(a) There is a Food Processing Residuals Administration Fund. (b) (1) The Department shall set reasonable fees necessary to carry out its responsibilities regulating the utilization of food processing residuals under this title. (2) The fees charged shall be set so as to produce funds to approximate the cost of administering the Department's responsibilities regulating the utilization of food processing residuals under this title. (c) (1) The Department shall pay all fees collected under the provisions of this subtitle to the Comptroller. (2) The Comptroller shall distribute the fees received from the Department to the Food Processing Residuals Administration Fund. (d) The Food Processing Residuals Administration Fund shall be used exclusively to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Department as provided by the provisions of this title. (e) (1) The Food Processing Residuals Administration Fund is a continuing, nonlapsing special fund that is not subject to § 7-302 of the State Finance and Procurement Article. (2) Any unspent portion of the Food Processing Residuals Administration Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Food Processing Residuals Administration Fund to be used for the purposes specified in this title. (f) (1) The Secretary or the Secretary's designee shall administer the Fund. (2) Money in the Fund may be expended only for any lawful purpose authorized under the provisions of this title. (g) The accounts and transactions of the Fund shall be subject to audit as provided in § 2-1220 of the State Government Article.
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