CHAPTER 305

An Act to repeal Chapter 8 of Title 3, consisting of §§ 3-80, 3-81, 3-82 as
amended, 8-83 as amended, 8-84 through 8-88, 3-89 as amended, 3-90
through 3-94, 8-95 as amended, 8-96 through 3-115, 3-116 as amended
and 3-117, of the Code of Virginia, relating to fertilizers and fertili-
zer materials; to amend the Code of Virginia by adding in Title 3
thereof a new chapter numbered 8.1, consisting of sections numbered
8-117.1 through 3-117.88, to define and regulate the manufacture, sale,
transportation, distribution and use of mixed fertilizer and fertilizer
materials; to prescribe the powers and duties of the Commissioner of
Agriculture and Immigration in connection therewith; and to pro-
vide penalties for violations.

[(S 270]

Approved March 11, 1952

Be it enacted by the General Assembly of Virginia:

1. That Chapter 8 of Title 3, consisting of §§ 3-80, 3-81, 3-82 as amended,
3-83 as amended, 3-84 through 3-88, 3-89 as amended, 3-90 through 3-94,
3-95 as amended, 3-96 through 3-115, 3-116 as amended, and 3-117, of the
Code of Virginia is repealed.

2. That the Code of Virginia be amended by adding in Title 3 thereof
a new chapter numbered 8.1, consisting of sections numbered 3-117.1
through 3-117.33 as follows:

Chapter 8.1

§ 3-117.1. Title—This act shall be known as the “Virginia Fertilizer
Law of 1952”.
§ 3-117.2. Definition of terms.—For the purpose of this act:
(a) The term “Board of Agriculture” or ‘Board’ means the “Board
of Agriculture and Immigration.”

(b) The term “Department” means the “Department of Agriculture
and Immigration’’.

(c) The term “Commissioner” means the “Commissioner of Agricul-
ture and Immigration”.

(d) The term “person” means any individual, partnership, associa-
tion, corporation, firm or organized group of individuals whether incor-
porated or not.

(e) A word importing the singular number only may extend and be
applied to several persons or things, as well as to one person or thing;
and a word importing the plural number only may extend and be applied
to one person or thing, as well as to several persons or things.

(f) The term ‘“‘registrant” means the person registering pursuant to
the provisions of this chapter.

(g) The term “guarantee” wherever used shall import a representa-
tion to the Commissioner and a guarantee to the purchaser.

(h) The terms “sell” or “distribute” include offering for sale, selling,
bartering, exchanging, or otherwise supplying any commercial fertilizer
covered by this chapter.

(1) The term “label”? means the written, printed or graphic matter
on, or attached to, the immediate container, or in the case of bulk goods
accompanying transportation of the lot of material.

(j) The term “labeling” means all representations and includes all
labels and other written, printed or graphic matter pertaining whatsoever
to the commercial fertilizer.

(k) The term “per cent’ or “percentage” means per cent by weight.

(1) A unit of plant food means one per cent by weight or twenty
pounds per ton.

(m) The term “brand” means the name, term, design or trade mark
under which any individual commerical fertilizer is offered for sale.

(n) The term “grade” means the minimum per cent of total nitrogen,
available phosphoric acid and soluble or available potash stated in the order
given in this definition and, when applied to mixed fertilizer, shall be stated
in whole numbers only.

(o) The term “fertilizer material’? means any substance containing
nitrogen, phosphoric acid, potash or any recognized plant food element or
compound which is used primarily for its plant food content, value in pro-
moting plant growth, or for compounding mixed fertilizers, except un-
manipulated animal and vegetable manures, agricultural liming materials
and gypsum.

(p) The term “mixed fertilizer” means any combination or mixture
of fertilizer materials designed for use or claimed to have value in pro-
moting plant growth.

(q) The term “commercial fertilizer’ includes fertilizer materials
and mixed fertilizer.

(r) The term “specialty fertilizer” means any fertilizer distributed
primarily for use on noncommercial crops, such as home gardens, lawns,
shrubs and flowers, and may include fertilizers used for research or ex-
perimental purposes.

(s) The term “unmanipulated manure” means substances composed
of excreta of domestic animals or domestic fowls when not artifically mixed
with any material or materials other than those which have been used
for bedding, sanitary or feeding purposes for such animals or fowls, which
have not been processed in any manner, including the addition of plant
foods, drying, grinding, shredding or other means.

(t) The term ‘manipulated manure” means substances, other than
unmanipulated manures, composed of excreta of domestic animals or do-
mestic fowls, plant remains or mixtures of such substances or such sub-
stances to which other plant foods have been added.

