Article 4. Licensing of California Food And Agricultural Code >> Division 7. >> Chapter 5. >> Article 4.
(a) Every person who manufactures or distributes fertilizing
materials shall, before he or she engages in the activity, obtain a
license from the secretary for each plant and business location that
he or she operates. Prior to issuing a license, the secretary shall
require verification that the applicant is a manufacturer or
distributor of fertilizing material compliant with this chapter. All
licenses shall be renewed in January of each odd-numbered year, and
shall be valid until December 31 of the following even-numbered year,
if issued in January of that same year. However, a person who only
distributes or who makes retail sales of packaged agricultural
minerals, packaged commercial fertilizers, packaged soil amendments,
organic input material, or packaged auxiliary soil and plant
substances, alone or in any combination, which bear the registered
label of another licensed person, is not required to obtain the
license.
(b) Every person who manufactures or distributes, or intends to
manufacture or distribute, ammonium nitrate as defined in Section
14512.5, in this state, shall inform the secretary of that activity
or intent when applying for a license. The license obtained by that
person shall identify him or her as a manufacturer or distributor of
ammonium nitrate.
(c) The license fee shall not exceed three hundred dollars ($300).
The secretary may, based on the findings and recommendations of the
board, reduce the license fee to a lower rate that provides
sufficient revenue to carry out this chapter.
A violation of this article is an infraction punishable by a
fine of not more than five hundred dollars ($500). A second or
subsequent violation of this article is a misdemeanor punishable by a
fine of not less than one hundred dollars ($100) and not more than
one thousand dollars ($1,000).
The license shall expire on December 31, of an even-numbered
year. Each application for renewal shall be accompanied by a fee not
to exceed two hundred dollars ($200) for each plant or business
location which a person operates. If a license is not renewed within
one calendar month following expiration, a penalty of fifty dollars
($50) shall be added to the fee and an additional penalty of fifty
dollars ($50) shall be added for each succeeding calendar month the
business location remains unlicensed. The total penalty, however,
shall not exceed 100 percent of the original amount due.