Chap. 152.—An ACT to amend and re-enact Sections 1110, 1111, 1112, as amended,
115, 1120, as amended, of the Code of Virginia, relating to the registration,
branding, analysis and sale of fertilizers and plant foods and penalties for
violations. fH B 124]

Approved March 11, 1946

Be it enacted by the General Assembly of Virginia:

1. That sections eleven hundred ten, eleven hundred eleven, eleven
hundred twelve, as amended, eleven hundred fifteen, and eleven hundred
twenty, as amended, of the Code of Virginia, be amended and re-enacted,
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 annually 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 minimum percentages of total
nitrogen, nitrogen in the form of nitrate (if claimed), which shall not be
less than one-half of one per centum, water insoluble nitrogen, available
phosphoric acid, available potash, and total magnesium oxide, if claimed,
borax, if claimed, shall be guaranteed in terms of borax per ton of fertil-
izer in increments of five, ten, and twenty pounds, and multiples of
twenty pounds per ton of fertilizer, the guarantee shall be considered
both a minimum and maximum guarantee, together with the source of
each such constituents ; expressed in whole units in mixed fertilizers ex-
cept in the case of nitrogen in the form of nitrate and water insoluble
nitrogen. Additional minor plant food materials, determinable by
chemical control methods, may be guaranteed only by permission of the
Commissioner of Agriculture and Immigration, with the approval of the
Board of Agriculture and Immigration. When such additional plant
food elements or compounds are included in the guarantee, they shall be
subject to inspection and analysis in accordance with the approved
methods of analysis of the Association of Official Agricultural Chemists.

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. The potential basicity
or acidity shall be expressed as equivalent of calcium carbonate in multi-
ples of five per cent (or one hundred pounds per ton) only. 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 applica-
tion for registration of open formula fertilizers. The term “open for-
mula” 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 two dollars for each
brand registered with the said Commissioner; further, that the annual
registration of brands of fertilizer, or fertilizer materials, shall become
effective January first, nineteen hundred forty-seven. In no event shall
there be registered two or more brands of the same brand name with
different guaranteed analyses 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 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. The following items 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 mitrogen—per centum ;

Fifth—Nitrogen in the form of nitrate (if claimed)—per centum;

Sixth.—Water insoluble nitrogen—per centum ;

Seventh.—Available phosphoric acid—per centum;

Kighth.—Available potash—per centum ;

Ninth.—Whether acid forming or non-acid forming in multiples of
five per centum;

Tenth.—Total magnesium oxide (if claamed)—per centum:

Eleventh.—Number pounds of borax per ton (if claimed) ;

Twelfth—Name and address of manufacturer.

In the case of mixed fertilizers branded for tobacco, the guaranteed
analysis shown on the package, or on the tag attached thereto, shall in-
clude the maximum chlorine percentage registered with the Commissioner
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 number of pounds of
each material used in compounding the mixture shall constitute a guar-
antee to the purchaser.

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 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.

Section 1112. No fertilizer manufacturer, dealer or agent, shall be
allowed to register or offer for sale any complete fertilizer, superphosphate
with potash, superphosphate with nitrogen, or plain superphosphate, or
ground raw rock phosphate or similar materials in this State, which
contains less than eighteen per centum of plant food, namely, available
phosphoric acid, nitrogen and potash, either singly or in combination, ex-
cept there may be one grade of tobacco plant bed fertilizer 4-9-3 and one
grade of regular tobacco fertilizer 3-8-5, 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
minimum plant food requirement shall not apply to natural animal or
vegetable products not mixed with other materials.

Section 1115. Sale of unregistered and unbranded fertilizer pro-
hibited.—It shall not be lawful for any manufacturer, dealer or agent to
sell, or offer for sale, in this State any fertilizer, or fertilizer material,
that has not been registered with the Commissioner of Agriculture and
Immigration and branded as required by this chapter. The fact that the
purchaser waives the inspection and analysis thereof shall be no protec-
tion of said party selling or offering the same for sale. The Commission-
er of Agriculture and Immigration by and with agreement of the Di-
rector of the Virginia Agricultural Experiment Station at Blacksburg,
Virginia, andthe Director of the Virginia Truck Experiment Station at
Norfolk, Virginia, after a hearing, of which all registered fertilizer man-
ufacturers are notified, shall adopt from time to time, the number of
grades of mixed fertilizers which may be sold in this State; provided,
the number of grades shall not be less than fifteen, nor more than twenty-
five. The Commissioner of Agriculture and Immigration shall, by and
with approval of the State Board of Agriculture and Immigration, issue
such rules and regulations as may be necessary for the enforcement of the
provisions of this section.

