Chap. 127.—An ACT to amend and re-enact sections 1110, 1111 and 1120 of
the Code of Virginia, as amended by an act approved March 4, 1920, in
relation to fertilizers and fertilizer material. [S B 158]

Approved March 9, 1926.

1. Be it enacted by the general assembly of Virginia, That sec-
tions eleven hundred and ten, eleven hundred and eleven, and eleven
hundred and twenty of the Code of Virginia, as amended by an act
approved March fourth, nineteen hundred and twenty, be further
amended and re-enacted so as to read as follows:

Section 1110. Registration of brands, etcetera.—All manufac-
turers, dealers or agents who may desire to sell or offer for sale here-
after in this State, any fertilizer or fertilizer material shall register
quinquennially with the commissioner of agriculture and immigra-
tion of the State of Virginia, upon forms furnished by said commis-
sioner 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 them-
selves or their agents, together with the name and address of the man-
ufacturer or manufacturers, the weight of the package, and the guar-
anteed analysis thereof, stating the minimum percentage of available
phosphoric acid, water soluble nitrogen, total nitrogen, and available
potash, together with the source of each of such constituents. 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 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 dol-
lars 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. How bags, etcetera, of fertilizer branded.—All
manufacturers, dealers or agents before selling or offering for sale, in
this State, any commercial fertilizers, or fertilizer 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, and the source of each of such constituents. The following
items, and no other, shall be branded or stamped on, or afthxed 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..................004. per centum;
Seventh—Available potash................... per centum;

Eighth. Name and address of the manufacturer.

(The source of phosphoric acid, nitrogen and potash shall be
printed on tags afhxed 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
commissioner. 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 ma-
terial 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 agréed 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
1926. | ACTS OF ASSEMBLY. 129

claimed as sulphate, whether covered by contract of agreement or
not, if the mixed fertilizer which is claimed to contain sulphate of
potash is found by test to contain chlorine as chlorides in excess of
one (1) 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 equal to the value of the
cuaranteed potash constituent, said penalty to be paid to the pur-
chasers of such fertilizer, and if the purchasers cannot be found the
amount of penalty shall be paid to the commissioner of agriculture
and immigration. ,

The commissioner of agriculture and immigration shall have auth-
ority, with the approval of the board, to prohibit the sale of any fer-
tilizer that contains any ingredient that is injurious to plant growth.

Section 1120. Fine for deficiency in plant food in fertilizer; seiz-
ure and sale of fertilizer —If the analysis of any fertilizers or fertilizer
material obtained in any of the before mentioned 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 agri-
culture and immigration, or branded on the package by the manufac-
turer, 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
he the duty of the said commissioner to assess twice the value of such
dehciency against the manufacturer, dealer or agent who sold suct
fertilizer, and if the fertilizer shall fall over ten (10) per centum ir
value below the guarantee registered with the said commissioner o:
branded on the package by the manufacturer, dealer or agent of th
hefore mentioned ingredients, he shall assess five (5) times the valu
it such deficiency against the manufacturer, dealer or agent who sol«
uch fertilizer, the above mentioned assessments to be based on th

e paid within three (3) months after such notice to such manufa’

‘urer, dealer or agent has been given by the said commissioncr- Go

s un er
be = en

f the county or the corporation court of the city! heretpo” von
acturer, dealer or agent resides or does business. and he same uP,
lerk of such circuit or corporation court shall enter tare ent

ris judgment docket in the same manner that judgm®
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 assess-
ment 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 thata judgment c or decree may be enforced.

And in addition thereto the commissioner shall, where it is possi-
ble, seize the residue of said fertilizer from which said deficient sam-
ples were drawn, if the same remains in the hands of such manufac-
turer, dealer or agent, and shall sell the same after advertising the
time, place and terms of sale, and the constituent elements of such
fertilizer, 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 commis-
sioner 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 to the State board of agriculture and immigration
upon giving to the opposite party ten days’ notice of his intention to
appeal.

This act shall be in force on and after January first, nineteen hun-
dred and twenty-seven.