(u) The term “official analysis” means the analysis of commercial
fertilizer made by the Commissioner or his duly authorized agent, in ac-
cordance with methods prescribed by the Board of Agriculture.

(v) The term “official sample” means a sample of commercial ferti-
lizer drawn by the Commissioner or his duly authorized agent in accordance
with procedures approved by the Board of Agriculture.

(w) The term “buyer’s sample’ means a sample of commercial ferti-
lizer drawn in accordance with the provisions of § 3-117.17.

(x) The term ‘open formula” means mixed fertilizer labeled so as
to show the name and grade of materials and the quantity of each used
per ton in compounding or mixing.

; 3-117.3. Registration of commercial fertilizers.—

a) Any person who sells any commercial fertilizer shall before sell-
ing, register annually with the Commissioner the name of each brand and
grade of commercial fertilizer which he desires to sell in this State, either
by himself or his agent, together with the name and address of the manu-
facturer or manufacturers, the net weight of the package and the guar-
anteed analysis.

(b) The guaranteed analysis shall state the minimum per cent of
plant food, unless otherwise specified in this section in the following form:

1. Total nitrogen ; |

2. Nitrogen in the form of nitrate (if claimed); (this shall be ex-
pressed as per cent of total nitrogen in multiples of five) ;

3. Water insoluble nitrogen (if claimed) ; (this shall be expressed as
per cent of total nitrogen in multiples of five) ;

4. Available phosphoric acid;

5. Soluble or available potash;

6. Total magnesium oxide (if claimed); (all fertilizers branded for
tobacco shall be guaranteed to contain a minimum of two per cent mag-
nesium oxide, unless otherwise specified by the Board) ;

7. Chlorine (if claimed); (on all fertilizers branded for tobacco the
maximum per cent of chlorine present shall be stated) ;

8. Boron (if claimed); (this shall be guaranteed in terms of pounds
of borax (Na, B, O, 10 H. 0) equivalent per one hundred pounds of com-
mercial fertilizer in increments of one-fourth of a pound, one-half of a
pound, and three pounds per one hundred pounds of fertilizer, unless other-
wise specified by the Board; the guarantee shall be considered both a mini-
mum and maximum guarantee) ;

9, Other plant food guarantees;

10. The acid-forming or non-acid forming property; (this shall be
stated and the potential basicity or acidity shall be expressed as equivalent
of calcium carbonate in multiples of five per cent (or one hundred pounds
per ton) only.)

(c) In the case of bone, tankage and other organic phosphate ma-
terials on which the chemist makes no determination of available phos-
phoric acid, the total phosphoric acid shall be guaranteed.

(d) The percentages of total nitrogen, available phosphoric acid, sol-
uble or available potash and total magnesium oxide shall be expressed in
whole units.

(e) Additional plant food elements, compounds, or classes of com-
pounds determinable by chemical control methods, may be guaranteed
only by permission of the Commissioner by and with the advice of the
Director of the Virginia Agricultural Experiment Station. When any such
additional plant food elements, compounds, or classes of compounds are
included in the guarantee, they shall be subject to inspection and analysis
in accordance with the methods and regulations that may be prescribed
by the Commissioner, with approval of the Board. The registrant may be
required to state the sources from which such additional plant food ele-
ments, compounds, or classes of compounds are derived.

(f) The application for registration shall be. submitted to the Com-
missioner on forms furnished by the Commissioner, and shall be accom-
panied by a remittance of two dollars per brand and grade as a registra-
tion fee. Upon approval by the Commissioner, a copy of the registration
shall be furnished free of charge to the registrant. This approved copy of
registration, when furnished, shall authorize the person receiving same
to manufacture and sell directly or through dealers or agents, the brands
named therein.

(g) In no event shall there be registered by the same person, two or
more brands of the same brand name with different guaranteed analysis.

(h) The sources from which the nitrogen, phosphoric acid and potash
are derived in mixed fertilizers shall be stated in the application for regis-
tration and if any such source be changed during the period of registra-
tion, prompt notification of such change shall be made to the Commissioner.

(i) Any person may file application for registration of open formula
fertilizer.

(j) No distributor of any commercial fertilizer shall be required to
register the same, if it has been duly registered under provisions of this
chapter and the registration is then in effect.

(k) The Commissioner is authorized and empowered to refuse to
register, or to cancel the registration of, any brand of commercial ferti-
lizer as herein provided, upon satisfactory proof that the registrant has
been guilty of fraudulent and deceptive practice in the evasion or attempt-
ed evasion of the provisions of this act or any rule or regulation promul-
gated hereunder, provided that no registration shall be revoked or refused
until the registrant shall have been given a hearing by the Commissioner.

