There are two classes of pesticide registration fees as follows:

1. (1) Basic. All pesticide products will be classified as basic pesticides, solely for determination of the annual registration fee. The classification will not affect a pesticide's state or federal classification as a general use pesticide or a restricted use pesticide. All registrants shall pay an annual basic registration fee of one hundred dollars per product registered. This fee must be used to support the general pesticide regulatory and education program.

2. (2)

   1. (a) Special. In instances where identifiable types of pesticides require regulatory activities exceeding those provided by the general regulatory program, the director in consultation with pesticide registrants shall prepare and submit to the legislature a report containing:

      1. (i) the identity of the particular types of pesticides and a listing of such pesticides which warrant special regulatory activity;
      2. (ii) an evaluation and explanation of the special regulatory activity necessary, the approximate duration, and the costs of implementing and maintaining this activity;
      3. (iii) a recommendation of the appropriate allocation of these costs; and
      4. (iv) a recommendation of a special registration fee to collect the necessary amount to be paid by the registrants to fund the special regulatory activity.
   2. (b) All special fees collected must be devoted exclusively to the special regulatory activities for which they were established and are not subject to any direct or indirect charges, costs, or assessments by any state agency. Special fees must be terminated when the special regulatory activities which these fees support are no longer required.