Chap. 160.—An ACT to amend and re-enact Sections 1132, 1133, 1134, as hereto-
fore amended, 1135, 1136 and 1137 of the Code of Virginia, relating to the
registration, inspection, analysis, offering for sale and sale of agricultural lime
so as, among other purposes, to make the same applicable to liming materials.

[H B 128]
Approved March 8, 1940

1. Beit enacted by the General Assembly of Virginia, That sec-
tions eleven hundred and thirty-two, eleven hundred and thirty-three,
eleven hundred and thirty-four, as heretofore amended, eleven hundred
and thirty-five, eleven hundred and thirty-six and eleven hundred and
thirty-seven of the Code of Virginia be amended and re-enacted so as
to read as follows:

Section 1132. Agricultural liming materials; name of brand,
manufacturer, weight and analysis of packages to be registered, etc.,
effect of statement as to analysis, etc.—All manufacturers, dealers or
agents who may desire to sell or offer for sale in the State of Virginia
any agricultural liming material, or agricultural liming material with
potash, shall be required to register annually with the Commissioner
of Agriculture and Immigration of this State, upon forms furnished
by the said Commissioner, the name of each brand of agricultural
liming material, or agricultural liming material with potash, which
they may desire to sell or offer for sale in this State, either by them-
selves or their agents, together with the name and address of the
manufacturer, the weight of the bag, barrel or package, and the
guaranteed analysis thereof. Every such analysis shall state (1) the
minimum percentage of oxide of calcium and oxide of magnesia in
burned lime or hydrated lime; (2) the minimum percentage of calcium
carbonate and magnesium carbonate in all forms of unburned liming
materials; (3) the minimum percentage of calcium carbonate, mag-
nesium carbonate, oxide of calcium and oxide of magnesia in all
mixtures of both burned and unburned forms of liming materials; (4)
the minimum percentage of oxide of calcium and oxide of magnesia
and available potash in all brands of burned liming material with
potash; (5) the minimum percentage of calcium carbonate and mag-
nesium carbonate and available potash in all brands of unburned
liming material with potash; (6) the minimum percentage of calcium
carbonate, magnesium carbonate, oxide of calcium, oxide of magnesia
and available potash in all mixtures of both burned and unburned
forms of liming materials with potash; and (7) in the case of each
brand of agricultural liming material or agricultural liming material
with potash offered for registration, the source of the liming material
or potash or both where both are present in the same brand. The
foregoing statements when registered with the Commissioner of
Agriculture and Immigration shall be regarded as constituting a
guarantee to the purchaser that each package contains not less than
the minimum percentage of the chemical elements and compounds as
stated.

In the case of mixtures of burned and unburned liming materials
and mixtures of burned and unburned liming materials with potash,
these shall be branded or labeled as specified in Section eleven hundred
and thirty-three, except in lieu of the statement required by this
section as to whether the liming material is burned or unburned, the
word ‘“‘mixture’”’ and the name of the sources from which the said mix-
ture is derived shall be used. The aforesaid word “‘mixture’’ and the
name of the sources shall be in the same size type specified in Section
eleven hundred and thirty-three for burned or unburned liming
materials and all other provisions of this section shall apply. The
word “‘lime’’, as used in this section, is specifically restricted to
calcined liming materials, and it shall not be permissible to use the
said term anywhere on a bag or package containing liming materials,
or liming materials with potash, or a tag attached to the same if the
contents of such bag or package is not a calcined liming material.

There shall be plainly stated on the said registration form, opposite
the name of each brand offered for registration, whether the brand is
burned or unburned liming material.

Section 1133. Agricultural liming materials to be branded; what
brand to contain and how attached.—All manufacturers, dealers or
agents, before selling or offering for sale in this State any agricultural
liming material, or agricultural liming material with potash, shall
brand on, or attach to, each bag, barrel or package, the brand name of
the agricultural liming material, or agricultural liming material with
potash, the weight of the package, the name and address of the
manufacturer, and the guaranteed analysis of said agricultural liming
material or agricultural liming material with potash, stating the
minimum percentages as provided for in the preceding section, and
shall also state immediately under the brand name, or in very close
proximity thereto, whether the liming material is burned or unburned.
The letters of the words used to indicate whether such material is
burned or unburned shall be of the same size as those used in the brand
name, except where the smallest letters used in the brand name are
two inches or more in height in which case the letters of the words used
to indicate whether such material is burned or unburned shall be at
least one-half as large as the largest letters used in the brand name;
provided, however, that no such statement as to whether the material
is burned or unburned shall be required where any one of the following
words is used as a part of the brand name, namely, “‘burned’’, “‘burnt’’,
‘“‘unburned’’, or ‘‘unburnt’’.

