CHAPTER 187

An Act to amend the Code of Virginia by adding in Title 3 a chapter
numbered 13.2, containing sections numbered $-228.18 through 8-
228.22, relating to the regulation of sale, offering or exposing for
sale of turfgrass sod, turfgrass plugs and turfgrass sprigs. S118

Approved March 31, 1966

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Title 8 a chapte)
numbered 13.2 containing sections numbered 3-228.13 through 3-228.2%

as follows:
Chapter 13.2

§ 3-228.13. The following definitions shall apply in the interpreta:
tion and enforcement of this chapter.

(1) “Person” includes any individual, partnership, corporation
company, society or association.

(2) “Board” means the Board of Agriculture and Immigration of
Virginia.

(3) “Commissioner” means the Commissioner of Agriculture and
Immigration of Virginia.

(4) “Turfgrass” includes one or more kinds of plant species usec
for lawns, recreational areas and other turfed areas. The kinds of grasses
or legumes used as turfgrass may be classed as fine-textured or coarse
kinds as specified by rules and regulations promulgated pursuant to the
provisions of this chapter.

(5) “Turfgrass sod” means a strip or section of turfgrass used for
vegetative planting.

(6) “Turfgrass plug’ means a small section cut from turfgrass sod
of those kinds of turfgrasses normally vegetatively propagated such as
ZOysia grass.

(7) “Turfgrass sprig’ means a section of a stolon or rhizome from
those kinds of perennial turfgrasses such as Bermuda grass.

(8) “Sod” means turfgrass sod, turfgrass plugs, or turfgrass sprigs.

(9) “Advertisement” means all representation disseminated in any
manner or by any means relating to sod within the scope of this chapter.

(10) ‘‘Kind” means one or more related species or subspecies which
singly or collectively is known by one common name; for example, Ken-
tucky Bluegrass, Redtop, White Clover, etc.

(11) “Variety” means a subdivision of a kind characterized by
growth, plant, fruit, seed, or other characters by which it can be differen-
tiated from other plants of the same kind; for example, Merion Kentucky
Bluegrass, Illihee Red Fescue, etc.

(12) “Mixture” means sod consisting of more than one kind or va-
riety, when claimed or present, in excess of a per centum of the whole
as specified by rules and regulations promulgated pursuant to the pro-
visions of this chapter.

(13) ‘Weeds” include the plants, bulblets or tubers of all plants
generally recognized as weeds within the State and include noxious weeds.

(14) “Noxious weeds” are divided into two classes:

(a) “Prohibited noxious weeds” are weeds which, when established,

are highly destructive and are not controlled in this State by cultural
practices commonly used; such weeds to be specified by rules and regula-
‘ions promulgated pursuant to the provisions of this chapter.
_ _(b) “Restricted noxious weeds” are the weeds which are very ob-
jectionable in fields, lawns and gardens in this State and are difficult to
control by cultural practices commonly used; such weeds to be specified
Sates and regulations promulgated pursuant to the provisions of this
: r

(15) “Origin” means the state of the United States, or the foreign
country, or designated portion thereof, where the sod was grown. :
(16) “Labeling” includes all labels and other written, printed or
graphic representations, in any form whatsoever, accompanying or per-
taining to any sod and includes representations on invoices and bills of
lading

(17) “Lot” means a definite quantity of sod, identified by a lot num-
ber or other identification, which is uniform throughout for the factors
which appear on the label.

(18) “Certified sod,” “registered sod,” or “foundation sod’, means
sod that has been produced and labeled in accordance with the procedures
and in compliance with the requirements of an official certifying agency.

(19) “Official certifying agency” means an agency recognized and
designated as certifying agency by the laws of a state, the United
States, a province of Canada, or the government of a foreign country
wherein the sod was produced.

(20) “Sale”? means the transfer of ownership of sod, evidenced by
exchange of payment or of sod, in whole, or in part.

(21) “Tolerance” means the allowable deviation established by the
Board under rules and regulations from any figure used on a label.

(22) “Brand” means the name, term, design or trademark under
which any person offers sod for sale.

§ 3-228.14. (A) Every lot of sod or mixture which is sold, exposed
or offered for sale or advertised within this State for planting purposes
shall bear thereon or be accompanied with, at the time of sale, written
information setting forth the kind or mixture, variety if known, texture as
fine or coarse, origin, net measure or count or size, together with the name
of the person selling such sod or mixture. Provided, however, if the kind
or mixture is not known, that fact shall be so stated. The Board is hereby
authorized to adopt, amend and repeal, from time to time, such rules and
regulations pertaining to the information requirements set forth herein.

(B) The provisions of this section shall not apply to a sale between a
person growing sod or mixture and a person purchasing such sod or
mixture for the purpose of resale, nor to any sale of unsevered sod.

§ 3-228.15. It shall be unlawful for any person:

(A) To sell, expose or offer for sale or advertise within this State
for planting purposes, any lot of sod or mixture (1) which does not bear
thereon or is not accompanied with the information required in § 3-228.14,
or (2) which bears thereon or is accompanied with any written information
which is false or misleading, or (8) which has been altered in any manner
so as not to be properly represented by the labeling thereon, or (4) which
is represented to be certified sod, registered sod, or foundation sod, unless
it has been produced, processed and labeled in accordance with the pro-
cedures and in compliance with rules and regulations of an officially recog-
nized certifying agency.

( To fail to comply with any stop sale order issued pursuant to
this chapter, or to otherwise hinder the Commissioner in carrying out the
duties specified in this chapter.

