Chap. 211.—An ACT to amend and re-enact Sections 1110, 1111, 1112 and 1120 of
the Code of Virginia, as heretofore amended, relating to the registration, brand-
ing, analysis and sale of fertilizers, and penalties for violations. (H B 214]

Approved March 16, 1940
I. Be it enacted by the General Assembly of Virginia, That

ections eleven hundred and ten, eleven hundred and eleven, eleven
undred and twelve and eleven hundred and twentv of the Code of
lirginia, as heretofore amended, be amended and re-enacted SO aS
o read as follows:

Section 1110. All manufacturers, dealers, or agents who may
lesire to sell or offer for sale hereafter in this State any fertilizer or
ertilizer material, shall register quinquennially with the Commissioner
f Agriculture and Immigration of the State of Virginia, upon forms
urnished by said Commissioner, the name of each brand of fertilizer
r fertilizer material, which they may desire to sell or offer for sale in
his State, either by themselves or their agents, together with the
tame and address of the manufacturer or manufacturers, the weight
of the package, and the guaranteed analysis thereof, stating the
ninimum percentages of total nitrogen, nitrogen in the forms of
uitrate (if claimed), which shall not be less than one-half of one per
‘entum, water insoluble nitrogen, available phosphoric acid, available
potash, and total magnesium oxide and/or water soluble or available
magnesium oxide, if claimed, 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.

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 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 ap-
plication 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
quinquennial 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 fertilize:
material, offered for registration between the effective date and expira
tion date of any quinquennial period. In no event shall there be
registered two or more brands of the same brand name with differen
guaranteed analysis by the same manufacturer, dealer or agent.

Section 1111. All manufacturers, dealers or agents before sellin;
or offering for sale, in this State, any commercial fertilizers, or ferti
lizer material, shall brand on, or attach to, each bag, barrel, or package
the brand name of the fertilizer, the weight of the package, the nam
and address of the manufacturer, and the guaranteed analysis of th
fertilizer, giving the valuable constituents of said fertilizer in minimun
percentages only. The following items and no other, shall be brande
or stamped on, or affixed to, the packages in the following order, ans
the guaranteed analysis shall be expressed in whole units for all in
gredients in mixed fertilizers except in the case of nitrogen in the forn
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;

Seventh.—Available phosphoric—per centum;

Fighth.—Available potash—per centum;

Ninth.—Whether acid forming or non-acid forming;

Tenth.—Total magnesium oxide and/or water soluble or availabl:
magnesium oxide, if claimed;

Eleventh.—Name and address of manufacturer.

In the case of mixed fertilizers branded for tobacco, the guaranteec
analysis shown on the package, or on tag attached thereto, shall in
clude the maximum chlorine percentage registered with the Com
missioner 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 packag
stating the brand name, the guaranteed analysis, the name of th
materials used and the quantity of each per ton in compounding th
same, and the name and address of the manufacturer. Statements a
to the number of pounds of each material used in compounding th
mixture shall constitute a guarantee to the purchaser.

The brand name or trade mark and the guaranteed analysis thereo
branded or stamped on, or affixed to, the package as above provided
shall agree and correspond in every particular to the brand name o
trade mark and the guaranteed analysis registered with the Commis
sioner. The statement of per centum of ammonia as it is equivalen
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 prohibi
the sale of any fertilizer that contains any ingredient that is injuriou
to plant growth.

Section 1112. No fertilizer manufacturer, dealer or agent, shal
be allowed to register or offer for sale any complete fertilizer, super
phosphate with potash, superphosphate with nitrogen, or plain super
phosphate, or ground raw rock phosphate or similar materials in thi:
State, which contains less than fourteen per centum of plant food
namely, available phosphoric acid, nitrogen and potash, either singly
or in combination, provided, that in mixed fertilizer there shall not be
less than two per centum of potash and two per centum of nitrogen
when one or both are. present in the same mixture. This minimun
plant food requirement shall not apply to natural animal or vegetable
products not mixed with other materials.
Section 1120. (a) If the analysis of any fertilizers or fertilizer
material obtained in any of the beforementioned 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 Agriculture and Immigration, or branded on the package by the
manufacturer, 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 be the duty of the said Commissioner to assess twice the value
of such deficiency against the manufacturer, dealer or agent who sold
such fertilizer; and if the fertilizer shall fall over ten (10%) per centum
in value below the guarantee registered with the said Commissioner
or branded on the package by the manufacturer, dealer or agent of the
beforementioned ingredients, he shall assess five (5) times the value of
such deficiency against the manufacturer, dealer or agent who sold
such fertilizer, the above-mentioned assessments to be based on the
selling price of such fertilizer or fertilizer material; provided, however,
that in no case shall the aforesaid fine or penalty exceed the value of
said goods.

