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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 30, 2002
S. 1173
S. Printed 4/30/02--S. [SEC 5/1/02 4:26 PM]
Read the first time April 2, 2002.
TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE SOUTH CAROLINA AGRICULTURAL LIMING MATERIALS ACT, SO AS TO INCLUDE A DEFINITION OF "RESTRICTED FERTILIZER"; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO THE REGISTRATION OF COMMERCIAL FERTILIZER COMPANIES, SO AS TO REQUIRE A FERTILIZER DISTRIBUTOR TO OBTAIN A PERMIT ANNUALLY FROM THE STATE CROP PEST COMMISSION AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 46-25-1170, RELATING TO PENALTIES FOR VIOLATIONS OF THE AGRICULTURAL LIMING MATERIALS ACT, SO AS TO INCLUDE SANCTIONS AGAINST PERMITS ISSUED PURSUANT TO THIS CHAPTER.
Amend Title To Conform
Whereas, it is in the interest of public safety to regulate access to certain fertilizers, designated by the commission as restricted fertilizers, that may pose an unreasonable threat due to characteristics such as explosive capability. The intent of this act is to allow for monitoring of the distribution of restricted fertilizers in South Carolina and to encourage distributors to sell restricted fertilizers only to persons known to use these fertilizers for farm or garden purposes. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 46-25-20(2) of the 1976 Code, as last amended by Act 388 of 1992, is further amended by adding an appropriately lettered subitem at the end to read:
"( ) 'restricted fertilizer' is a commercial fertilizer that is determined by the commission to present an unreasonable threat including, but not limited to, potential explosive capability to the safety of the general public."
SECTION 2. Section 46-25-210 of the 1976 Code, as last amended by Act 388 of 1992, is further amended to read:
"Section 46-25-210. (A) Each A company guaranteeing commercial fertilizer offered for sale, or to be sold, or distributed in this State to nonregistrants must be registered with the State. The application for registration must be submitted to the commission on forms furnished by the commission. Upon approval by the commission or its authorized agent, a copy of the registration must be furnished to the applicant.
(1) A person wishing to become a registrant, before engaging in business, shall secure a license or renewal from the commission or its authorized representative. The application for the license must be on forms furnished by and contain the information prescribed by the commission or its authorized representative. The application must be accompanied by an annual registration fee in accordance with the following schedule:
Tonnage Volume of
Registrant License Fee
0-5,000 tons Fifty dollars
5,001-25,000 tons One hundred dollars
More than 25,000 tons Two hundred dollars
A new registrant shall pay a license fee of fifty dollars. On renewal the fee must be based on the tonnage volume of the registrant in accordance with the schedule above. The tonnage is determined from the monthly tonnage reports filed by the registrant in accordance with this chapter. The license must be renewed annually and is effective from July first through June thirtieth of the following year. Fees must be paid by the first day of July of each calendar year. The license may be revoked for a violation of a provision of this chapter or regulations promulgated by the authority commission.
(2) All brands and grades of specialty fertilizer offered for sale, or to be sold, or distributed in this State must be registered on forms supplied by the commission or its agent. All specialty fertilizers sold or distributed in this State are subject to an annual registration fee of thirty dollars for each product.
(B)(1) A person desiring to become a distributor of fertilizer shall obtain an annual permit from the commission before engaging in business. However, a person distributing only specialty fertilizers in packages of ten pounds or less is not required to obtain a permit unless the specialty fertilizer is ammonium nitrate or urea as a single nutrient fertilizer. A person may not distribute restricted fertilizers in any quantity without a restricted fertilizer permit. Applications for a permit must be submitted on forms furnished by the commission or its agent. A fertilizer registrant is not subject to additional permitting fees. Upon approval of the commission and issuance of a permit, the applicant is authorized to do business as a distributor. All permits expire on June thirtieth of each year.
(2) Permits must be issued in these categories:
(a) A general fertilizer permit authorizes the permit holder to engage in the distribution of commercial fertilizers except those determined by the commission to be restricted fertilizers. A fee may be charged for this permit.
(b) A restricted fertilizer permit authorizes the permit holder to engage in the distribution of all commercial fertilizers, including those that are designated as restricted fertilizers. A restricted fertilizer permit holder may refuse to sell to a person attempting to purchase restricted fertilizers out of season, in unusual quantities, or under suspect purchase patterns. A restricted fertilizer permit holder immediately shall report to the commission any suspect fertilizer purchase attempt. A restricted fertilizer permit holder shall record a valid driver's license number issued in the United States, or other picture identification card number approved for this use by the commission, for the purchaser of any restricted fertilizer. This information and any additional records required by the commission must be maintained by the permit holder for a minimum of two years. The Department of Public Safety shall provide access to the director to verify driver's license numbers or identification numbers and information required for compliance with this section. A registrant may obtain a restricted fertilizer permit by indicating on the application for registration the intent to distribute restricted fertilizers. A distributor or registrant may not supply restricted fertilizers to a distributor, or other persons or entities for resale who do not hold a valid restricted fertilizer permit. The annual fee for this permit is two hundred and fifty dollars.
(C)(1) A person who violates a provision of this section is subject to the criminal penalties prescribed by Section 46-9-90(A) and the civil penalties prescribed by this chapter.
(2) If a person distributes commercial fertilizers without a valid permit, the commission shall place a stop sale order on all of the person's commercial fertilizers until the person obtains a valid permit.
(D) Information identifying a holder of a permit issued pursuant to subsection (B) is exempt from public disclosure under Section 30-4-40(a)(4)."
SECTION 3. Section 46-25-1170 of the 1976 Code, as added by Act 595 of 1988, is amended to read:
"Section 46-25-1170. In addition to a denial, suspension, revocation, or modification of a provision of a license, permit, or certificate, or any other penalty provided in this chapter, a person who violates a provision of this chapter may be assessed a civil penalty by the director of not more than one thousand dollars for each offense."
SECTION 4. Section 46-25-810 of the 1976 Code, as last amended by Act 388 of 1992, is further amended to read:
"Section 46-25-810. For the purpose of carrying out the provisions of this chapter, all registrants or guarantors who distribute or sell any commercial fertilizer in South Carolina shall pay to the State Treasurer division an inspection tax of twenty-five cents for each ton of commercial fertilizer sold. A report of tonnage shall be is due and the inspection tax payable monthly on the fifteenth day of the following month covering tonnage of commercial fertilizer sold during the preceding month by the registrant or guarantor transacting, distributing, or selling to a nonregistrant. If the tonnage report is not filed and the payment of inspection taxes is not made within fifteen days after the date due, a collection fee amounting to ten per cent of the amount due shall must be assessed against the guarantor, and the amount of fees due shall constitute constitutes a debt and become the basis of a judgment against the guarantor. If the tonnage report is not filed and the payment of the inspection tax and collection fee be is not made within thirty days after the date due, or if the report is false, fifteen days after due written notice and opportunity for hearing have been given, the commission may cancel the registration of commercial fertilizer registered by the delinquent guarantor."
SECTION 5. Section 59-119-130 of the 1976 Code is repealed.
SECTION 6. This act takes effect July 1, 2002.
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