Chap. 390.-—An ACT to amend and re-enact sections 1110, 1111, 1112, and 1120
of the Code of Virginia, as heretofore amended, relating to fertilizers.

[H B 152]
Approved March 30, 1936

1. Be it enacted by the General Assembly of Virginia, That sections
eleven hundred and ten, eleven hundred and eleven, eleven hundred
and twelve and eleven hundred and twenty of the Code of Virginia,
as heretofore 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 Agri-
culture and Immigration of the State of Virginia, upon farms fur-
nished 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 minimum
percentages of total nitrogen, nitrogen in the form of nitrate (if
claimed), water insoluble nitrogen, available phosphoric acid and
available potash, together with the source of each of such constituents ;
expressed in whole units in mixed fertilizers except in the case of
nitrogen in the form of nitrate and water insoluble nitrogen; provided,
that the materials supplying nitrogen shall be divided into two classes,
namely, mineral and organic; and the percentage of nitrogen derived
from each of these classes shall be stated and guaranteed but allowing
a variation of one-fourth of one per centum for goods containing two
per centum of nitrogen or under, and a variation of one-third of one
per centum for goods containing more than two and not more than
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 any source of such constituents be changed, prompt notification
of such change shall be made to the Commissioner of Agriculture and
Immigration.
In mixed fertilizers branded for tobacco, the manufacturer, dealer
_ or agent shall, in the case of each brand, state in the application for
registration the maximum percentage of chlorine present.

The manufacturer, dealer or agent shall, in the case of each brand
of mixed fertilizer, state in the application for registration whether the
fertilizer is acid forming or non acid forming. A tolerance of fifty
pounds in terms of calcium carbonate per ton will be allowed.

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 all brands of fertilizer, or fertilizer material,
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.

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
package, 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
minimum percentages only. The following items and no other, shall
be branded or stamped on, or affixed to, the packages in the following
order, and the guaranteed analysis shall be expressed in whole units
for all ingredients in mixed fertilizers except in the case of nitrogen
in the form of nitrate, and water insoluble nitrogen.

Mixed Fertilizers :

First—Weight of package in pounds;

Second.—Brand name or trade mark ;

Third.—Guaranteed analysis ;

Fourth.—Total nitrogen—per centum ;

Fifth—Nitrogen in the form of nitrate (if claimed)—per centum ;

Sixth.—Water insoluble nitrogen—per centum ;

Seventh.—Available phosphoric acid—per centum ;

Eighth.—Available potash—per centum ;

Ninth.—Name and address of manufacturer.

In the case of mixed fertilizers branded for tobacco, the guaranteed
analysis shown on the package, or on tag attached thereto, shall in-
clude the maximum chlorine percentage registered with the Commis-
sioner of Agriculture and Immigration.

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 to be affixed to each package,
and where such tags are to be attached to packages containing mixed
fertilizers, the entire potash content of which is derived from the use
of sulphate of potash or sulphate of potash-magnesia, or both, the tag
shall be blue in color, and the source of the potash content shall be
stated thereon. Tags blue in color are hereby restricted for use only
in the case of fertilizers containing potash derived wholly from the
materials named herein.

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 statement of per centum of ammonia as it is equivalent
to the total per centum of nitrogen shall be discontinued.

The Commissioner of Agriculture and Immigration shall have
authority, with the approval of the Board of Agriculture, to prohibit
the sale of any fertilizer that contains any ingredient that is injurious
to plant growth.

Section 1112, No fertilizer manufacturer, dealer or agent, shall be
allowed to register or offer for sale any complete fertilizer, super-
phosphate with potash, superphosphate with nitrogen, or plain super-
phosphate, or ground raw rock phosphate or similar materials in this
State, which contains less than fourteen per centum of plant food;
namely, available phosphoric acid, nitrogen and potash, either singly
or in combination, provided, that in mixed fertilizers there shall not
be less than two per centum of potash and two per centum of nitrogen,
when one or both are present in the same mixture. This minimum
plant food requirement shall not apply to natural animal or vegetable
products not mixed with other materials.

Section 1120. (a) If the analysis of any fertilizers or fertilizer
material obtained in any of the beforementioned methods shall fall as
much as five (5%) per centum and not more than ten (10%) per
centum in value below the guarantee registered with the Commissioner
of Agriculture and Immigration, or branded on the package by the
manufacturer, dealer or agent in the total value of the sum of the
phosphoric acid, nitrogen and potash, or as much as twenty-five (25%)
per centum in value below the guarantee in either of these ingredients,
it shall be the duty of the said Commissioner to assess twice the value
of such deficiency against the manufacturer, dealer or agent who sold
such fertilizer; and if the fertilizer shall fall over ten (10%) per
centum in value below the guarantee registered with the said Com-
missioner or branded on the package by the manufacturer, dealer or
agent of the beforementioned ingredients, he shall assess five (5) times
the value of such deficiency against the manufacturer, dealer or agent
who sold such fertilizer, the above-mentioned assessments to be based
on the selling price of such fertilizer or fertilizer material; provided,
however, that in no case shall the aforesaid fine or penalty exceed the
value of said goods.

(b) If the analysis of any fertilizers shall show a deficiency in
either the mineral or organic nitrogen percentage registered with the
Commissioner of Agriculture and Immigration, or shown on the
package or on tag attached thereto by the manufacturer, dealer or
agent, in excess of the variation 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 term
“deficiency,” as used herein, is held to mean the full deficiency existing
between the guaranteed and found mineral or organic nitrogen content
in which the excessive deficiency occurs.

