Tonnage reports

(a) Requirements.--The guarantor whose name appears on a label shall submit, along with the requisite inspection fee, a report in a manner prescribed by the department listing by county the intended use and net tons of each brand and grade of fertilizer distributed in this Commonwealth for the period covered by the inspection fee. The department may promulgate regulations to establish additional tonnage reporting requirements. (b) Multiple guarantors.--When more than one guarantor is involved in the distribution of fertilizer, the guarantor who distributed the fertilizer last shall report the tonnage and pay the inspection fee, unless the report and payment have been made by a prior distributor. (c) Late fee.--A penalty of $25 or 10% of the total inspection fee, whichever is greater, shall be imposed for a fee or report not submitted at the required time. (d) Examination permitted.-- (1) The department or its authorized representative may examine the records of the guarantor to verify the information contained in the reports filed with the department. (2) Reports containing fraudulent or incorrect information shall be considered a violation of this chapter for which the department may assess a penalty as provided for in this chapter. (e) Confidentiality of information.-- (1) Notwithstanding the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, or its successor statute, no proprietary information furnished to the department under this section shall be disclosed in a way as to knowingly or intentionally divulge a trade secret of a person subject to the provisions of this chapter. (2) This subsection shall not apply to information furnished to a court or administrative tribunal in accordance with law.