§ 3-117.4. How commercial fertilizer branded.—

(a) The following information shall be branded or stamped on, or
affixed to each bag or package, or shown on label statements accompanying
bulk commercial fertilizers in the following order:

1. Weight of package in pounds or bulk shipments in tons;

2. Brand;

3. Guaranteed analysis;

(The guaranteed analysis where applicable shall be stated as shown
in paragraph (b) of § 3-117.3 and the total nitrogen, nitrogen in the form
of nitrate, water insoluble nitrogen, available phosphoric acid and soluble
or available potash shall be listed in the same order.)

4. Name and address of manufacturer.

(b) In the case of brands registered as open formula it is required in
addition to paragraph (a) of this section, that information be shown on
each package or on a tag attached to each package, stating the brand name
and grade of materials, quantity of each of the materials used per ton in
compounding the same, and the name and address of the manufacturer.
In the case of open formula commercial fertilizer sold in bulk, the infor-
mation required in this paragraph shall be shown on or attached to the
label statement accompanying bulk commercial fertilizer. Statements as
to the number of pounds of each material used in compounding the mixture
shall constitute a guarantee to the purchaser.

(c) The brand name or trade mark and the guaranteed analysis
branded or stamped on, or affixed to, the package or shown on the label
statement accompanying bulk commercial fertilizer 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.

§ 3-117.5. Minimum plant food allowed.—

(a) No person shall be allowed to distribute, register or offer for sale
any mixed fertilizer, superphosphate, basic slag, or collodial phosphate
or similar materials in this State, which contain less than eighteen per
cent of plant food, namely, total nitrogen, available phosphoric acid and
soluble or available potash, either singly or in combination, except as pro-
vided in (b) and (c) of this section and in §§ 3-117.6 and 3-117.7.

(b) There may be one grade of tobacco plant bed fertilizer in which
the sum of guarantees for total nitrogen, available phosphoric acid and
soluble or available potash shall not total less than sixteen per cent.

(c) The minimum plant food requirement shall not apply to ground
rock phosphate.

§ 3-117.6. Sale of ground rock phosphate.—

(a) The label requirements of all ground rock phosphate distributed
in this State shall be as required for commercial fertilizer in § 3-117.4 of
this chapter, except that the following items shall be branded or stamped
on, or affixed to the packages, and shown on label statements accompany-
ing each bulk shipment in the following order, in lieu of the items shown
for commercial fertilizers in paragraph (a) of § 3-117.4 of this chapter.

1. Weight of package in pounds or bulk shipment in tons;

2. Brand name or trade mark; (This to be shown in print size not
larger than the wording “Ground Rock Phosphate’’) ;

3. Ground rock phosphate;

4. Guaranteed analysis;

5. Available phosphoric acid per cent;

6. Total phosphoric acid per cent; (This shall be shown in print size
not larger than one-half the wording “available phosphoric acid per cent”;
except that in the case of label statements accompanying bulk shipments
of ground rock phosphate, the words “Total phosphoric acid per cent’
when typed shall be in small letters and the words “available phosphoric
acid per cent” shall be typed in capital letters) ;

7. Degree of fineness;

8. Name and address of manufacturer.

(b) A complete copy of the labeling accompanying ground rock phos-
phate and a statement of all claims made or to be made for it including
directions for use shall be furnished the Commissioner at the time of regis-
tration or before such claims are made.

§ 3-117.7. Adoption of number of mixed grades which may be sold.—

(a) The Commissioner, by and with agreement of the Director of
the Virginia Agricultural Experiment Station and the Director of the
Virginia Truck Experiment Station, after a public hearing, of which all
registered commercial fertilizer manufacturers are notified, shall adopt
prior to June thirty of each year, or as early as practical thereafter, grades
of mixed fertilizers which may be sold in this State, provided the number
of grades shall not be less than fifteen. After this grade list has been
established, it shall remain in effect for one year, unless an emergency be
declared by the Governor.

(b) It is provided, however, that any distributor may be permitted
to sell one, but not exceeding one, grade of specialty fertilizer not on the
current approved list. The Commissioner may, in his discretion, require
a sample label and labeling claims, to be submitted, before registering such
fertilizer.

(c) It is further provided that the Commissioner may permit the dis-
tribution of grades of commercial fertilizer, not otherwise permitted by
this chapter, for research or experimental purposes by the Virginia Agri-
cultural Experiment Station, the Virginia Truck Experiment Station and

other State or Federal agencies authorized by law to conduct agricultural

research, and such commercial fertilizer shall be exempt from registra-

tion and payment of fees required under the provisions of this chapter.
§ 3-117.8. Fertilizer inspection fee.—

(a) For the purpose of carrying out the provisions of this chapter,
all manufacturers who sell any commercial fertilizer in Virginia shall pay
to the State Treasurer an inspection fee of twenty cents per short ton of
commercial fertilizer, as follows:

(b) Each manufacturer, dealer or agent, shall make application to
the Commissioner for a permit to report the tonnage of commercial ferti-
lizer sold in accordance with which report the inspection fee shall be paid.

