Chap. 350.—An ACT to amend and re-enact section 1110 of the Code of Vir-
ginia, as amended, relating to fertilizers and fertilizer materials. [H B 230]

Approved March 24, 1930

1. Be it enacted by the general assembly of Virginia, That section
eleven hundred and ten of the Code of Virginia, as amended, be
amended and re-enacted so as to read as follows:

— Section 1110. All manufacturers, dealers or agents who may
desire to sell or offer for sale hereafter in this State, any fertilizer or
fertilizer material shall register quinquennially with the commissioner
of agriculture and immigration of the State of Virginia, upon forms
furnished by said commissioner, the name of each brand of fertilizer
or fertilizer materials, which they may desire to sell or offer for sale
in this State, either by themselves or their agents, together with the
name and address of the manufacturer or manutacturers, the weight of
the package, and the guaranteed analysis thereof, stating the minimum
percentage of available phosphoric acid, water, soluble nitrogen, total
nitrogen, and available potash, together with the source of each of
such constituents; provided, that the materials supplying nitrogen shall
be divided into two classes, namely, mineral and organic; and the per-
centage of nitrogen derived from either of these classes shall be stated
and guaranteed but allowing a variation of one-fourth of one per cen-
tum for goods containing two per centum of the nitrogen or under,
and a variation of one-third of one per centum for goods containing
two or three per centum of nitrogen, and a variation of one-half of
one per centum for goods containing over three per centum of nitrogen.

If the analysis of any fertilizers shall show a deficiency in either
the mineral or organic nitrogen percentage registered with the com-
missioner of agriculture and immigration, or shown on the package or
source tag by the manufacturer, dealer or agent, in excess of the varia-
tion allowed, it shall be the duty of the said commissioner to assess
the value of such deficiency against the manufacturer, dealer or agent
who sold such fertilizer, the said assessment to be paid to the pur-
chasers of such fertilizer within three months after date of notice of
such assessment to the manufacturer, dealer or agent, and if the pur-
chasers cannot be found the amount of assessment shall be paid to the
commissioner of agriculture and immigration.

If any source of such constituents be changed, prompt notification
of such change shall be made to the commissioner of agriculture and
immigration.

All manufacturers, dealers or agents applying for such registration
under this section shall pay to the commissioner of agriculture and
immigration of the State of Virginia the sum of five dollars for each
brand registered with the said commissioner; further, that the quin-
quennial registration of brands of fertilizer, or fertilizer materials,
shall become effective January first, nineteen hundred and twenty-
seven. It is further provided herein that the full registration fee of
five dollars shall be levied on brands of fertilizer, or fertilizer materials,
offered for registration between the effective date and expiration date
of any quinquennial period. In no event shall there be registered two
or more brands of the same brand name with different guaranteed
analysis by the same manufacturer, dealer, or agent.