20-59-404. Inspection fees.

20-59-404. Inspection fees. (a) In order to make the Grade “A” Milk and Milk Products Inspection and Regulation Program self-supporting, the Accounting Division of the Department of Health shall collect on a monthly basis unless otherwise stated the following Grade “A” milk and milk products inspection fees: (1) Producers shall pay $.030 per one hundred pounds (100 lbs.) of Grade “A” milk inspected by the state; (2) Importers of raw Grade “A” milk produced and inspected in another state and imported into Arkansas as raw Grade “A” milk shall pay an inspection fee of ten dollars ($10.00) for each sample analyzed by the laboratory of the Department of Health; (3) Milk plants shall pay $.030 per one hundred pounds (100 lbs.) of Grade “A” milk processed or distributed; (4) Producer-distributors shall pay $.065 per one hundred pounds (100 lbs.) of Grade “A” milk produced or sold; (5) Milk haulers who sample and transport Grade “A” milk in the state shall pay an annual permit fee of ten dollars ($10.00). The fee shall be due January 1 of each year; (6) Distributors of Grade “A” milk processed by plants outside of Arkansas and sold in the state shall pay $.030 per one hundred pounds (100 lbs.) or a monthly minimum fee of two hundred dollars ($200) per month plus ten dollars ($10.00) for each sample analyzed by the laboratory of the department. The larger of the two sums shall be paid during the following month; and (7) Single service plants shall pay an annual permit fee of two hundred dollars ($200). This fee shall not be applied to plants paying a milk inspection fee. The fee shall be due January 1 of each year. (b) If any person fails, neglects, or refuses to pay the above fee and is delinquent for a period of thirty (30) days, the Secretary of the Department of Health is directed and empowered to prohibit the person from distributing, hauling, selling, or otherwise handling Grade “A” milk or milk products in the state and shall suspend his or her permit and withdraw all inspection service from the establishment until fees are paid in full. (c)(1) The Grade “A” milk and milk products inspection fees shall not be greater than the actual cost of the inspections. (2) If there is a balance in the Milk Inspection Fees Fund equivalent to ninety-day maintenance of the program, one (1) month of the milk inspection fees shall be forgiven. (d) The fees set forth in subsection (a) of this section may be increased by up to one half cent (½¢) beginning July 1, 1992, upon certification by the Chief Fiscal Officer of the State that the expenditures of the program exceed the amount of fees collected.