12 KAR 1:140. Permits, reports, and fees for persons using own tags.

      RELATES TO: KRS 250.081(1)(c)7

      STATUTORY AUTHORITY: KRS 250.081

      NECESSITY, FUNCTION, AND CONFORMITY: To prescribe procedures to obtain a permit to label and distribute agricultural seed in Kentucky; to pay inspection fees for agricultural seed based upon kind and amount of seed distributed; and to obtain a permit to label and distribute vegetable seed, flower seed, or combination mulch, seed, and fertilizer products in Kentucky.

      Section 1. Obtaining Permits. (1) Application for permits to label agricultural seed shall be made on Form RS-64-01c, "Application for Permit for User to Provide Own Labels for Agricultural Seed and Mixtures of Agricultural Seed Sold in Kentucky."

      (2) Application for permits to label vegetable seed, flower seed, or combination mulch, seed and fertilizer products shall be made on Form RS-65-01d, "Application for Permit for User to Provide Own Labels for Vegetable Seed, Flower Seed, or Combination Mulch, Seed and Fertilizer Products Sold in Kentucky."

      Section 2. Reporting Sales. (1) A person who has been granted a permit to label agricultural seed under the provisions of this subsection shall submit quarterly reports and pay a labeling and inspection fee determined on the basis of quantity of seed sold and on the fee schedule established herein.

      (2) Quarters are January through March, April through June, July through September, and October through December. An added assessment of twenty-five (25) dollars or ten (10) percent of the unpaid fee, whichever is greater, shall be made for each seed quarterly report (Form RS-65-02c) received more than forty-five (45) days after the quarter ends.

      Section 3. Inspection fee for agricultural seed permit holders shall be:

      (1) For packages weighing one (1) pound and up to and including twenty-five (25) pounds:

      (a) Alfalfa, clovers, and grasses (including mixtures): eight (8) cents per package.

      (b) All other seed: four (4) cents per package.

      (2) For packages in excess of twenty-five (25) pounds in weight but not exceeding fifty (50) pounds:

      (a) Alfalfa, clovers, and grasses (including mixtures): sixteen (16) cents per package.

      (b) All other seed: eight (8) cents per package.

      (3) For packages in excess of fifty (50) pounds in weight but not exceeding seventy-five (75) pounds:

      (a) Alfalfa, clovers, and grasses (including mixtures): twenty (20) cents per package.

      (b) All other seed: twelve (12) cents per package.

      (4) For packages in excess of seventy-five (75) pounds in weight but not exceeding 100 pounds:

      (a) Alfalfa, clovers, and grasses (including mixtures): twenty- four (24) cents per package.

      (b) All other seed: sixteen (16) cents per package.

      (5) For packages in excess of 100 pounds and seed distributed in bulk:

      (a) Alfalfa, clovers, and grasses (including mixtures): twenty- four (24) cents per 100 pounds.

      (b) All other seed: sixteen (16) cents per 100 pounds.

      Section 4. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Application for Permit for User to Provide Own Labels for Agricultural Seed and Mixtures of Agricultural Seed Sold in Kentucky" (RS-64-01c).

      (b) "Application for Permit for User to Provide Own Labels for Vegetable Seed, Flower Seed, or Combination Mulch, Seed and Fertilizer Products" (RS-65-01d); and

      (c) "Seed Quarterly Report" (RS-65-02c).

      (2) These documents may be inspected, obtained, or copied at the Division of Regulatory Services, 103 Regulatory Services Building, University of Kentucky, Lexington, Kentucky 40546-0275, 8 a.m. to 4:30 p.m., Monday through Friday. (20 Ky.R. 3326; eff. 8-24-94.)