Chap. 81.—An ACT to amend and re-enact sections 1110 and 1111 of the Code of
Virginia, as heretofore amended, concerning the manufacture and sale of fer-
tilizers. [fH B 81]

Approved March 3, 1932

1. Be it enacted by the general assembly of Virginia, That sec-
tions eleven hundred and ten and eleven hundred and eleven 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 ferti-
lizer material shall register quinquennially with the commissioner of
agriculture and immigration of the State of Virginia, upon forms 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 mini-
mum percentage of water soluble nitrogen, total nitrogen, available
phosphoric acid and available potash, together with the source of each
of such constituents; expressed in even units in mixed fertilizers ex-
cept in the case of water soluble 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 con-
taining over three per centum of nitrogen. |

If the analysis of any fertilizers shall show a deficiency in either
the mineral or organic nitrogen percentage registered with the com-
missioner of agriculture and immigration, or shown on the package or
source tag by the manufacturer, dealer or agent, in excess of the vari-
ation 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 said assessment to be paid to the pur-
chasers of such fertilizer within three months after date of notice o
such assessment to the manufacturer, dealer or agent, and if the pur
chasers cannot be found, the amount of assessment shall be paid t
the commissioner of agriculture and immigration. The term “defi
ciency,” as used herein, is held to mean the full deficiency existing be
tween the guaranteed and found mineral or organic nitrogen conten
in which the excessive deficiency occurs. ,

If any source of such constituents be changed, prompt notificatiot
of such change shall be made to the commissioner of agriculture anc
immigration. .

All manufacturers, dealers or agents applying for such registratior
under this section shall pay to the commissioner of agriculture anc
immigration of the State of Virginia the sum of five dollars for eact
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 o:
five dollars shall be levied on all brands of fertilizer, or fertilizer ma-
terial, offered for registration between the effective date and expira-.
tion date of any quinquennial period. In no event shall there be regis-
tered two or more brands of the same brand name with different guar.
anteed 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 ferti-
lizer material, shall brand on, or attach to, each bag, barrel, or pack-
age, the brand name of the fertilizer, including the formula grade in
terms of nitrogen, available phosphoric acid and available potash, the
weight of the package, the name and address of the manufacturer, and
the guaranteed analysis of the fertilizer, giving the valuable constit-
uents 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 affixed to, the packages in:the following
order, and the guaranteed analysis shall be expressed in even units
for all ingredients in mixed fertilizers except in the case of water
soluble nitrogen:

First. Weight of package in pounds;

Second. Brand name or trade mark;

Third. Guaranteed analysis;

Fourth. Water soluble nitrogen... per centum; .

Fifth. Total nitrogen... per centum;

sixth. Available phosphoric acid... per centum;

Seventh. Available potash... per centum;

Eighth. Name and address of the manufacturer.

The sources of phosphoric acid, potash and nitrogen, together with
the percentage of nitrogen derived from each of the two classes of ma-
terial, namely, mineral and organic, as provided in section eleven hun-
dred and ten, shall be printed on the tags affixed 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 commis-
sioner. The statement of per centum of ammonia as it is equivalent
to the total per centum of nitrogen shall be discontinued.

And where there is a contract or agreement between a manutfac-
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 com-
ply with this requirement, the manufacturer shall be liable to the pur-
chaser for damages amounted to twice the value of the material or
materials that were agreed to be used in the contract, and the com-
missioner 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, 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
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 or chlorides in excess of one (1)
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 equal to the value of the guaranteed pot-
ash constituent, said penalty to be paid to the purchasers of such ferti-
lizer, 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 au-
thority, 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.

2. The provisions of this act, other than the definition of “de-
ficiency” as contained in section eleven hundred and ten, shall not be-
come effective unless and until provisions similar to the amendatory
provisions hereof have been adopted in other states adjoining Virginia,
and then only upon proclamation of such fact by the governor of Vir-
ginia, and upon and after such proclamation, all of the provisions of
sections eleven hundred and ten and eleven hundred and eleven hereof
shall be in full force and effect.