5E-1.009. Sampling

(1) CONSUMER REQUEST SAMPLES.

(a) For purposes of this rule, a consumer is defined as an individual, a corporate entity, or a distinct farming operation. If it deems necessary, the department may require an identification number, and acceptable evidence of tonnage purchased.

(b) Each consumer shall be entitled to request samples sufficient to represent up to 250 tons during each July 1 to June 30 period, without payment of a fee. A consumer who purchases in excess of 250 tons shall be subject to the payment fee provided below. Each sample found deficient shall entitle a consumer to an additional request sample without fee payment.

(c) A consumer requesting samples in addition to those provided for above, shall pay to the department a fee of one hundred fifty dollars per sample, to be deposited in the General Inspection Trust Fund.

(d) The departments response to consumer request samples shall be contingent upon its capability to effectively regulate the overall fertilizer market.

(e) The department shall review this section annually.

(2) DOCUMENTATION.

(a) All official samples shall be properly identified by the inspector’s initials, assigned a sample number and be accompanied by the completed Fertilizer Sample Collection Report and any other available pertinent documentation.

(b) Notice of Penalties (Fertilizer Form No. IN-17 Eff. 2/93). The Notice of Penalties shall be utilized to inform licensees, dealers and consumers of an assessment of penalty on deficient fertilizer.

(c) Invoice, (Fertilizer Form No. IN-153 Rev. 2/93). The Invoice shall be used to bill a licensee for a penalty for a deficient fertilizer when there is an unknown consumer. All billings of Commercial Tests of fertilizer shall be invoiced by the department.

(d) Notification of Sale of Deficient Fertilizer, (Fertilizer Form No. IN-154 Rev. 2/93). This form shall be used by the Department to obtain from the dealer any known purchasers representing the lot of fertilizer sampled.

(e) Notice of Deficiency Payment, (Fertilizer Form No. IN-155, Rev. 2/93). The Notice of Deficiency Payment is completed by the licensee, notifying the Department of what form of payment for the deficiency was made to the consumer.

(f) Deficiency Payment, Acknowledgment of Receipt. (Fertilizer Form No. IN-156, Rev. 2/93). Acknowledgment of Receipt Deficiency Payment is completed by the consumer, notifying the Department of what form of payment received from the licensee of the deficient fertilizer purchased.

(3) FORMS. The following forms are hereby incorporated by reference. These forms may be obtained from the Division of Agricultural Environmental Services, the Bureau of Compliance Monitoring, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, [phone].

(a) Notice of Penalties, (Fertilizer Form No. IN-17 Eff. 2/93).

(b) Invoice, (Fertilizer Form No. IN-153 Rev. 2/93).

(c) Notification of Sale of Deficient Fertilizer, (Fertilizer Form No. IN-154 Eff. 2/93).

(d) Notice of Deficiency Payment, (Fertilizer Form No. IN-155, Rev. 2/93).

(e) Deficiency Payment, Acknowledgment of Receipt, (Fertilizer Form No. IN-156), Rev. 2/93.

Rulemaking Authority 576.181(2), 570.07(23) FS. Law Implemented 576.181(2), 576.051(2), (8) FS. History–Revised 1-23-67, Amended 6-24-69, 10-1-71, 6-21-72, 1-1-77, 2-28-84, 1-23-85, 6-19-85, Formerly 5E-1.09, Amended 3-28-91, 8-3-93, 7-9-95, 10-25-98.