Section 1120. (a) If the analysis of any fertilizers or fertilizer
material obtained in any of the heretofore mentioned methods shall fall
as much as five per centum (5%) and not more than ten per centum
(10°) 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 phos-
phoric acid, nitrogen and potash, or as much as ten per centum (10%)
in value below the guarantee in either of these ingredients, it shall be
the duty of the 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 per centum (10%) in value below the
guarantee registered with the Commissioner or branded on the package
by the manufacturer, dealer or agent of the heretofore mentioned in-
gredients, 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 carbonate
of any sample of fertilizer be found upon analysis to differ more than five
per centum (or one hundred pounds calcium carbonate equivalent 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 Commissioner against
the guarantor thereof; and should the total magnesium oxide (MgO)
content of any sample of fertilizer fall as much as one whole per centum
below the guaranteed minimum, a penalty of fifty cents per ton for each
additional one-fourth of one whole per centum, or fraction thereof, shall
be assessed by the Commissioner against the guarantor.

(c) Where there is a contract or agreement between a manufacturer
or dealer and a purchaser of fertilizer that the fertilizer will be manu-
factured by the use of certain definite sources, the fertilizer must be
manufactured from those materials without the substitution of other ma-
terials, and for failure on the part of the manufacturer to comply with this
requirement, the manufacturer shall be liable to the purchaser for dam-
ages 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 to-
bacco, as found by official analysis, shall exceed the maximum percentage
registered with the Commissioner of Agriculture and Immigration or
branded on the package, by more than twenty-five per centum (259%)
and not more than fifty per centum (509%), 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 amount-
ing to ten per centum (10%) of the value of the lot of fertilizer from
which the sample was taken. If the excess of chlorine 1s more than
fifty per centum (50%) and not more than one hundred per centum
(100°¢), 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 per centum (20%) of the
value of the lot of fertilizer from which the sample was taken. If the
excess of chlorine is more than one hundred per centum (100%), it
shall be the duty of the Commissioner of Agriculture and Immigration
to assess against the manufacturer, dealer or agent who sold such fertil-
izer a penalty amounting to fifty per centum (50%) 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 de-
rived wholly from sulphate of potash, or sulphate of potash-magnesia,
or from both, the maximum chlorine content shall not exceed one per
centum (1%), and where such fertilizer 1s found by official analysis to
contain in excess of one per centum (1%) 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 per centum (1%) or less of nitrogen derived from nitrate, or
one per centum (1%) or less of water insoluble nitrogen, or one per
centum (19) 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 as-
sess against the manufacturer, dealer or agent who sold such fertilizer 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 per centum (19%) 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 Com-
missioner of Agriculture and Immigration to assess against the manu-
facturer, 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 Agricul-
ture and Immigration under this section shall, within three months
from date of notice to manufacturer, dealer or agent, be paid to the pur-
chasers of such penalized lots of fertilizer, receipts taken therefor and
promptly forwarded to the Commissioner of Agriculture and Immigra-
tion. 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 Comp-
troller, who shall credit the same to a special fund. Such sums as shall
thereafter be found to be payable to purchasers of lots of fertilizers against
which said penalties were assessed shall be paid from said fund on order
of the Commissioner of Agriculture and Immigration. Any balance
remaining in said fund for a period of two years shall be transferred there-
ufter by the State Comptroller to the credit of the general fund of the
Commonwealth.

The Commissioner of Agriculture and Immigration may seize any
ertilizer belonging to such manufacturer, dealer or agent, if the assess-
ment shall not be paid within three (3) months after such notice to such
nanufacturer, dealer or agent has been given by the said Commissioner.
The sums assessed by the Commissioner of Agriculture and Immigration
ivainst any manufacturer, dealer or agent in fertilizers under the pro-
visions 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 certificates certified by the
Commissioner shall contain the name of the purchaser and of such manu-
facturer, 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 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 any action of the Com-
missioner 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. The provisions of these amendments shall become effective
January one, nineteen hundred forty-seven.