Small-package fertilizer rules by state

Many states treat fertilizer sold in small packages, usually 10 lb or less but anywhere from 5 to 25 lb, differently from bulk and larger bags. The most common approach replaces the per-ton inspection fee with a flat annual fee per product, and a few states also drop the tonnage report for brands that sell only small packages. Colorado goes the other way and charges small packages far more per ton.

Where the size limits sit

As of October 2026, state rules set these limits for packaged specialty fertilizer:

• 5 lb: Illinois (or 4,000 cc of liquid), New Mexico, North Carolina, Texas.
• 10 lb: Colorado, Delaware, Georgia, Kentucky, Maryland, Michigan, Mississippi, North Dakota, Ohio, South Carolina, West Virginia, and Massachusetts by statute (see below).
• 12 lb: Indiana.
• 25 lb: Iowa.

Read the exact wording. Most of these say "or less," so a 10-lb bag qualifies in Kentucky. Mississippi's current forms say "less than 10 lb" while its statute text says "10 lb or less," so a bag of exactly 10 lb is a question to put to the department. Two outliers: Nevada exempts packages under 1 lb from its fertilizer regulations (NAC chapter 588), and Louisiana offers an elective exception covered below.

Package size can also decide what counts as specialty fertilizer in the first place. Georgia's definition includes any fertilizer in packages of 10 lb or less, and Oklahoma defines specialty fertilizer as packages under 30 lb. More on that in specialty vs commercial fertilizer.

A flat fee per product instead of a per-ton fee

In many of these states, small packages skip the per-ton inspection fee and pay a fixed amount per product each year, usually collected with the registration. Some examples as of October 2026:

Others work the same way. Delaware charges $40 per grade as a combined registration and inspection fee. New Mexico adds a $10 annual inspection fee per product to the registration. Mississippi's $50 registration covers small packages in place of the per-ton fee, and Maryland's $30 registration does the same.

West Virginia's version adds up for multi-product brands. Three small-package products sold in every quarter cost 3 × $15 × 4 = $180 a year in inspection fees, plus $30 each to register.

Iowa's flat fee does not cover everything. The nitrogen groundwater protection fee still applies to small packages, though IDALS may waive it when it comes to $1.00 or less.

Massachusetts: statute and practice differ

The Massachusetts statute (M.G.L. c.128 §68) provides a $25 annual registration-and-inspection fee for specialty fertilizer in packages of 10 lb or less, in place of the per-ton fee. The current MDAR page and tonnage guide do not mention it: they list $100 per product and $0.15 per ton on all product. Treat the small-package rule as unconfirmed and ask MDAR how it bills 1–5 lb packages.

No fee, but you still file

Several states waive the per-ton fee on small packages but still want them on the tonnage report:

• Ohio: no fee on containers of 10 lb or less, but the annual report is due November 30 even at $0.00.
• Michigan: no fee on products sold only in packages of 10 lb or less; the annual report and an exemption form are still filed by January 31.
• Delaware: small-package tons go in the "No Fee" column of the semiannual form.
• Maryland: the semiannual statement is still due, and a monthly report by the 10th appears to apply as well; confirm with the State Chemist.
• Mississippi: the annual report is still filed.
• North Carolina: packages of 5 lb or less owe no tonnage fee unless a brand passes 100 tons in a July–June fiscal year, when $0.50 per ton applies to the excess. The registration form asks only products over 5 lb to file the tonnage permit application.

No tonnage report at all

A few states let small-package-only sellers skip tonnage reporting:

• Georgia: licensees that distribute only specialty fertilizer in containers of 10 lb or less do not file quarterly reports.
• Kentucky: registrants selling only packages of 10 lb or less are exempt from quarterly reports.
• Texas: products distributed only in packages of 5 lb or less, with the $50 flat fee paid, are exempt from tonnage reporting.

Iowa sits in between: small-package registrants file one annual statement by grade instead of two semiannual statements. For Indiana, New Mexico, North Dakota and South Carolina, the sources do not say whether a small-package-only seller still files, so ask the agency before you skip a period. Indiana's $10 semiannual minimum is the open question there.

Louisiana's elective exception

Louisiana's Small Package Goods Exception works differently. A guarantor elects it at annual registration, agrees to sell only small packages and stays at or under 100 tons a year, then pays $100 a year in place of the $1.00 per ton fee. The current LDAF page and form define small packages as under 50 lb dry and under 5 gallons liquid; the 2010 rules used 10 lb and 16 oz. Quarterly reports are still required for all four quarters.

Colorado charges small packages more

Colorado reverses the pattern. Packages of 10 lb or less pay by the pound, while larger packages pay $1.10 per ton. The program page gives $0.01025 per pound ($20.50 per ton); the fee schedule gives $0.01 per pound ($20.00 per ton). Those sources conflict, so confirm the current rate with the department.

Take 2,000 4-lb bags shipped into Colorado in a year: 8,000 lb, or 4 tons. At the program-page rate that is $82.00 ($80.00 at the fee-schedule rate). The same 4 tons in bags over 10 lb would cost $4.40, though Colorado's $50 minimum per registrant would apply. The report covers the calendar year and is due February 15.

