1. (1) Consumer request samples.

   1. (a) For purposes of this rule, a consumer is defined as an individual, a corporate entity, or a distinct farming operation. If it deems necessary, the department may require an identification number, and acceptable evidence of tonnage purchased.
   2. (b) Each consumer shall be entitled to request samples sufficient to represent up to 250 tons during each July 1 to June 30 period, without payment of a fee. A consumer who purchases in excess of 250 tons shall be subject to the payment fee provided below. Each sample found deficient shall entitle a consumer to an additional request sample without fee payment.
   3. (c) A consumer requesting samples in addition to those provided for above, shall pay to the department a fee of one hundred fifty dollars per sample, to be deposited in the General Inspection Trust Fund.
   4. (d) The departments response to consumer request samples shall be contingent upon its capability to effectively regulate the overall fertilizer market.
   5. (e) The department shall review this section annually.

2. (2) Documentation.

   1. (a) All official samples shall be properly identified by the inspector’s initials, assigned a sample number and be accompanied by any other available pertinent documentation.
   2. (b) The Notice of Agency Action shall be utilized to inform licensees, dealers and consumers of an assessment of penalty on deficient fertilizer.
   3. (c) The Penalty for Deficient Fertilizer Invoice shall be used to bill a licensee for a penalty for a deficient fertilizer when there is an unknown consumer. All billings of Commercial Tests of fertilizer shall be invoiced by the department.
   4. (d) Fertilizer Purchase report, FDACS-13250, 10/25, is hereby adopted and incorporated by reference and available online at HYPERLINK "https://flrules.org/gateway/reference.asp?No=Ref-18812"https://flrules.org/gateway/reference.asp?No=Ref-18812. This form shall be used by the Department to obtain from the dealer any known purchasers representing the lot of fertilizer sampled.
   5. (e) Notice of Deficiency Payment, FDACS-13367, 10/25, is hereby adopted and incorporated by reference and available online at HYPERLINK "https://flrules.org/gateway/reference.asp?No=Ref-18813"https://flrules.org/gateway/reference.asp?No=Ref-18813. The Notice of Deficiency Payment is completed by the licensee, notifying the Department of the form of payment made to the consumer to fulfill the deficiency.
   6. (f) Deficiency Payment Acknowledgment of Receipt, FDACS-13368, 10/25, is hereby adopted and incorporated by reference and available online at HYPERLINK "https://flrules.org/gateway/reference.asp?No=Ref-18814"https://flrules.org/gateway/reference.asp?No=Ref-18814. The Deficiency Payment Acknowledgment of Receipt is completed by the consumer, notifying the Department that payment was received from the licensee for the deficient fertilizer.
   7. (g) These forms may be obtained from the Division of Agricultural Environmental Services, the Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, or by telephone at (850)617-7860.

Rulemaking Authority 570.07(23), 576.061, 576.181(2) FS. Law Implemented 576.051(2), (8), 576.181(2) FS. History–New 1-23-67, Amended 6-24-69, 10-1-71, 6-21-72, 1-1-77, 2-28-84, 1-23-85, 6-19-85, Formerly 5E-1.09, Amended 3-28-91, 8-3-93, 7-9-95, 10-25-98, 1-27-26.