(b) Should the basicity or acidity as equivalent of calcium car-
bonate of any sample of fertilizer be found upon analysis to differ more
than five per cent (or one hundred pounds calcium carbonate equiva-
lent per ton) from the guarantee, then a penalty of fifty cents per ton
for each fifty pounds calcium carbonate, or fraction thereof, in excess
of the one hundred pounds allowed, shall be assessed by the Commis-
sioner against the guarantor thereof; and should the total magnesium
oxide (Mg 0) content of any sample of fertilizer fall as much as one
whole per cent below the guaranteed minimum, a penalty of fifty cents
per ton for each additional one-fourth of one whole per cent, or fraction
thereof, shall be assessed by the Commissioner against the guarantor;
and should the water soluble or available magnesium oxide (Mg 0)
content of any sample of fertilizer fall as much as one-half of one whole
per cent below the guaranteed minimum, a penalty of fifty cents per
ton for each additional one-fourth of one whole per cent, or fraction
thereof, shall be assessed by the Commissioner against the guarantor
thereof. These penalties for deficiency in total magnesium oxide, and
in water soluble or available magnesium oxide, shall not be cumulative,
but only the greater one shall be assessed and paid.

(c) Where there is a contract or 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 material 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 agreed to be used in the
contract. |
(d) If the chlorine content of any lot of fertilizer branded for
tobacco, as found by official analysis, shall exceed the maximum
percentage registered with the Commissioner of Agriculture and Im-
migration or branded on the package, by more than twenty-five (25%)
per centum and not more than fifty (50%) 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 amounting to ten (10%) per centum of the value of the lot of
fertilizer from which the sample was taken. If the excess of chlorine
is more than fifty (50%) per centum and not more than one hundred
(100%) 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 amounting to twenty
(20%) per centum of the value of the lot of fertilizer from which the
sample was taken. If the excess of chlorine is more than one hundred
(100%) 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 amounting to fifty
(50%) per centum of the value of the lot of fertilizer from which the
sample was taken.

(e) Where the potash content of any fertilizer is claimed to be
derived wholly from sulphate of potash, or sulphate of potash-mag-
nesia, or from both, the maximum chlorine content shall not exceed
one (1%) per centum, and where such fertilizer is found by official
analysis to contain in excess of one (1%) per centum of chlorine, 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 amounting to the value of the guaranteed potash
content.

(f) If the analysis of any fertilizers guaranteed to contain a mini-
mum of one (1%) per centum or less of nitrogen derived from nitrate,
or one (1%) per centum or less of water insoluble nitrogen, or one (1%)
per centum or less of both, shall fall as much as or more than one-third
below the guarantee in either or both of these constituents, it shall
be the duty of the Commissioner of Agriculture and Immigration to
assess against the manufacturer, dealer or agent who sold such ferti-
lizer a penalty amounting to twice the value of such deficiency or
deficiencies; and if the analysis of any fertilizers guaranteed to contain
a minimum of more than one (1%) per centum of either or both of the
said constituents shall fall as much as or more than one-fourth below
the guarantee in either or both of the said constituents, 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 amounting to twice the value of such deficiency or deficiencies.

All penalties or assessments levied by the Commissioner of Agri-
culture and Immigration under this section shall, within three months
from date of notice to manufacturer, dealer or agent, be paid to the
purchasers of such penalized lots of fertilizer, receipts taken therefor
and promptly forwarded to the Commissioner of Agriculture and
Immigration. If said purchasers cannot be found, the amount of
penalty assessed shall be paid to the Commissioner of Agriculture and
Immigration, who shall deposit the same in the State treasury and
report to the State Comptroller, who shall credit the same to a special
fund. Such sums as shall thereafter be found to be payable to pur-
chasers of lots of fertilizers against which said penalties were assessed
shall be paid from said fund on order of the Commissioner of Agri-
culture and Immigration. Any balance remaining in said fund for a
period of two years shall be transferred thereafter by the State Comp-
troller to the credit of the General Fund of the Commonwealth.

The Commissioner of Agriculture and Immigration may seize any
fertilizer belonging to such manufacturer, dealer or agent, if the
assessment shall not be paid within three (3) months after such notice
to such manufacturer, dealer or agent has been given by the said
Commissioner. The sums assessed by the Commissioner of Agriculture
and Immigration against any manufacturer, dealer or agent in ferti-
lizers under the provisions of this chapter, shall, upon the request of
the parties entitled to receive such sums, be certified to the clerk of the
circuit court of the county, or the corporation court of the city in
which such manufacturer, dealer or agent resides or does business, and
thereupon the clerk of such circuit or corporation court shall enter the
same upon his judgment docket in the same manner that judgments
are entered, 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 assessment 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 that a judgment or decree may be
enforced.

And in addition thereto the Commissioner shall, where it is possible,
seize the residue of said fertilizer from which said deficient sample was
drawn, if the same remains in the hands of such manufacturer, dealer
or agent, and shall sell the same after advertising the time, place and
terms of sale, and the constituent elements of such fertilizers, together
with their percentages as hereinbefore required; and out of the pro-
ceeds 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.

2. All the foregoing amendments of section eleven hundred and
ten and eleven hundred and twelve, and that part of the amendment
of section eleven hundred and twenty which provides a penalty for
deficiency in total magnesium oxide, shall become effective January
first, nineteen hundred and forty-two; and that part of the amendment
of section eleven hundred and eleven, designated ‘‘Ninth.—Whether
acid forming or non-acid forming’’, and that part of the amendment of
section eleven hundred and twenty which provides a penalty in case
of excessive differences in the basicity or acidity, shall become effective
January first, nineteen hundred and forty-one; and that part of the
amendment of section eleven hundred and eleven, designated, ‘“Tenth.
—Total magnesium oxide and/or water soluble or available magnesium
oxide, if claimed’’, shall become effective January first, nineteen
hundred and forty-two.