(1) Every registrant or licensee who distributes commercial fertilizer in this state must file a semiannual report on forms provided by the department stating the number of net tons of each commercial fertilizer distributed in this state.

     (a) For the period January 1st through June 30th of each year, the report is due on July 31st of that year; and

     (b) For the period July 1st through December 31st of each year, the report is due on January 31st of the following year.

Upon permission of the department, a person distributing in the state less than one hundred tons for each six-month period during any annual reporting period of July 1st through June 30th may submit an annual report on a form provided by the department that is due on the July 31st following the period. The department may accept sales records or other records accurately reflecting the tonnage sold and verifying such reports.

     (2) Each person responsible for the payment of inspection fees for commercial fertilizer distributed in this state must include the inspection fees with each semiannual or annual report. If in an annual reporting period a registrant or licensee distributes less than eighty-three tons of commercial fertilizer or less than one hundred sixty-seven tons of commercial lime or equivalent combination of the two, the registrant or licensee must pay the minimum inspection fee of twenty-five dollars.

     (3) The department may, upon request, require registrants or licensees to furnish information setting forth the net tons of commercial fertilizer distributed to each location in this state.

     (4)(a) If a complete report is not received by the due date, the person responsible for filing the report must pay a late fee of twenty-five dollars.

     (b) If the appropriate inspection fees are not received by the due date, the person responsible for paying the inspection fee must pay a late fee equal to ten percent of the inspection fee owed or twenty-five dollars, whichever is greater.

     (c) Payment of a late fee does not prevent the department from taking any other action authorized by this chapter for the violation.

     (5) It is a misdemeanor for any person to divulge any information provided under this section that would reveal the business operation of the person making the report. However, nothing contained in this subsection may be construed to prevent or make unlawful the use of information concerning the business operations of a person in any action, suit, or proceeding instituted under the authority of this chapter, including any civil action for the collection of unpaid inspection fees, which action is authorized and which shall be as an action at law in the name of the director of the department.

[2008 c 292 § 3; 1993 c 183 § 7; 1987 c 45 § 14.]

NOTES:

     Construction -- Severability -- 1987 c 45: See notes following RCW 15.54.270.