CHAPTER 15

AN ACT to amend and reenact §§ 3-82, 3-83, 3-89, 3-95, and 3-116,
of the Code of Virginia of 1950, concerning the registration of
commercial fertilizers, and providing a new method for paying
inspection fees.

[S 12]

Approved February 13, 1950

Be it enacted by the General Assembly of Virginia:

1. That §§ 3-82, 3-83, 3-89, 3-95, and 3-116 of the Code of Virginia
of 1950 be amended and reenacted as follows:

§ 3-82. Registration of commercial fertilizers.——All manufac-
turers, dealers, or agents who may desire to sell or offer for sale
hereafter in this State any fertilizer or fertilizer material, shall
register annually with the Commissioner, upon forms furnished
by the Commissioner, the name of each brand of fertilizer or fer-
tilizer 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.

§ 3-83. What guaranteed analysis to state—The guaranteed
analysis shall state the minimum percentages of total nitrogen;
nitrogen in the form of nitrate (if claimed), which shall not be
less than one-half of one per centum; water insoluble nitrogen;
available phosphoric acid; available potash; and total magnesium
oxide, if claimed; however, all Tobacco Fertilizers shall contain a
minimum of two per cent magnesium oride; * borax, if claimed *
shall be guaranteed in terms of borax per ton of fertilizer in in-
crements of five, ten, and twenty pounds, and multiples of twenty
pounds per ton of fertilizer, the guarantee shall be considered both
a minimum and maximum guarantee, * together with the source
of each such constituents, * expressed in whole units in mixed
fertilizers except in the case of nitrogen in the form of nitrate and
water insoluble nitrogen. Additional minor plant food materials,
determinable by chemical control methods, may be guaranteed only
by permission of the Commissioner, with the approval of the Board.
When such additional plant food elements or compounds are in-
cluded in the guarantee, they shall be subject to inspection and
analysis in accordance with the approved methods of analysis of
the Association of Official Agricultural Chemists.

If any source of such constituents be changed, prompt notifi-
cation of such change shall be made to the Commissioner.

In mixed fertilizers branded for tobacco, the manufacturer,
dealer or agent shall, in the case of each brand, state in the appli-
cation for registration the maximum percentage of chlorine present.

The manufacturer, dealer or agent shall, in the case of each
brand of mixed fertilizers, state in the application for registration
whether the fertilizer is acid forming or non-acid forming. The
potential basicity or acidity shall be expressed as equivalent of
calcium carbonate in multiples of five per cent (or one hundred
pounds per ton) only. A tolerance of one hundred pounds in terms
of calcium carbonate per ton will be allowed.

The manufacturer, dealer or agent may, if he so desires, file
application for registration of open formula fertilizers. The term
“open formula” as herein used shall mean fertilizer to which are
attached tags showing the name of materials used and the quan-
tity of each per ton in compounding the same.

§3-89. * * * Fertilizer inspection fee—All manufacturers who
sell and offer for sale in Virginia any complete fertilizer or ferti-
lizer matertal shall pay to the Treasurer of Virginia the sum of
twenty cents per short ton of fertilizer or fertilizer material, as
fotlows. Each manufacturer, dealer or agent shall make applica-
tion to the Commissioner for a permit to report the tonnage of
fertilizer or material sold, in accordance with which report the in-
spection fee shall be paid. The Commissioner shall grant such per-
mit and allow proper credit for any tar tags-or stamps on hand
in. possession of the indiridual, firm or company requesting the
permit.

No permit shall be issucd unless the applicant uses a system of
keeping books that is satisfactory to the Commissioner, indicates
accurately in his records the tonnage of fertilizer and materials
sold in the State, and agrees to allow the Commissioner, or his duly
authorized representatire, to eramine such records and verify the
tonnage statement. The report shall be under oath, on forms fur-
nished by the Commissioner, and shall be filed in the office of the
Commisstoner.

The report of tonnage and inspection fee shall be due and pay-
able quarterly on the first day of April, the first day of July, the
first day of October and the first day of January, covering tonnage
and grades of commercial fertilizer and fertilizer material sold
during the preceding months. If the report is not filed and the
inspection fee paid by the tenth day following due date, or if the
report of tonnage is false, the Commissioner may revoke the per-
mit, and if the inspection fee be unpaid after a fifteen day grace
period, the amount shall bear a penalty of ten per cent which shall
be added to the inspection fee due and shall constitute a debt and
become the basis of judgment against the securities or bonds which
shall be required.

In order to guarantee faithful performance, each manufacturer
shall, before being granted a permit, deposit with the Commissioner
cash tn the amount of one thousand dollars or shall deposit with
the Commissioner a surety bond in like amount, erecuted by some
corporate surety company, qualified and authorized to do business
in Virginia.

§ 3-95. Penalties for violation of chapter.—Any manufacturer,
dealer or agent who shall sell, or offer for sale, in this State, any
fertilizer or fertilizer material which has not been previously regis-
tered with the Commissioner, or which has not been branded or
tagged as hereinbefore provided, * or any person who shall receive
or remove any * fertilizer * which has not been branded as pro-
vided for in this chapter, shall be guilty of a misdemeanor, and
subject to a fine or forfeiture of not less than twenty-five dollars
nor more than two hundred dollars for each and every offense,
when prosecuted to conviction in the manner now provided by law
in prosecutions for violation of the revenue laws of this State.

§ 3-116. Shipment of fertilizer in bulk.—Nor shall this chap-
ter prevent the shipment of fertilizer in bulk; provided * the seller
accompanies each such shipment with a statement, showing the
number of tons or weight in the said shipment, the name and
address of the consignee, the brand name and guaranteed analysis
and the name and address of the manufacturer. * The inroice
covering such shipments shall, likewise, contain the same informa-
tion as that outlined abore, All bulk shipments shall he subject
to such rules and regulations as may be prescribed by the Com-
missioner and approved by the Board.
>». This act shall become effective on January one, nineteen hun-

dred fifty-one.