Pesticides—registration fees, 45.3
ARC 6500C
AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]
Notice of Intended Action
Proposing rule making related to pesticide registration fees
and providing an opportunity for public comment
The Agriculture and Land Stewardship Department hereby proposes to amend Chapter 45, "Pesticides," Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is proposed under the authority provided in Iowa Code section 206.12.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code section 206.12 as amended by 2022 Iowa Acts, House File 2581.
Purpose and Summary
This proposed rule making implements 2022 Iowa Acts, House File 2581, by repealing pesticide registration fee language that is no longer relevant.
Fiscal Impact
This rule making has no fiscal impact to the State of Iowa beyond that of the legislation it is intended to implement.
Jobs Impact
After analysis and review of this rule making, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.
Public Comment
Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m.on September 27, 2022. Comments should be directed to:
Colin Tadlock Iowa Department of Agriculture and Land Stewardship Wallace State Office Building 502 East 9th Street Des Moines, Iowa 50319 Phone: 515.518.7609 |
Public Hearing
No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)"b," an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
The following rule-making action is proposed:
Amend rule 21—45.3(206) as follows:
21—45.3(206) Registration required. No person shall distribute, give, sell or offer to sell any pesticide which has not been registered with the department of agriculture and land stewardship.
45.3(1) Registration fees. All pesticides distributed for sale in the state of Iowa shall be registered pursuant to Iowa Code section 206.12. The registration period shall be January 1 through December 31 of each year. The annual registration fee for each brand and grade of pesticide shall be a minimum of $250 and a maximum of $3000. Intermediate fees shall be determined by multiplying the gross dollar amount of annual sales in Iowa for each pesticide product by one-fifth of 1 percent or 0.002. A registration fee shall be paid for each brand and grade of pesticide.
Each registrant shall submit an application for registration on forms approved by the secretary of agriculture. The registration fee for each product shall be submitted with the application for registration. Application for new or initial registrations of pesticide products shall be accompanied by the minimum registration fee of $250.
45.3(2) Renewal fees. Pesticide product registration renewal fees shall be based on the previous year's gross annual sales with the dollar value derived from the first level of distribution for each pesticide product sold in the state of Iowa. Each registrant shall be responsible for determining total annual Iowa sales data for each pesticide product sold in Iowa whether the pesticide product is distributed for retail sale in Iowa by a manufacturer or from a distributor or wholesaler in the state or from outside the state. Registration renewal fees for pesticide products registered for sale and use in Iowa shall be based on one-fifth of 1 percent of the dollar amount of the total sales for each pesticide product sold. Registration renewal fees shall be a minimum of $250 and a maximum of $3000 per pesticide product for each registration period.
The annual sales data for each pesticide product registered in Iowa shall be maintained on file for a minimum of three years with the registrant and shall be made available for audit upon request by the department.
45.3(3) Exemption from minimum fee. A manufacturer or registrant of a pesticide product may file a request for an exemption to the minimum product registration fee of $250 and the secretary may grant an exemption to the minimum registration fee for a period not to exceed one year provided that at least one of the following conditions is met:
a. to d. No change.
45.3(4) to 45.3(6) No change.
This rule is intended to implement Iowa Code section 206.12.
This notice is now closed for comments. Collection of comments closed on 9/27/2022.
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 9/7/2022.
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 21-45.3The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 206.12The following keywords and tags were added to this document. You may click a keyword to view related notices.
Discontinued pesticides Exemption from minimum fee Penalty for nonregistered pesticides Registration fees Registration renewal grace period Registration required© 2024; State of Iowa | Privacy Policy