1. (a) Permit fees.

   1. (1) Permitted milk facilities and operations in Texas shall pay the following annual fees.

      1. (A) Milk plant--$200 per annum.
      2. (B) Producer dairy farm--$50 per annum.
      3. (C) Receiving and transfer station--$200 per annum.
      4. (D) Milk transport tanker--$100 per annum.
      5. (E) Grade A raw for retail--$200 per annum.
      6. (F) Frozen desserts manufacturers--$200 per annum.
   2. (2) Permit fees are due for all new permit applications. All milk product facilities and operations shall be billed for renewal prior to September 1 each year. If applications are made after March 1, the fee will be prorated on a semiannual basis.

2. (b) Inspection fees.

   1. (1) All milk or milk products processed, manufactured, or bottled by milk plants located in the State of Texas and offered for sale within the State of Texas shall be assessed a $.02 per hundredweight inspection fee. This fee shall be assessed on a monthly, quarterly, semi-annual or annual basis. The milk plants shall submit monthly production data to the department no later than 15 days after the end of each reporting month as designated by the department, accompanied by the remittance fee required by this section. Also, each milk plant is required to furnish, upon request from the department, production records for the preceding three years for auditing purposes. This fee shall be considered delinquent if it is not received by the department 30 days after the end of the reporting period.
   2. (2) All milk or milk products processed, manufactured, or bottled by milk plants located outside the legal boundaries of the State of Texas that export milk into the State of Texas for sale or distribution shall be assessed a $.02 per hundredweight inspection fee. Also, the actual cost of analyzing samples of milk and milk products shall be assessed for these out-of-state milk plants. This fee shall be assessed on a monthly, quarterly, semi-annual or annual basis. The milk plants shall submit monthly production data to the department no later than 15 days after the end of each reporting period as designated by the department, accompanied by the required remittance fee. Also, each plant will be required to furnish, upon request, production records for the preceding three years for auditing purposes. This fee shall be considered delinquent if it is not received by the department 30 days after the end of the reporting period.
   3. (3) All frozen desserts manufactured by frozen dessert manufacturing plants located in the State of Texas and intended for sale within the State of Texas shall be assessed a $.01 per hundredweight inspection fee. This fee shall be assessed on a monthly, quarterly, semi-annual or annual basis. These manufacturers shall submit monthly production data to the department no later than 15 days after the end of each reporting period designated by the department, accompanied by the required remittance fee. Also, each plant will be required to furnish, upon request, production records for the preceding three years for auditing purposes. This fee shall be considered delinquent if it is not received by the department 30 days after the end of the reporting period.
   4. (4) All frozen desserts manufactured by frozen desserts manufacturing plants located outside the legal boundaries of the State of Texas that export frozen desserts into the State of Texas for sale or distribution shall be assessed a $.01 per hundredweight inspection fee. Also, the actual cost of laboratory analysis of frozen desserts shall be assessed to out-of-state plants. This fee shall be assessed on a monthly, quarterly, semi-annual or annual basis. These manufacturers shall submit monthly production data to the department no later than 15 days after the end of each reporting period designated by the department, accompanied by the required remittance fee. Also, each plant will be required to furnish, upon request, production records for the preceding three years for auditing purposes. This fee shall be considered delinquent if it is not received by the department 30 days after the end of the reporting period.

Source Note:The provisions of this §217.92 adopted to be effective February 3, 2000, 25 TexReg 582.