(c) Where there is a contract or agreement between a manufacturer
or dealer and a purchaser of fertilizer that the fertilizer will be manu-
factured 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.

(d) If the chlorine content of any lot of fertilizer branded for
tobacco, as found by official analysis, shall exceed the maximum per-
centage registered with the Commissioner of Agriculture and Immi-
gration or branded on the package, by more than twenty-five (25%)
per centum and not more than fifty (50%) 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 amounting to ten (10%) per centum of the value of the lot of
fertilizer from which the sample was taken. If the excess of chlorine
is more than fifty (50%) per centum and not more than one hundred
(100%) per centum, it shall be the duty of the Commissioner of Agri-
culture and Immigration to assess against the manufacturer, dealer or
agent who sold such fertilizer a penalty amounting to twenty (20%)
per centum of the value of the lot of fertilizer from which the sample
was taken. If the excess of chlorine is more than one hundred‘ (100% )
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 amounting to fifty (50%) per centum
of the value of the lot of fertilizer from which the sample was taken.

(e) Where the potash content of any fertilizer is claimed to be
derived wholly from sulphate of potash, or sulphate of potash-mag-
nesia, or from both, the maximum chlorine content shall not exceed one
(1%) per centum, and where such fertilizer is found by official analysis
to contain in excess of one (1%) per centum of chlorine, 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 amounting to the value of the guaranteed potash content.

(f) If the analysis of any fertilizers guaranteed to contain a mini-
mum of one (1%) per centum or less of nitrogen derived from nitrate,
or one (1%) per centum or less of water insoluble nitrogen, or one
(1%) per centum or less of both, shall fall as much as or more than
one-third below the guarantee in either or both of these constituents,
it shall be the duty of the Commissioner of Agriculture and Immigra-
tion to assess against the manufacturer, dealer or agent who sold such
fertilizer a penalty amounting to twice the value of such deficiency or
deficiencies ; and if the analysis of any fertilizers guaranteed to contain
a minimum of more than one (1%) per centum of either or both of the
said constituents shall fall as much as or more than one-fourth below
the guarantee in either or both of the said constituents, it shall be the
duty of the Commissioner of Agriculture and Immigration to assess
against the manufacturer, dealer or agent who soldisuch fertilizer a
penalty amounting to twice the value of such deficiency or deficiencies.

All penalties or assessments levied by the Commissioner of Agri-
culturejand Immigration under this section shall, within three months
from date of notice to manufacturer, dealer or agent, be paid to the
purchasers of such penalized lots of fertilizer, receipts taken therefor
and promptly forwarded to the Commissioner of Agriculture and Im-
migration. If said purchasers cannot be found, the amount of penalty
assessed shall be paid to the Commissioner of Agriculture and Immi-
gration, who shall deposit the same in the State treasury and report to
the State Comptroller, who shall credit the same to a special fund. Such
sums as shall thereafter be found to be payable to purchasers of lots of
fertilizers against which said penalties were assessed shall be paid
from said fund on order of the Commissioner of Agriculture and Immi-
gration. Any balance remaining in said fund for a period of two years
shall be transferred thereafter by the State Comptroller to the credit
of the General Fund of the Commonwealth.

The Commissioner of Agriculture and Immigration may seize any
fertilizer belonging to such manufacturer, dealer or agent, if the
assessment shall not be paid within three (3) months after such notice
to such manufacturer, dealer or agent has been given by the said Com-
missioner. The sums assessed by the Commissioner of Agriculture
and Immigration against any manufacturer, dealer or agent in fertil-
izers under the provisions of this chapter, shall, upon the request of
the parties entitled to receive such sums, be certified to the clerk of the
circuit court of the county, or the corporation court of the city in
which such manufacturer, dealer or agent resides or does business, and
thereupon the clerk of such circuit or corporation court shall enter the
same upon his judgment docket in the same manner that judgments
are entered, and shall index the same in the name of both parties. Said
certificate certified by the Commissioner shall contain the name of the
purchaser and of such manufacturer, dealer or agent, the amount of
such assessment and the date thereof, and the amount so assessed shall
carry legal interest from the date of such assessment until paid, and
shall be enforced in any manner that a judgment or decree may be
enforced.

And in addition thereto the Commissioner shall, where it is pos-
sible, seize the residue of said fertilizer from which said deficient
sample was drawn, if the same remains in the hands of such manu-
facturer, dealer or agent, and shall sell the same after advertising the
time, place and terms of sale, and the constituent elements of such
fertilizers, together with their percentages as hereinbefore required ;
and out of the proceeds of sale shall pay such sums as may have been
assessed for the benefit of any persons who have purchased portions
of such fertilizer, and the residue thereof, after deducting costs and
expenses of such proceedings, he shall pay over to such manufacturer,
dealer or agent,

Any person feeling himself aggrieved by an action of the Com-
missioner under this section, shall have the right within thirty days
from the date of the rendition of the decision of said Commissioner,
to appeal therefrom the State Board of Agriculture and Immigration
upon giving to the opposite party ten days’ notice of his intention to
appeal.

Amended sections eleven hundred and ten, eleven hundred and
eleven, eleven hundred and twelve and eleven hundred and twenty shall
become effective January first, nineteen hundred and thirty-seven.