Authority: IC 15-16-2-1.5

Affected: IC 15-16-2

Sec. 2. (a) Each registrant shall apply to the state chemist for a permit to report the tonnage of manure based fertilizer sold and pay the inspection fee as specified in section 1 of this rule. In making the application, the registrant must agree to the following:

1. (1) To keep records that indicate accurately the tonnage and kinds of manure based fertilizers sold in Indiana.
2. (2) To grant the state chemist permission to examine those records and verify the statement of tonnage.
3. (3) To report under oath to the state chemist on forms furnished by the state chemist the tonnage of manure based fertilizer sold during the period covered.

(b) The state chemist:

1. (1) may grant the permit to report tonnage if the state chemist determines that the application of the permit to report tonnage of manure based fertilizer described in subsection (a) will lead to efficient enforcement of this article; and

2. (2) may revoke the permit to report tonnage at any time if it appears to the state chemist that the registrant is not complying with:

   1. (A) the terms of the agreement entered into at the time of the issuance of the permit; or
   2. (B) this article.

(c) The report of tonnage is due and the inspection fees are payable semiannually on the last day of the month following the end of the semiannual period.

(d) If:

1. (1) the report of tonnage is not filed and the inspection fee [sic] paid by the fifteenth day following the due date;
2. (2) the report of tonnage is false; or
3. (3) the permit holder has not complied with labeling requirements of this article;

the state chemist may revoke the permit.

(e) If the inspection fee is unpaid after the fifteen (15) day grace period described in subsection (d), a penalty shall be assessed in the amount of:

1. (1) fifty dollars ($50); or
2. (2) ten percent (10%) of the amount due;

whichever is greater, in addition to the amount due.

(State Chemist of the State of Indiana; 355 IAC 10-4-2; filed Mar 17, 2022, 12:13 p.m.: 20220413-IR-355210455FRA)