The purpose of this chapter is to provide for the assessment on commercial equine feed and to describe the procedures for its collection and possible refund to a retail purchaser. This 5-year program is intended to benefit Maryland's equine industry. In this chapter, the following terms have the meanings indicated. Terms Defined. “Commercial equine feed” or “feed” means feed that is labeled or intended for an equine, but does not include unprocessed feed such as hay, oats, corn, or any feed that is exempt from the registration requirements of the Maryland Commercial Feed Law, Agriculture Article, §6-107, Annotated Code of Maryland. “Equine” means a horse, mule, donkey, or pony. “Labeled” means labeling or any display of written, printed, or graphic matter affixed to or accompanying the feed or the container in which the commercial equine feed is sold, including an invoice or delivery ticket. “Person” means an individual, governmental entity, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. “Registrant” means a person who is required to register feed pursuant to the Maryland Commercial Feed Law, Agriculture Article, §6-107, Annotated Code of Maryland. “Secretary” means the Secretary of the Department of Agriculture or the Secretary's designee. There is an assessment of $2 per ton on commercial equine feed sold in the State. Subject to the requirements of this chapter, a registrant shall pay the correct amount of the assessment to the Secretary. Quarterly Payment Requirements. A registrant shall pay the correct amount of the assessment for commercial equine feed sold in the State to the Secretary once each quarter as follows: For feed sold January 1 through March 31, the assessment shall be received by the Secretary by April 30; For feed sold April 1 through June 30, the assessment shall be received by the Secretary by July 30; For feed sold July 1 through September 30, the assessment shall be received by the Secretary by October 30; and For feed sold October 1 through December 31, the assessment shall be received by the Secretary by January 30. Payment Form. A registrant shall pay by check or money order only, accompanied by a completed commercial equine feed assessment form provided by the Secretary. A person who is subject to the requirements of this chapter shall keep for 4 years all records in connection with the sale of commercial equine feed in the State. The records shall be made available to the Secretary upon request. Retail Purchaser. Subject to the requirements of this regulation, a person who purchases commercial equine feed at a retail location in this State may request reimbursement from the Secretary for the amount of any assessment paid on the feed. Reimbursement Form. A person who requests reimbursement shall provide the Secretary with an original sales receipt for the feed and a completed form adopted by the Secretary. Request Period. A person who requests reimbursement of the assessment shall submit a request that is received by the Secretary not more than 120 days from the feed purchase date. Request Denied. The Secretary shall deny any request for reimbursement if received after the 120-day period provided in this regulation, or if assessment funds have not been paid or are otherwise unavailable. Posting at Point of Sale. A person who sells commercial equine feed at any retail location shall post in a noticeable place at the point of sale an appropriate sign, adopted by the Secretary, that informs the feed purchaser of the possibility of reimbursement. Sign Availability. Upon request, the Secretary shall provide a sign to any person who sells commercial equine feed. Any assessment collected by the Secretary shall be paid into the Maryland Horse Industry Fund, as provided in Agriculture Article, §2-708.2, Annotated Code of Maryland, to be used only for education, research, and promotional materials and activities intended to benefit the Maryland equine industry. The Secretary may take appropriate action to enforce the requirements of this chapter, as provided in Agriculture Article, §2-104, Annotated Code of Maryland. Agriculture Article, §6-107.2, Annotated Code of Maryland Effective date: Regulations .01—.09 adopted as an emergency provision effective October 28, 2002 (29:23 Md. R. 1808); adopted permanently effective February 17, 2003 (30:3 Md. R. 181)