Tex. Agric. Code Section 63.071
Inspection Fee

(a)

For each state fiscal year, the registrant of a commercial fertilizer shall pay to the service an inspection fee as prescribed by this section.

(b)

Except as otherwise provided by this section, the inspection fee for a commercial fertilizer distributed in this state is 30 cents per ton of fertilizer. With the approval of the board, the director may reduce or increase the inspection fee in increments of two cents per ton per fiscal year.

(c)

A person distributing in this state a commercial fertilizer product packaged in individual containers of five pounds or less shall pay, for each distinct commercial fertilizer product so distributed, a flat rate inspection fee of $50 for each fiscal year or part of a fiscal year in which the distribution is made.

(d)

A registrant paying an inspection fee under Subsection (b) of this section shall pay in advance a minimum annual inspection fee of $100 per fiscal year. All advance inspection fees collected under this section shall be credited towards the first tonnage inspection owed by the registrant accruing in that fiscal year.

(e)

If more than one person is involved in the distribution of a commercial fertilizer, the last person who distributes to a dealer or consumer who is a nonregistrant shall pay the fee.

(f)

A person is not required to pay an inspection fee on a portion of a customer-formula fertilizer that is produced by the purchaser or acquired by the purchaser from a source other than the person who mixed, milled, or processed the mixture.

(g)

The service may by rule provide that a person who manufactures or distributes a commercial fertilizer solely for investigational, experimental, or laboratory use by qualified persons is not required to pay an inspection fee on the fertilizer if the use is in the public interest.

(h)

A person is not required to pay an inspection fee on compost as defined by Section 361.421 (Definitions), Health and Safety Code.
Acts 1981, 67th Leg., p. 1145, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1983, 68th Leg., p. 1848, ch. 349, art. 1, Sec. 4, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 899, Sec. 1.16, eff. Aug. 30, 1993.

Source: Section 63.071 — Inspection Fee, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­63.­htm#63.­071 (accessed Jun. 5, 2024).

63.001
Definitions 63.002
Commercial Fertilizer 63.003
Administration 63.004
Rules 63.005
Publications 63.006
Application 63.007
Effect on Other Law 63.021
Grade Statements 63.0025
Certain Analyses Not Guarantee of Nutrient Levels 63.031
Permit and Registration Required 63.032
Application for Registration 63.033
Term of Permit and Registration 63.034
Refusal or Revocation of Permit 63.035
Refusal or Revocation of Registration 63.051
Labeling of Commercial Fertilizer 63.052
Misleading Label 63.053
Labeling of Customer-formula Fertilizer 63.054
General Label Restrictions 63.071
Inspection Fee 63.072
Tonnage Report and Inspection Fee Payment 63.073
Penalty for Late Filing or Payment 63.074
Records 63.075
Disposition and Use of Fees 63.091
Inspection and Sampling 63.092
Procedure for Sampling and Analysis 63.093
Identification of Sample 63.094
Independent Analysis of Sample 63.095
Testing of Samples on Request 63.121
Stop-sale Order 63.122
Condemnation of Fertilizer 63.123
Warnings 63.124
Injunction 63.125
Suit to Recover Fees 63.126
Prosecutions 63.127
Venue for Civil and Criminal Actions 63.128
Appeal of Administrative Order or Ruling 63.141
General Penalty 63.142
Distribution of Misbranded Fertilizer 63.143
Distribution of Adulterated Fertilizer 63.144
Distribution of Commercial Fertilizer Without Registration, Labeling, or Payment of Inspection Fee 63.145
Refusal of Inspection or Sampling 63.146
Refusal to Pay Inspection Fee or Submit Records 63.151
Definitions 63.152
Registration Required 63.153
Security Requirements 63.154
Sale of Ammonium Nitrate 63.155
Maintenance of Records 63.156
Suspension of Registration 63.157
Criminal Penalty 63.158
Fire Prevention at Ammonium Nitrate Storage Facilities
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 63.071’s source at texas​.gov