Inspection and reports

Ark. Code Ann. § 2-37-109 — under Arkansas Feed Law of 1997.

Ark. Code Ann. § 2-37-109

(a) The sum of thirty cents (30¢) per ton shall be paid on commercial feeds distributed in this state by the person whose name appears on the label as the manufacturer, guarantor, or distributor, except that a person other than the manufacturer, guarantor, or distributor may assume liability for the inspection cost, subject to the following:(1) A sum shall not be paid on a commercial feed if the payment has been made by a previous distributor;(2) A sum shall not be paid on customer-formula feeds if the inspection fee is paid on the commercial feeds which are used as ingredients therein;(3) (A) A sum shall not be paid on commercial feeds which are used as ingredients for the manufacture of commercial feeds.(B) If the sum has already been paid, credit shall be given for such payment; and(4) (A) On commercial feed distributed in quantities of thirty-four (34) tons or less, a minimum sum of ten dollars ($10.00) per quarterly report shall be paid.(B) A tonnage report and minimum sum is due for each reporting period, even though no distribution of commercial feeds occurred in the state during that period.

(1) A sum shall not be paid on a commercial feed if the payment has been made by a previous distributor;

(2) A sum shall not be paid on customer-formula feeds if the inspection fee is paid on the commercial feeds which are used as ingredients therein;

(3) (A) A sum shall not be paid on commercial feeds which are used as ingredients for the manufacture of commercial feeds.(B) If the sum has already been paid, credit shall be given for such payment; and

(A) A sum shall not be paid on commercial feeds which are used as ingredients for the manufacture of commercial feeds.

(B) If the sum has already been paid, credit shall be given for such payment; and

(4) (A) On commercial feed distributed in quantities of thirty-four (34) tons or less, a minimum sum of ten dollars ($10.00) per quarterly report shall be paid.(B) A tonnage report and minimum sum is due for each reporting period, even though no distribution of commercial feeds occurred in the state during that period.

(A) On commercial feed distributed in quantities of thirty-four (34) tons or less, a minimum sum of ten dollars ($10.00) per quarterly report shall be paid.

(B) A tonnage report and minimum sum is due for each reporting period, even though no distribution of commercial feeds occurred in the state during that period.

(b) Each person who is liable for the payment of such sum shall:(1) File, not later than the last day in January, April, July, and October of each year, a quarterly statement setting forth the number of net tons of commercial feeds distributed in this state during the preceding three (3) months. After filing the quarterly statement, the Department of Agriculture shall invoice the responsible party at the rate stated in subsection (a) of this section. Inspection costs which are due and owing and have not been remitted to the department within fifteen (15) days following the date due shall have a penalty of fifteen percent (15%) or twenty-five dollars ($25.00), whichever is the higher, added to the amount due when payment is finally made. The assessment of this penalty shall not prevent the State Plant Board from taking other actions as provided in this chapter; and(2) Keep such records as may be necessary or required by the department to indicate accurately the tonnage of commercial feed distributed in this state, and the department shall have the right to examine such records to verify statements of tonnage. Failure to make an accurate statement of tonnage or to pay the inspection costs or comply as provided herein shall constitute sufficient cause for the cancellation of the license of a distributor. However, no license shall be canceled or revoked before the distributor has been given an opportunity to be heard before the board and to pay the sums owed under this section.

(1) File, not later than the last day in January, April, July, and October of each year, a quarterly statement setting forth the number of net tons of commercial feeds distributed in this state during the preceding three (3) months. After filing the quarterly statement, the Department of Agriculture shall invoice the responsible party at the rate stated in subsection (a) of this section. Inspection costs which are due and owing and have not been remitted to the department within fifteen (15) days following the date due shall have a penalty of fifteen percent (15%) or twenty-five dollars ($25.00), whichever is the higher, added to the amount due when payment is finally made. The assessment of this penalty shall not prevent the State Plant Board from taking other actions as provided in this chapter; and

(2) Keep such records as may be necessary or required by the department to indicate accurately the tonnage of commercial feed distributed in this state, and the department shall have the right to examine such records to verify statements of tonnage. Failure to make an accurate statement of tonnage or to pay the inspection costs or comply as provided herein shall constitute sufficient cause for the cancellation of the license of a distributor. However, no license shall be canceled or revoked before the distributor has been given an opportunity to be heard before the board and to pay the sums owed under this section.

(c) Sums collected shall constitute a fund for the payment of the costs of inspection, sampling, and analysis, and other expenses necessary for administration of this chapter and shall be deposited into the State Treasury to the credit of the State Plant Board Fund.