In the case of bulk agricultural liming material or agricultural
liming materials with potash, the manufacturer shall attach to his
invoice the guaranteed analysis as herein provided for, and shall also
state thereon whether the liming material is burned, unburned or a
mixture of burned and unburned liming materials.

Section 1134. Registration fee; certificate of commissioner; pen-
alty for violating section.—All manufacturers, dealers or agents
proposing to manufacture or to sell, or both to manufacture and to
sell, agricultural liming materials, or agricultural liming materials
with potash, in this State shall annually pay to the Commissioner of
Agriculture and Immigration of the State of Virginia a registration
fee of ten dollars for each brand of agricultural liming material regis-
tered with the said Commissioner, and shall annually pay to the
Commissioner of Agriculture and Immigration of the State of Vir-
ginia a registration fee of five dollars for each brand of agricultural
liming material with potash registered with the said Commissioner,
and the fee in each instance shall accompany the said registration
form. The funds arising therefrom shall be paid into the State
treasury to the credit of the general fund of the Commonwealth.

The said Commissioner, upon receipt of said registration form
properly filled out and the fee aforesaid, shall issue a certificate
stating that the said manufacturer has complied with the provisions
of this chapter. The said certificate, when furnished, shall authorize
the party receiving the same to manufacture for sale in this State,
or sell in this State, directly or through dealers or agents, the brands
named in said certificate. Any person, who shall manufacture, sell
or offer for sale any agricultural liming material, with or without
potash, without having first registered each brand of agricultural
liming material and agricultural liming material with potash manu-
factured, sold or offered for sale by him, as required by section eleven
hundred and thirty-two and without having received the certificate
aforesaid, from year to year annually, except dealers and agents
selling or offering for sale agricultural liming materials or agricultural
liming materials with potash, on which the certificate has been issued
to the manufacturer as hereinbefore provided, shall be deemed guilty
of a misdemeanor and punishable by a fine of not more than one
hundred dollars. The Commissioner of Agriculture and Immigration
may cause to be seized and held any lot of agricultural liming material
or agricultural liming material with potash found to violate any of
the provisions of this chapter until the law has been complied with
or said violation otherwise disposed of.

The Commissioner of Agriculture and Immigration shall have the
authority to cancel or revoke any registration, and to prohibit the
registration and sale of agricultural liming materials and agricultural
liming materials with potash, which have a misleading or deceptive
trade mark or brand name, or carry exaggerated claims, or contain
materials deleterious to soil or injurious to growing plants. In the
event of the cancellation of any registration for any of the reasons
mentioned herein, no refund of the registration fee shall be made by
the said Commissioner.

Nothing in this chapter shall be construed to restrict and avoid
the sale of any agricultural liming materials, or agricultural liming
materials with potash, to each other by manipulators, importers or
manufacturers who handle agricultural liming materials or agri-
cultural liming materials with potash for sale, or as preventing the
free and unrestricted shipment of materials to manufacturers or
manipulators who have registered their brands as required by the
provisions of this chapter.

All manufacturers, dealers or agents who have registered brands
of agricultural liming materials with potash in compliance with this
chapter shall secure from the Commissioner of Agriculture and Immi-
gration tax tags upon the payment of twenty cents per ton as an
inspection fee, one of which tags of correct denomination shall be
attached to each bag or package of liming material with potash.
The presence of the aforesaid tax tag on the bag or package shall be
prima facie evidence that the seller has complied with the tax tag
requirements of this chapter. In the case of shipments in bulk of
agricultural liming materials with potash, the seller shall, at the
time of each such shipment, forward to the Commissioner of Agricul-
ture and Immigration, for cancellation tax tags in payment of the
inspection fee of twenty cents per ton on such bulk shipment. The
tax tags to be furnished by said Commissioner shall be the same as
used for fertilizer and subject to the same rules and conditions under
which fertilizer tax tags are furnished. The money received from
the sale of said tax tags shall be paid into the State treasury to the
credit of the general fund.

