Home > Forum > Ag Exemption

Ag exemption

Aug 21, 2020 at 10:21 PM CST
+ 2

Just getting into hauling ag lime and rock. Is ag line considered exempt? It'd be from the quarry to the field. What about the rock?

Replied on Sat, Aug 22, 2020 at 11:17 AM CST
The list I found doesn't specify on lime, but commercial fertilizer is not considered an ag exempt product and I'd wonder if lime falls under the fertilizer category.
Replied on Sat, Aug 22, 2020 at 11:17 AM CST

Exempt loads are classified by animal feed

Not rock

Replied on Sat, Aug 22, 2020 at 07:12 PM CST
- 1
Quote: "Exempt loads are classified by animal feed Not rock "

Some animal feeds aren't considered feed either though. I haul liquid products weekly to chicken farms and feed mills and its not exempt. Certain "meals" aren't either. It just depends if the person with the computer engineering degree that has the government job of ag classification thinks its ok or not.
Replied on Sat, Aug 22, 2020 at 07:12 PM CST

I have a red stamp that reads

FMSCA Exempt

Essential Load

stamp it on my bols an wen I hand it to dot they see that stamp an waive me on

Replied on Sat, Aug 22, 2020 at 07:12 PM CST
Quote: "I have a red stamp that reads FMSCA Exempt Essential Load stamp it on my bols an wen I hand it to dot they see that stamp an waive me on"

Legal? Idk, but it works because everyone reads the regulation different.

Replied on Sat, Aug 22, 2020 at 07:13 PM CST
Quote: "The list I found doesn't specify on lime, but commercial fertilizer is not considered an ag exempt product and I'd wonder if lime falls under the fertilizer category. "

WHAT EXACTLY DO YOU MEAN BY AG EXEMPT





















WHAT EXACTLY DO MEAN BY AG EXEMPT? DO YOU MEAN CAN BE TRANSPORTED WITH OUT A COTRACTOR AUTHORITY LICENSE OR ARE YOU TALKING ABOUT SALES TAX ON LIME? TO MY UNDERSTANDING THERE IS NO SALES TAX ON AG LIME BUT THERE IS ON CRUSHED ROCK.













Replied on Sun, Aug 23, 2020 at 07:01 AM CST

Fertilizer can be exempt:

49 CFR § 395.1

(k) Agricultural operations. The provisions of this part shall not apply during planting and harvesting periods, as determined by each State, to drivers transporting

(1) Agricultural commodities from the source of the agricultural commodities to a location within a 150 air-mile radius from the source;

(2) Farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used within a 150 air-mile radius from the distribution point; or

(3) Farm supplies for agricultural purposes from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 150 air-mile radius from the wholesale distribution point.

49 CFR § 395.2 - Definitions

Farm supplies for agricultural purposes
Farm supplies for agricultural purposes means products directly related to the growing or harvesting of agricultural commodities during the planting and harvesting seasons within each State, as determined by the State, and livestock feed at any time of the year.

The planting and harvesting periods are determined by where the product was picked up, regardless if you cross state lines.

Pickup in WA deliver in Oregon, WA harvest periods are used.

Good Starting Point
https://www.fmcsa.dot.gov/hours-service/elds/agriculture-exemption-diagrams

Replied on Sun, Aug 23, 2020 at 07:01 AM CST
The list of Ag Exempt Commodities.... https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Administrative_Ruling_119.pdf Just like anything else from the .gov it contradicts it's self time and time again..... wheat midds....Not Exempt..... Frozen Fish Sticks.... Exempt 🤦🏻‍♀️
Replied on Sun, Aug 23, 2020 at 07:01 AM CST
Quote: "WHAT EXACTLY DO YOU MEAN BY AG EXEMPT WHAT EXACTLY DO MEAN BY AG EXEMPT? DO YOU MEAN CAN BE TRANSPORTED WITH OUT A COTRACTOR AUTHORITY LICENSE OR ARE YOU TALKING ABOUT SALES TAX ON LIME? TO MY UNDERSTANDING THERE IS NO SALES TAX ON AG LIME BUT THERE IS ON CRUSHED ROCK. "

49 CFR squiggly line 395.1, and squiggly line 395.2. Hours of service exemption.
Replied on Mon, Aug 24, 2020 at 08:09 AM CST
If you have anything related to feed I would think you could fight anything in court but Rock? animals don't eat Rock
Replied on Tue, Aug 25, 2020 at 07:51 AM CST
Replied on Thu, Aug 27, 2020 at 08:34 PM CST

Here is the list of exempt and not exempt commodities list fromt FMCSA website.


https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Administrative_Ruling_119.pdf

From my understanding anything that has been processed from its original form is not exempt. Most feed for example has been processed and is not exempt. Screenings have not been processed and are exempt. Raw grain from elevator to elevator not processed is exempt.

I go by this list because in the end it doesnt matter if i think its exempt or not its the guy with the badge at the scale and how he interprets the list. And if he wants to make your day bad he can. I dont have time to go to court to fight my opinion.

Replied on Sat, Aug 29, 2020 at 02:17 PM CST
HOS are still exempt for Livestock and Livestock Feed Ingredients processed or not
Replied on Sat, Aug 29, 2020 at 02:19 PM CST
This subject is far more complicated than a list can settle. A commodity cam be exempt in one situation and not in another. Read the entire section and see how it applies to your situation.