Texas fertilizer registration, permits, small-package fees and tonnage

To sell fertilizer in Texas, you need a permit from the Office of the Texas State Chemist (OTSC) and a registration for each product. Both are permanent, so neither has to be renewed. What recurs is the inspection fee. As of October 2026, a product sold only in containers of 5 lb or less pays a flat $50 per fiscal year. Everything else goes on quarterly tonnage reports with a per-ton fee and a $100 annual minimum. OTSC's fee page and the statute point to different per-ton rates.

Who regulates fertilizer in Texas

OTSC runs the Texas Feed and Fertilizer Control Service from College Station, which the statute calls "the Service." The law is Chapter 63 of the Texas Agriculture Code. The rules are in Title 4, Chapter 65 of the Texas Administrative Code, last amended January 2, 2017. Applications and reports go to OTSC at P.O. Box 3160, College Station, TX 77841-3160.

The permit

Under section 63.031, you may not manufacture or distribute commercial fertilizer in Texas without a valid permit. Under section 63.033, a permit lasts until the Service revokes it, you cancel it, or the Service requires a new one.

The permit application has three classes:

• Class 1: commercial fertilizer packaged only in containers of 5 lb or less.
• Class 2: firms whose tonnage inspection fees will equal or exceed the $100 minimum annual fee.
• Class 3: firms whose tonnage inspection fees will not exceed the $100 minimum.

Neither OTSC's fee schedule nor the statute sections we reviewed list a separate permit fee. The form does say what to send with it: the $100 annual fee for Class 2 and Class 3, and $50 per product for Class 1. In effect, you pay your first year's inspection fees when you apply.

The firm name and address on the permit must match your registrations and labels exactly. The person who signs affirms that they are authorized to act for the firm and that the information is correct. They also commit the firm to paying the inspection fees.

Product registration

Section 63.031 requires a registration for each distinct mixture, formulation or type of commercial fertilizer, except customer-formula fertilizer. Rule 65.11 requires each brand name to be registered before the product is distributed. You use Form R-67 to list each brand or product name, the net weight of each package, and the type (specialty non-farm, on-farm use, liquid or dry, and so on).

• Specialty (non-farm) products need an actual or facsimile label with the application.
• On-farm-use fertilizers register only the brand name, along with a completed sample label.
• Containers of 1 lb or less: a specialty product in these must state its net weight, per Rule 65.11(d).
• Fees: Registration is permanent and has no fee of its own. The form says $50 goes with each product packaged only in containers of 5 lb or less.

Small packages: $50 per product per fiscal year

Section 63.071(c) sets a flat inspection fee of $50 for each distinct product distributed in containers of 5 lb or less. It is charged for each fiscal year, or part of one, in which you distribute the product. Texas's fiscal year runs September 1 to August 31, and OTSC says the fee is due September 1. Under Rule 65.42(c), these products need no tonnage report.

The catch is in Rule 65.41(c). The flat fee applies only to products packaged only in containers of 5 lb or less. If you sell the same product in a larger container too, every size of that product moves to tonnage reporting. Some examples:

• A houseplant food in an 8-oz bottle and a 1-lb pouch: $50 a year.
• A 4-lb bag of 10-10-10: $50 a year.
• Add a 10-lb bag of the same 10-10-10, and all of its sizes go on quarterly tonnage.

OTSC adds two timing rules. If you stop distributing a product before the last month of the fiscal year, you still owe the $50 if it stays on store shelves more than three months into the next fiscal year. Otherwise the product must be recalled after August 31.

The limit is stated in pounds. If your liquid labels declare fluid ounces, confirm with OTSC how the 5-lb limit is measured. See small-package fertilizer rules for how other states draw the line.

Quarterly tonnage reports

Periods and due dates

Under section 63.072(c), quarterly reports and payment are due on or before the 31st day after each quarter ends. Here are the quarters, with due dates calculated from that rule:

The $100 minimum

Under section 63.071(d), a registrant on tonnage fees pays a $100 minimum annual fee in advance each fiscal year, and it is credited against that year's tonnage fees. OTSC's fee page says it is due with the first quarterly report, for the quarter ending November 30. A brand that ships 20 tons a year into Texas therefore pays $100, not 20 tons times the rate.

