Vermont Statutes Title 6 Sec. 366
Terms Used In Vermont Statutes Title 6 Sec. 366
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Fertilizer: means any substance containing one or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth or health, except unprocessed animal or vegetable manures and other products exempted by the Secretary. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Formulation: means a material or mixture of materials prepared according to a particular formula. See
- Grade: means the percentage of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or potash stated in whole numbers in the same terms, order, or percentages as in the guaranteed analysis. See
- lime: means one or more of the following:
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Plant amendment: means any substance applied to plants or seeds that is intended to improve growth, yield, product quality, reproduction, flavor, or other favorable characteristics of plants, except for fertilizer, soil amendments, agricultural liming materials, animal and vegetable manures, pesticides, plant regulators, and other materials exempted by rule adopted under this chapter. See
- Plant biostimulant: means a substance or microorganism that, when applied to seeds, plants, or the rhizosphere, stimulates natural processes to enhance or benefit nutrient uptake, nutrient efficiency, tolerance to abiotic stress, or crop quality and yield, except for fertilizers, soil amendments, plant amendments, or pesticides. See
- Soil amendment: means a substance or mixture of substance that is intended to improve the physical, chemical, biological, or other characteristics of the soil, or a distinct form of horticultural growing media used in lieu of soil. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Ton: means a net weight of 2,000 pounds avoirdupois. See
§ 366. Tonnage fees
(a) A person distributing fertilizer to a nonregistrant consumer in the State annually shall pay the following fees to the Secretary:
(1) a $150.00 minimum tonnage fee;
(2) $0.50 per ton of agricultural fertilizer distributed; and
(3) $30.00 per ton of nonagricultural fertilizer distributed.
(b) Persons distributing fertilizer shall report annually on or before January 15 for the previous year ending December 31 to the Secretary revealing the amounts of each grade of fertilizer and the form in which the fertilizer was distributed within this State. Each report shall be accompanied with payment and written permission allowing the Secretary to examine the person’s books for the purpose of verifying tonnage reports.
(c) No information concerning tonnage sales furnished to the Secretary under this section shall be disclosed in such a way as to divulge the details of the business operation to any person unless it is necessary for the enforcement of the provisions of this chapter.
(d) Persons distributing a plant amendment, plant biostimulant, or soil amendment in the State shall report annually on or before January 15 for the previous year ending December 31 to the Secretary revealing the amounts of each formulation of plant amendment, plant biostimulant, or soil amendment and the form in which the plant amendment, plant biostimulant, or soil amendment was distributed within this State. Each report shall include a written authorization allowing the Secretary to examine the person’s books for the purpose of verifying tonnage reports. Plant amendments, plant biostimulants, and soil amendments are exempt from tonnage fees.
(e) Agricultural limes, including agricultural lime mixed with wood ash, are exempt from the tonnage fees required in this section.
(f) Lime and wood ash mixtures may be registered as agricultural liming materials and guaranteed for potassium or potash, provided that the wood ash totals less than 50 percent of the mixture.
(g)(1) All fees collected under subdivisions (a)(1) and (2) of this section shall be deposited in the special fund created by subsection 364(f) of this title and used in accordance with its provisions.
(2) All fees collected under subdivision (a)(3) of this section shall be deposited in the Agricultural Water Quality Special Fund created under section 4803 of this title.
(h) [Repealed.] (Added 1985, No. 126 (Adj. Sess.), § 1; amended 1999, No. 49, § 108; 2001, No. 143 (Adj. Sess.), § 36a, eff. June 21, 2002; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 64, § 10; 2015, No. 149 (Adj. Sess.), § 5, eff. Jan. 1, 2016; 2021, No. 41, § 10.)