Section ATCP 40.06 - Fertilizer; tonnage reports and fees(1) ANNUAL TONNAGE REPORT AND FEE PAYMENT. By September 30 of each year, a person required to hold a fertilizer license under s. ATCP 40.04 shall do all of the following: (a) Report to the department the number of tons of each grade of fertilizer that the person distributed in this state in the 12 months ending June 30 of that year. The person shall file the report in writing, on a form prescribed by the department.(b) Pay fees and surcharges under sub. (2). The person shall include the payment with the tonnage report under par. (a).(2) FEE AMOUNTS. Except as provided in sub. (3), a person shall pay the following fees and surcharges on tonnage reported under sub. (1) (a): (a) A basic fee of 23 cents per ton, or $25, whichever is greater.(b) A research fee of 17 cents per ton, or $1, whichever is greater.(c) An additional research fee of 10 cents per ton, or $1, whichever is greater.(d) A groundwater fee of 10 cents per ton, or $1, whichever is greater.(e) A weights and measures inspection fee of 2 cents per ton, or $1, whichever is greater.(f) An agricultural chemical cleanup surcharge of 11 cents per ton, or the adjusted amount under s. 94.73(15), Stats.(3) FEE EXEMPTIONS. The fees under sub. (2) do not apply to fertilizer sold, for resale or further manufacturing, to a person licensed under s. ATCP 40.04.(4) COMBINATIONS AND FILLERS. A person shall include all of the following in the tonnage reported under sub. (1) (a): (a) Combination products, if any.(b) All fillers, carriers, and fluids included with a fertilizer at the time of distribution.(5) PENALTIES FOR LATE FILING. A person who fails to comply with sub. (1) by September 30 shall pay an additional fee of 10 percent of the tonnage fees due, but not less than $10. Note: The department may also suspend a license or permit for nonpayment of fees.
(6) TONNAGE INFORMATION CONFIDENTIAL. The department may not release information showing the grades or amounts of fertilizer that an individual license holder has sold, or the fees or surcharges that an individual license holder has paid under this section. The department may publish aggregate summaries that do not reveal individual license holder information.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 40.06
CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05; CR 06-028: am. (2) (f) Register November 2006 No. 611, eff. 12-1-06; CR 08-075: am. (2) (f) Register April 2009 No. 640, eff. 5-1-09.Amended by, CR 14-047: am. (2) (a), (b) Register, Register May 2015 No. 713, eff.6/1/2015Amended by, CR 18-019: am. (1) (intro.), (2) (f), (5) Register January 2020 No. 769, eff. 2-1-20; correction in (2) (f) made under s. 35.17, Stats., Register January 2020 No. 769, eff. 2/1/2020