What the report contains

Section 63.072(a) requires a sworn report. It either states the tonnage you distributed in Texas or states that you distributed none. The level of detail depends on the product:

• Home-and-garden products: Under Rule 65.42(b), the person the product is registered to reports total tonnage for the quarter, with no breakdown by county, grade or type. That is much simpler than Florida or California.
• On-farm products: These need a quarterly statistical report by county, grade and type.
• How tons are counted: Rule 65.41 measures tons at 2,000 lb, "as distributed."

Zero reports

OTSC's fee page says reports are due, and subject to the minimum penalty, even in a quarter with no sales. A quarter you forget can cost $50 even if you sold nothing.

The rate conflict

As of October 2026, the per-ton rate can't be stated as settled:

• OTSC's fee page lists 36 cents per ton "as of June 19, 2007," and says the $100 minimum covers the first 277.78 tons. The page footer reads ©2007–2023.
• Section 63.071(b) sets a base rate of 30 cents per ton. With board approval, the director may raise or lower it by 2 cents per ton each fiscal year. Rule 65.41 says changes can take effect before any quarter, with 30 days' notice to registrants.

The only published figure we found is the 36 cents on the fee page, and that page is dated. On 500 tons, 36 cents comes to $180 and 30 cents to $150. Use the rate on the report form OTSC sends you, and confirm it with OTSC's Fee Section.

Quarterly or annual: a second conflict

Section 63.072(a) says you report quarterly if your total inspection fees for the year are $100 or more, and annually if they are less. Annual reports are due on or before the 31st day after August 31. OTSC's fee page, though, describes quarterly reports and the $100 minimum for every firm on tonnage, and the permit form has a Class 3 for firms under the minimum. If your volume is small, ask OTSC in writing which schedule applies to you.

Signing, filing and paying

• Paper filing: Texas tonnage filing works by mail. OTSC mails report forms to firms about 10 days before each quarter ends. If you haven't received one within 7 days after a quarter ends, OTSC asks you to call (979) 845-1121.
• Signature: Reports are sworn statements, signed for the firm.
• Company Portal: OTSC's login page says it is for adding product identifiers such as SKU/UPC numbers. We did not find online tonnage filing there.
• Questions: OTSC directs tonnage and fee questions to its Fee Section.

Penalties

Under section 63.073, a late report or payment carries a penalty of 15 percent of the fee due or $50, whichever is greater. The penalty and the overdue fee must be paid before the 61st day after the quarter ends. If they aren't, the Service cancels the registration. If you have sold in Texas without a permit or registration, see sold fertilizer without registering.

Common mistakes

• Adding a larger size to a small-package product. One size over 5 lb puts every size of that product on tonnage.
• Skipping zero reports. Each missed quarter carries at least the $50 minimum penalty.
• Forgetting the $100 minimum. It goes with the report for the quarter ending November 30.
• Waiting for a form that never arrives. Call OTSC if it hasn't come within 7 days after the quarter ends.
• Mismatched names. The firm name and address must be identical on the permit, the registration and the label.
• Forgetting shelf stock. Small-package products still on shelves more than three months into a new fiscal year owe the $50.
• Hard-coding 36 cents. The rate is adjustable each fiscal year, so check it on every form.

All figures are as of October 2026. Confirm them with OTSC before you file. For how Texas compares with other states, see how to register fertilizer in every state.

Sources

• OTSC: Commercial Feed and Fertilizer Fee Structures
• Texas Agriculture Code, Chapter 63 (§§63.031, 63.033, 63.071–63.073)
• 4 TAC Chapter 65, Commercial Fertilizer Rules (amended January 2, 2017)
• OTSC: Fertilizer Registration Application, Form R-67 (rev. 3-8-16)
• OTSC: Application for Permit to Distribute Commercial Fertilizer (rev. 3-8-16)
• OTSC: Company Portal login