Vermont also charges home-garden products more, but by use rather than size: $30 per ton on nonagricultural fertilizer against $0.50 on agricultural, with a $150 annual minimum.

States with no small-package break

We found no package-size relief in Alabama, Arizona, Arkansas, Connecticut, Kansas, Minnesota, Missouri, Nebraska, Oklahoma, Oregon, Pennsylvania, Rhode Island, Washington and Wisconsin. Small bags pay the same per-ton fee and minimum as anything else. Oklahoma is the clearest case: products under 30 lb pay both the $100 per-product registration and the $1.00 per ton semiannual fee. For how those fees and minimums work, see fertilizer tonnage reports explained.

All small-package rules by state

State	Small-package rule
Colorado	10 lb or less: $20.50 per ton
Delaware	10 lb or less: no per-ton fee
Georgia	10 lb or less: no per-ton fee; no tonnage report if every package is this size or smaller
Illinois	5 lb or less: no per-ton fee
Indiana	12 lb or less: no per-ton fee
Iowa	25 lb or less: no per-ton fee; no tonnage report if every package is this size or smaller
Kentucky	10 lb or less: no per-ton fee; no tonnage report if every package is this size or smaller
Maryland	10 lb or less: no per-ton fee
Massachusetts	10 lb or less: no per-ton fee
Michigan	10 lb or less: no per-ton fee
Mississippi	10 lb or less: no per-ton fee
New Mexico	5 lb or less: no per-ton fee
North Carolina	5 lb or less: no per-ton fee; no tonnage report if every package is this size or smaller
North Dakota	10 lb or less: no per-ton fee
Ohio	10 lb or less: no per-ton fee
South Carolina	10 lb or less: no per-ton fee
Texas	5 lb or less: no per-ton fee; no tonnage report if every package is this size or smaller
West Virginia	10 lb or less: no per-ton fee; $15 per product sold each period

Mixed package sizes: the common trap

In some states the relief depends on every package of a product staying under the limit; in others only the larger sizes pay. Either way, adding a larger size changes the math:

• Texas: if a product is also sold in containers over 5 lb, the flat fee no longer applies and all sizes go on quarterly tonnage reporting, with the $100 minimum annual inspection fee.
• Kentucky: a package over 10 lb triggers quarterly reports at $0.50 per ton for that portion.
• Georgia: tonnage in containers over 10 lb is reported quarterly at $0.60 per ton.
• Illinois: sizes over 5 lb add $0.25 per ton, with a $15 minimum, plus the separate research assessment.
• Iowa, Maryland, North Dakota: only the larger packages pay per ton.
• West Virginia: fees are paid in each size category.

Say you sell a 4-lb and a 15-lb bag of the same 10-10-10 in Texas. Both sizes move to quarterly tonnage reporting, and the $50 flat fee no longer covers the 4-lb bag.

A short checklist

1. List every product with every package size and net weight, liquids included.
2. For each state, check every size against the limit and its exact wording.
3. Track small-package and large-package units separately in your sales data.
4. Before launching a larger size, check what it does in Texas, Kentucky and Georgia.
5. Where the sources are unclear (Indiana, Maryland, Massachusetts, New Mexico, North Dakota, South Carolina), get the answer from the agency in writing.

Figures are as of October 2026 and come from the sources below. Confirm with the agency before filing.

Sources

• Colorado Department of Agriculture, Fertilizer program and ICS fee schedule
• Delaware Code Title 3, Chapter 21
• Georgia Fertilizer Act, O.C.G.A. 2-12-1 et seq. and Rule 40-6-8
• 505 ILCS 80/6, Illinois inspection fees
• Indiana Code Title 15 and OISC Form B-11
• Iowa Code section 200.8
• Kansas Department of Agriculture, Fertilizer program
• KRS 250.381, Kentucky inspection fee and Kentucky tonnage handbook
• LDAF Fertilizer program
• M.G.L. c.128 §68 and MDAR Fertilizer or Lime Registration
• Maryland registration fee schedule and semiannual tonnage report
• MCL 324.8506, Michigan inspection fee
• MDAC Feed, Fertilizer, Lime, Soil and Plant Amendments program
• Neb. Rev. Stat. 81-2,162.06
• Nevada NAC Chapter 588
• New Mexico SB 143 (2026)
• N.C. Gen. Stat. 106-671 and Form FPR10.25
• NDDA annual tonnage reporting guidelines
• Ohio Department of Agriculture, Fertilizer Tonnage Report
• 2 O.S. 8-77.7, Oklahoma inspection fee
• Oregon Department of Agriculture, Fertilizer Tonnage Requirements
• S.C. Code Title 46, Chapter 25
• 4 TAC Chapter 65, Texas commercial fertilizer rules and OTSC fee structures
• 6 V.S.A. 366, Vermont tonnage reports and fees
• WSDA Fertilizer Tonnage Reporting
• WVDA quarterly fertilizer tonnage report and registration application