Chap. 460.—An ACT to amend and re-enact sections 1110 and 1111 of the Code
of Virginia, as amended, relating to fertilizers and fertilizer material.

[H B 332]
Approved March 26, 1928

1. Be it enacted by the general assembly of Virginia, That sections
eleven hundred and ten and eleven hundred and eleven, 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 de-
sire 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 material, 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 manufacturers, the weight
of the package, and the guaranteed analysis thereof, stating the mini-
mum 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
percentage of nitrogen derived from either of these classes shall be
stated and guaranteed but allowing a variation of one-fourth of one
per cent for goods containing two per cent of nitrogen or under, and
a variation of one-third of one per cent for goods containing two to
three per cent of nitrogen, and a variation of one-half of one per cent
for goods containing over three per cent of nitrogen. 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 registra-
tion 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
quinquennial registration of brands of fertilizer, or fertilizer mate-
rials, 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 all brands of fertilizer, or fertilizer
material, offered for registration between the effective date and expira-
tion date of any quinquennia! 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.

Section 1111. All manufacturers, dealers or agents before selling
or offering for sale, in this State, any commercial fertilizers, or fer-
tilizer material, shall brand on, or attach to, each bag, barrel, or pack-
age, the brand name of the fertilizer, the weight of the package, the
name and address of the manufacturer, and the guaranteed analysis of
the fertilizer, giving the valuable constituents of said fertilizer in mini-
mum percentages only, and the source of each of such constituents.
The following items, and no others, shall be branded or stamped on,
or affixed to, the packages in the following order:

First. Weight of package in pounds;

Second. Brand name or trade mark;

Third. Guaranteed analysis;

Fourth. Available phosphoric acid........ per centum;

Fifth. Water soluble nitrogen........ per centum;

Sixth. Total nitrogen........ per centum;

Seventh. Available potash........ per centum;

Eighth. Name and address of the manufacturer.

The sources of phosphoric acid, potash and nitrogen, together with
the percentage of nitrogen derived from each of the two classes of
material, namely, mineral and organic, as provided in section eleven
hundred and ten, shall be printed on tags afixed to each package, and
where the entire potash content is derived from the use of sulphate
of potash, the source tag shall be blue in color, and source tags of
this color can be used only on fertilizers containing potash derived
solely from sulphate of potash.

The brand name or trade mark and the guaranteed analysis thereof
branded or stamped on, or affixed to, the package as above provided,
shall agree and correspond in every particular to the brand name or
trade mark and the guaranteed analysis registered with the commis-
sioner. The per centum of ammonia as it is equivalent to the total
per centum of nitrogen may be branded on the package if desired.

And where there is a contract of agreement between a manufac-
turer or dealer and a purchaser of fertilizer that the fertilizer will be
manufactured by the use of certain definite sources, the fertilizer must
be manufactured from those materials without the substitution of other
materials, and failure on the part of the manufacturer to comply with
this requirement, the manufacturer shall be liable to the purchaser for
damages amounting to twice the value of the material or materials
that were agreed to be used in the contract, and the commissioner of
agriculture and immigration is hereby authorized to assess against
the manufacturer, dealer or agent a penalty amounting to twice the
value of the material or materials that were agreed to be used in the
contract, said penalty to be paid to the purchasers of said fertilizer
within three months after date of notice of such assessment to the
manufacturer, dealer or agent: except that where potash is claimed
as sulphate, whether covered by contract of agreement or not, if the
mixed fertilizer which is claimed to contain sulphate of potash 1s
found by test to contain chlorine or chlorides in excess of one (1)
per centum, it shall be the duty of the commissioner of agriculture
and immigration to assess against the manufacturer, dealer or agent
who sold such fertilizer a penalty equal to the value of the guaranteed
potash constituent, said penalty to be paid to the purchasers of such
fertilizer. and if the purchasers cannot be found the amount of pen-
alty shall be paid to the commissioner of agriculture and immigration.

The commissioner of agriculture and immigration shall have
authority, with the approval of the board to prohibit the sale of any
fertilizer that contains any ingredient that is injurious to plant growth.
The provisions of act shall not become effective until January first,
nineteen hundred and twenty-nine.