Section 1135. Duties of commissioner; rules and regulations; in-
spections; publication —The Commissioner of Agriculture and Immi-
gration is hereby charged with the enforcement and carrying out of
the provisions of this chapter, and shall have full control of the
inspection and analysis of agricultural liming materials and agricul-
tural liming materials with potash. He shall, by and with the ap-
proval of the Board of Agriculture and Immigration, adopt all needful
rules and regulations for carrying out the requirements of this chapter,
and is herein empowered to establish, by and with the approval of
the Board of Agriculture and Immigration, screen test standards
for the various agricultural liming materials and agricultural liming
materials with potash sold or offered for sale in this State, if and when
such standards are deemed to be necessary.

The said Commissioner shall require the inspectors of fertilizers
to collect fair samples of all brands of agricultural liming materials
and agricultural liming materials with potash offered for sale in
this State, and to perform such other duties as may be necessary.
Such samples shall be analyzed by a chemist of the Department of
Agriculture and Immigration of the State of Virginia and the results
of such analysis, along with any other information he may deem
advisable, shall be published in the bulletins along with the analysis
of fertilizers. Said inspectors shall not receive any additional com-
pensation for the performance of the duties required by this section.

Section 1136. Samples of agricultural liming materials to be
drawn at request of purchaser; how analyzed; copies furnished;
analysis as evidence.—Every person who sells agricultural liming
materials, or agricultural liming materials with potash, shall, upon
the request of the purchaser, draw a fair sample of the same at the
time of its delivery from unbroken packages in the presence of the
purchaser or his agent, or, if the seller is not present when the agri-
cultural liming material or agricultural liming material with potash
is delivered to the purchaser, then any qualified justice or notary
public shall, in the presence of the purchaser or his agent draw from
the same a fair and correct sample. The justice or notary public
shall be entitled to receive a fee of twenty-five cents for each such
service, which fee shall be paid by the purchaser. The sample when
drawn shall, in the presence of both parties, be put in a glass or tin
vessel and securely sealed, and a certificate placed with it, signed by
both parties, certifying that the sample is a fair and correct one, and
the vessel shall then be packed and forwarded to the Commissioner
of Agriculture and Immigration. The said Commissioner, after
having the sample analyzed, shall forward the analysis to the seller
and purchaser of said agricultural liming material or agricultural
liming material with potash. A certified copy of the analysis shall
be admissible as prima facie evidence in any court of this State on
the trial of any proceedings involving the merits of such agricultural
liming material or agricultural liming material with potash.

Section 1137. Deficiency shown by analysis; how penalized;
failure to pay penalty; how enforced.—If the analysis of any agri-
cultural liming material, or agricultural liming material with potash,
obtained in any of the hereinabove mentioned methods, shall fall as
much as or more than ten per centum in value below the value of
the manufacturer’s guarantee, the Commissioner of Agriculture and
Immigration shall assess twice the value of such deficiency against
the manufacturer, dealer or agent who sold such agricultural liming
material or agricultural liming material with potash; provided, that
in the case of agricultural liming material with potash, if such material
is found to be deficient as much as or more than ten per centum in
both the liming and potash guarantees, the said Commissioner shall
assess twice the value of the deficiency in both such liming material
and potash against the manufacturer, dealer or agent who sold such
agricultural liming material with potash.

Said assessment shall be based upon the selling price of such
agricultural liming material, or agricultural liming material with
potash, and the said Commissioner shall require the manufacturer,
dealer or agent to make good such assessment to all persons who
purchased such lot of agricultural liming material, or agricultural
liming material with potash, from which such deficient sample or
samples were drawn, take receipt therefor and forward same promptly
to the said Commissioner. If the purchaser or purchasers can not
be found, the amount of such assessment shall be paid to the Com-
missioner of Agriculture and Immigration 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 agricultural liming ma-
terials or agricultural liming materials with potash, against which
said penalties were assessed, shall be paid from the said fund to the
persons respectively entitled thereto, on warrants of the Comptroller
issued upon vouchers signed by the Commissioner of Agriculture and
Immigration, or by such other person as may be designated by him
for the purpose. Any funds remaining in the said fund for a period
of two years and not claimed shall be transferred by the Comptroller
to the credit of the general fund.

The said Commissioner may seize any agricultural liming material,
or agricultural liming material with potash, belonging to such manu-
facturer, dealer or agent, if the assessment shall not be paid within
three months after notice to such manufacturer, dealer or agent has
been given by said Commissioner.