizer which is distributed for nonfarm use, including home gardens, lawns, golf courses, parks and cemeteries.