Tonnage reports; records; fee; penalty.

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(a) Distributes into this state, from foreign or domestic sources, a fertilizer, agricultural amendment, agricultural mineral or lime product used as an ingredient in the in-state manufacture of a fertilizer, agricultural amendment, agricultural mineral or lime product;

(b) Distributes into this state, from foreign or domestic sources, an end-use fertilizer, agricultural amendment, agricultural mineral or lime product for use within this state; or

(c) Distributes into this state a fertilizer, agricultural amendment, agricultural mineral or lime product composed of ingredients not described under paragraph (a) or (b) of this subsection.

(2) If a person engaged in the business of making distributions described in subsection (1) of this section does not distribute any fertilizer, agricultural amendment, agricultural mineral or lime product into or within this state during a reporting period, the person shall file a semiannual tonnage report declaring that no distribution occurred.

(3) A person shall file a semiannual tonnage report required under this section with the department, on forms provided by the department, setting forth the total tonnage of each product distributed into or within this state during the reporting period. The reporting periods for each year are January 1 through June 30 and July 1 through December 31.

(4) Semiannual tonnage reports and inspection fees imposed under ORS 633.465 are due within 30 days after the end of the reporting period. If a person fails to file a semiannual tonnage report or pay an inspection fee on or before the due date:

(a) The department may assess a collection fee of 10 percent of the amount due or $25, whichever is greater; and

(b) Notwithstanding ORS 633.362, the department may suspend or deny registration of the product until the report is filed and the fee is paid.

(5) ORS 561.450 applies to a person who refuses to pay inspection fees that are due under this section.

(6) A person required to file a semiannual tonnage report under this section shall maintain records and a bookkeeping system that accurately indicate the tonnage of fertilizer, agricultural amendment, agricultural mineral or lime product that is subject to inspection fees. The person shall maintain the records for a period of three years. [2015 c.514 §2]


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