(1) Every registrant
or licensee must file a semiannual report on forms provided by
the department setting forth the number of tons of commercial
feed distributed in or into this state. The report must be filed
regardless of the amount of feed distributed or inspection fees
owed. The report must include:
(a) The name and mailing address of the registrant or
licensee;
(b) The physical address of the registrant or licensee;
(c) The name, contact information, and signature of the
person filing the report;
(d) The total number of tons distributed in or into this
state;
(e) The total number of tons on which the registrant or
licensee is paying;
(f) If the registrant or licensee is not paying inspection
fees on all commercial feed he or she distributed in or into this
state, information regarding the registrants or licensees that
are responsible for paying the inspection fees and the number of
tons involved; and
(g) Other information required by the department by rule.
(2) Except as provided in subsections (3) through (5) of
this section, each initial distributor or responsible buyer must
pay to the department an inspection fee on all commercial feed
distributed by such person during the reporting period. The
inspection fee must accompany the report required in subsection
(1) of this section. The inspection fee shall be not less than
four cents nor more than twelve cents per ton as prescribed by
the department by rule. These fees shall be used for enforcement
and administration of this chapter and its rules.
(3) The initial distributor is not required to pay an
inspection fee for commercial feed he or she distributed to a
responsible buyer.
(4) In a situation where a responsible buyer is distributing
to another responsible buyer, the inspection fee must be paid by
the last responsible buyer to distribute the commercial feed.
(5) The initial distributor or responsible buyer is not
required to pay an inspection fee for: (a) Pet food and
specialty pet food distributed in packages weighing less than ten
pounds; (b) distribution of bona fide experimental feeds on which
accurate records and experimental programs are maintained; (c)
commercial feed distributed to points outside this state; and (d)
food processing byproducts from fruit, vegetable, or potato
processing plants, freezing or dehydrating facilities, or juice
or jelly preserving plants.
(6) Tonnage will be reported and inspection fees will be
paid on (a) byproducts or products of sugar refineries; and (b)
materials used in the preparation of pet foods and specialty pet
food.
(7)(a) Each person made responsible by this chapter for
filing a report or paying inspection fees must do so according to
the following schedule:
(i) For the period January 1st through June 30th of each
year, the report and inspection fees are due on July 31st of that
year; and
(ii) For the period July 1st through December 31st of each
year, the report and inspection fees are due on January 31st of
the following year.
(b) If a complete report is not received by the due date or
the appropriate inspection fees are not received by the due date,
the person responsible for filing the report or paying the
inspection fee must pay a late fee equal to fifteen percent of
the inspection fee owed or fifty dollars, whichever is greater.
(c) The department may cancel the registration of a person's
commercial feed or may cancel a person's commercial feed license
if that person fails to pay the late fee. The applicant or
licensee may request a hearing as authorized under chapter 34.05 RCW.
(8) If inspection fees are owed, the minimum inspection fee
is twelve dollars and fifty cents.
(9) For the purpose of verifying the accuracy of reports and
payment of appropriate inspection fees, the department may
examine, at reasonable times, a registrant's or licensee's
distribution records and may require each registrant or licensee
to maintain records or file additional reports. These records
must be maintained in usable condition by the registrant or
licensee for a period of three years unless by rule this
retention period is extended and must be submitted to the
department upon request.
(10) The report required by subsection (1) of this section
shall not be a public record, and any information given in such
report which would reveal the business operation of the person
making the report is exempt from public disclosure under chapter 42.56 RCW, and information obtained by the department from other
governmental agencies or other sources that is used to verify
information received in the report is exempt from public
disclosure under chapter 42.56 RCW. However, this subsection
does not prevent the use of information concerning the business
operation of a person if any action, suit, or proceeding
instituted under the authority of this chapter, including any
civil action for collection of unpaid inspection fees, which
action is hereby authorized and which shall be as an action at
law in the name of the director of the department.
(11) Any commercial feed obtained by a consumer or contract
feeder outside the jurisdiction of this state and brought into
this state for use is subject to all the provisions of this
chapter, including inspection fees.
[2006 c 209 § 2; 2005 c 18 § 7; 1995 c 374 § 38; 1982 c 177 § 3; 1981 c 297 § 17; 1979 c 91 § 1; 1975 1st ex.s. c 257 § 5; 1967 c 240 § 32; 1965 ex.s. c 31 § 6.]
NOTES:
Effective date -- 2006 c 209: See RCW 42.56.903.
Effective date -- 1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Effective date -- 1981 c 297 § 17: "Section 17 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1981." [1981 c 297 § 44.]
Severability -- 1981 c 297: See note following RCW 15.36.201.
Effective date -- 1979 c 91: "This act shall take effect on January 1, 1980." [1979 c 91 § 2.]
Effective date -- 1975 1st ex.s. c 257: See note following RCW 15.13.470.
Severability -- 1967 c 240: See note following RCW 43.23.010.