§ 3-228.16. No person shall be subject to the penalties of this chap-
ter for having advertised, sold, offered or exposed for sale in this State
any sod or mixture in violation of § 8-228.15, if he shall have obtained
from his supplier an invoice, grower’s declaration or other labeling in-
formation relating to such sod or mixture and, after having taken such
precautions as may be reasonable to insure their veracity, shall have relied
in good faith upon statements made or contained in such invoice, grower’s
declaration or labeling information in advertising, selling, offering or ex-
posing for sale such sod or mixture.

§ 3-228.17. (A) The duty of enforcing this chapter and carrying
out its provisions and requirements is vested in the Commissioner. It is
the duty of such officer, who may act through his authorized agents:

(1) To sample, inspect, analyze, and test turfgrass sod, plugs, sprigs
and mixtures of such sod, plugs or sprigs transported, sold, offered or
exposed for sale within this State for planting purposes at reasonable
times and places to such extent as he may deem necessary to determine
whether such sod, plugs, sprigs, and mixtures are in compliance with the
provisions of this chapter, and if such sod, plugs, sprigs or mixtures are
found not to be in compliance with the provisions of this chapter, to notify
promptly the person who transported, sold, offered or exposed the sod,
plugs, sprigs or mixtures for sale, or who otherwise violated any of the
provisions of this chapter.

(2) To prepare and publish in the rules and regulations a list of
the kinds of turfgrasses which are subject to the provisions of this chapter.

(B) Further, for the purpose of carrying out the provisions of this
chapter the Commissioner, through his authorized agents, is authorized:

(1) To enter at reasonable hours into any truck, car, warehouse,
store, building, or place containing sod in order to have access to turf-
grass sod, plugs, sprigs, and mixtures of such sod, and records connected
therewith, subject to this chapter and rules and regulations promulgated
thereunder.

(2) To issue and enforce a written or printed “stop sale” order to
the owner or custodian of any lot of turfgrass sod, plugs, sprigs, or mix-
tures of such sod until the Commissioner has evidence that the law has
been complied with.

(3) To establish and maintain or make provisions for testing facili-
ties, to employ qualified persons, and to incur such expenses, including
those incurred in the purchase of ‘turfgrass sod, plugs, sprigs, or mixtures
of such sod, as may be necessary.

(4) To publish the results of analyses, tests, examination, studies,
and investigations made as authorized by this chapter, together with any
other information he may deem advisable.

§ 3-228.18. The Board of Agriculture and Immigration is authorized:

(1) To prescribe and adopt rules and regulations governing (a)
methods of sampling, (b) methods of inspection, (c) methods of testing
turfgrass sod, plugs and sprigs and mixtures of sod, (d) the establish-
ment of tolerances to be followed in the administration of this chapter,
which shall be in general accord with officially prescribed practices in
interstate commerce; and to adopt other such rules and regulations as may
be necessary to secure the efficient enforcement of this chapter.

To prescribe and establish, add to or subtract therefrom, by
rules and regulations, prohibited and restricted noxious-weed lists.

3-228.19. Any lot of turfgrass sod, sod mixtures, plugs or sprigs
being transported, sold, exposed for sale, offered for sale, or held with
intent to sell in this State contrary to the provisions of this chapter shall
be subject to seizure on complaint of the Commissioner to a court of com-
petent jurisdiction in the county or city in which the turfgrass sod, plugs
or sprigs or mixtures of same are located. In the event the court finds
the turfgrass sod, plugs, sprigs or mixtures of same to be in violation of
the provisions of this chapter and orders the condemnation thereof, such
turfgrass sod, plugs, sprigs or mixtures of same shall be denatured, de-
stroyed, relabeled, or otherwise disposed of in compliance with the laws
of this State; provided, that in no instance shall such disposition of the
turfgrass sod, plugs, sprigs or mixtures of same be ordered by the court
without first having given the claimant an opportunity to apply to the
court for the release of the turfgrass sod, plugs, sprigs or mixtures of
same, or permissior given to relabel to bring them into compliance with
the provisions of this chapter.

§ 3-228.20. Every Violation of the provisions of this chapter shall
ee eetiee a misdemeanor punishable as provided by § 18.1-9 of the Code
of Virginia.

§ 3-228.21. Whenever the Commissioner has reason to believe there
has been any violation of the provisions of this chapter or of any rule
or regulation promulgated pursuant thereto, he shall immediately give
notice in writing to the person in whose hands such turfgrass sod, plugs,
sprigs, or mixtures of same, are found and to the owner or shipper of
the turfgrass, sending a copy of such notice to the person responsible for
the label. Any party so notified shall be given an opportunity to be heard
by the Commissioner or his authorized agent. If it appears after proper
hearing, or without such hearing in the event the person fails or refuses
to appear, that the evidence warrants prosecution, the Commissioner shall
certify the facts to the attorney for the Commonwealth in the county or
city in which the violation occurred and furnish him with a copy of the
results of the inspection of such turfgrass sod, plugs, sprigs, or mixtures
of sod, duly authenticated by the inspector making such inspection, under
the oath of such inspector. It shall be the duty of such attorney for the
Commonwealth of such county or city to prosecute any case involving the
violation of any provision of this chapter or of any rule or regulation
promulgated as herein provided when requested to do so by the Com-
missioner.

Nothing in this section shall be construed as requiring the Commis-
sioner to report for the institution of proceedings under this chapter
violations whenever he believes that the public interest will be adequately
served by a suitable written notice or warning to the alleged violator.

§ 8-228.22. This chapter may be cited as the “Virginia Sod Law.”