An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1938 |
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Law Number | 386 |
Subjects |
Law Body
Chap. 386.—An ACT to amend Chapter 49 of the Code of Virginia by amend-
ing and re-enacting Sections 1110 and 1111 of the Code of Virginia, as
heretofore amended, in relation to registration and branding of fertilizers
and to further amend said Chapter 49 of the Code of Virginia relating to
the duties of the State Board of Agriculture and Immigration with reference
to fertilizers and lime and products of that nature by adding a new section
to said Chapter 49 of the Code of Virginia numbered 1137-1, authorizing the
State Board of Agriculture and Immigration to mine, dig and grind marl
in the counties of tidewater Virginia and to sell the same. [S B 241]
Approved March 31, 1938
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
fertilizer material, shall register quinquennially with the Commissioner
of Agriculture and Immigration of the State of Virginia, upon forms
furnished 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 percentages of total nitrogen, nitrogen in the form of nitrate
(if claimed), water insoluble nitrogen, available phosphoric acid and
available potash, together with the source of each of such constituents ;
expressed in whole units in mixed fertilizers except in the case of
nitrogen in the form of nitrate and water insoluble 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 allow-
ing 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 containing over three per centum of nitrogen.
If any source of such constituents be changed, prompt notification
of such change shall be made to the Commissioner of Agriculture and
Immigration. , | |
In mixed fertilizers branded for tobacco, the manufacturer, dealer
or agent shall, in the case of each brand, state in the application for
registration the maximum percentage of chlorine present.
The manufacturer, dealer or agent shall, in the case of each brand
of mixed fertilizer, state in the application for registration whether
the fertilizer is acid forming or non-acid forming. A tolerance ot fifty
pounds in terms of calcium carbonate per ton will be allowed.
The manufacturer, dealer or agent may, if he so desires, file apph-
cation 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 quantity of each
per ton in compounding the same. |
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 1s further provided herein that the full registration fee of five
dollars 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 guaran-
teed 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 fer-
tilizer 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 analy-
sis of the fertilizer, giving the valuable constituents of said fertilizer
in minimum percentages only. 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
whole units for all ingredients in mixed fertilizers except in the
case of nitrogen in the form of nitrate, and water insoluble nitrogen.
Mixed Fertilizers:
First— Weight of package in pounds;
Second.—Brand name or trade mark;
Third.—Guaranteed analysis ;
Fourth.—Total nitrogen—per centum;
Fifth Nitrogen in the form of nitrate (if claimed)—per centum;
Sixth——Water insoluble nitrogen—per centum;
Available phosphoric acid—per centum ;
Eighth—Available potash—per centum ;
Ninth.—Name and address of manufacturer.
In the case of mixed fertilizers branded for tobacco, the guaranteed
analysis shown on the package, or on tag attached thereto, shall in-
clude the maximum chlorine percentage registered with the Commis-
sioner of Agriculture and Immigration.
In the case of brands registered as “open formula’, it is required,
in addition to the above, that a tag be attached to each package stating
the brand name, the guaranteed analysis, the name of the materials
used and the quantity of each per ton in compounding the same, and
the name and address of the manufacturer. Statements as to the num-
ber of pounds of each material used in compounding the mixture
shall constitute a guarantee to the purchaser.
The percentage of nitrogen derived trom each of the two classes
of material, namely, mineral and organic, as provided in section eleven
hundred and ten, shall be printed on tags to be affixed to each package,
and where such tags are to be attached to packages containing mixed
fertilizers, the entire potash content of which is derived from the use
of sulphate of potash or sulphate of potash-magnesia, or both, the
tag shall be blue in color, and the source of the potash content shall
be stated thereon. Tags blue in color are hereby restricted for use
only in the case of fertilizers containing potash derived wholly from
the materials named herein.
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.
The Commissioner of Agriculture and Immigration shall have
authority, 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.
Section 1137-1. The State Board of Agriculture and Immigra-
tion authorized to mine, dig and grind marl in the tidewater counties
of Virginia and to sell the same—The State Board of Agriculture and
Immigration is authorized to mine, dig and grind marl in the counties
of King William, Hanover, New Kent and Charles City, Virginia
and to sell the same to the farmers of Virginia in accordance with
the provisions of sections twelve hundred and sixty-seven and twelve
hundred and sixty-eight of the Code of Virginia; provided, however,
said marl beds shall be convenient to highway transportation if not
convenient to water or rail transportation; and provided, further, in
the working of said marl beds the Board shall not be required to use
convict labor, provided, further, that if labor other than convict labor
be used the cost of such labor shall be included in the price at which
the marl is sold. The Board shall determine the county or counties
in which said marl shall be mined or dug and may operate marl beds
in more than one such county. The Board so far as it is able to do
so may proceed with the mining, digging, grinding and selling of the
said marl as soon as possible after this section takes effect. All acts
and parts of acts in.conflict with this section are hereby repealed so
far as such conflict exists.