(c) The Commissioner shall grant such permit, except that no per-
mit shall be issued unless the applicant uses a system of keeping books
that is satisfactory to the Commissioner, indicates accurately in his records
the tonnage of commercial fertilizer sold in the State, and agrees to allow
the Commissioner or his duly authorized representative to examine such
records and verify the tonnage statement. The report shall be under oath
on forms furnished by the Commissioner and shall be filed in the office
of the Commissioner.

(d) The report of tonnage and inspection fee shall be due and payable
quarterly on the first day of April, the first day of July, the first day of
October and the first day of January, covering tonnage and grades of mix-
ed fertilizer and fertilizer materials sold during the preceding months. If
the report is not filed and the inspection fee paid by the tenth day follow-
ing due date, or if the report of tonnage is false, the Commissioner may
revoke the permit, and if the inspection fee be unpaid after a fifteen day
grace period the amount shall bear a penalty of ten per cent, which shall
be added to the inspection fee due and shall constitute a debt and become
the basis of judgment against the securities or bonds which shall be re-
quired.

(e) In order to guarantee faithful performance each manufacturer
shall before being granted a permit deposit with the Commissioner cash
in the amount of one thousand dollars, or shall deposit with the Commis-
sioner a surety bond in like amount executed. by some corporate surety
company qualified and authorized to do business in Virginia.

(f) On individual packages of commercial fertilizer containing ten
pounds or less, there shall be paid in lieu of the annual registration fee of
two dollars per brand and the twenty cents per short ton inspection fee,
an annual registration and inspection fee of fifty dollars for each brand
and grade sold or distributed. Where a person sells commercial fertilizer
in packages of ten pounds or less and in packages over ten pounds this
annual registration and inspection fee of fifty dollars shall apply only to
that portion sold in packages of ten pounds or less, and that portion sold
in packages over ten pounds shall be subject to the same inspection fee of
twenty cents per short ton as provided in this chapter, and the registrant
shall furnish performance bond as required in paragraph (e) of this sec-

on.

§ 3-117.9. Prohibited acts.—

(a) The Commissioner shall have authority with the approval of the
Board to prohibit the sale of any commercial fertilizer that contains in-
gredients, other than recognized plant foods, which may damage crops
or soils.

(b) No person shall distribute in this State for commercial fertilizer
purposes either as such or mixed with other fertilizer materials, any raw
or untreated leather, hair, wool, waste, hoof, horn, rubber or similar ni-
trogenous materials the plant food content of which is largely unavailable.
(c) It shall be unlawful for any person to distribute in this Stat
any commercial fertilizer that has not been registered with the Commis
sioner and branded as required by this chapter. The fact that the pur
chaser waives the inspection and analysis thereof shall be no protectio1
to the party selling or offering the same for sale.

; 3-117.10. Penalties for violation of chapter.—

a) Any person who shall sell or distribute in this State any com
mercial fertilizer which has not been previously registered with the Com.
missioner or which has not been branded or tagged as hereinbefore pro.
vided, or any person who shall receive or remove any commercial ferti.
lizer which has not been branded as provided for in this chapter, or any
person who shall violate any other provisions of this chapter, or any rule;
or regulations issued thereunder, unless otherwise provided in this chapter
shall be guilty of a misdemeanor and subject to a fine or forfeiture of no!
less than twenty-five dollars nor more than two hundred dollars for eack
and every offense when convicted thereof.

: 3-117.11. Stop sale orders.—

a) It shall be the duty of the Commissioner to issue and enforce a
written or printed stop-sale, stop-use or stop-removal order, to the owner
or custodian of any lot of commercial fertilizer and to hold at a designated
place when the Commissioner finds the commercial fertilizer is being of-
fered or exposed for sale in violation of any of the provisions of this chap-
ter, until this chapter has been complied with and the commercial ferti-
lizer is released in writing by the Commissioner or the violation has been
otherwise legally disposed of by written authority.

(b) The owner or custodian of such commercial fertilizer shall have
the right to appeal from such order to a court of competent jurisdiction
in the county or city where the commercial fertilizer is found.

(c) The Commissioner shall release the commercial fertilizer which
has been subjected to an order under paragraph (a) above when the re-
quirements of this chapter have been complied with. !

(d) The provisions of this section shall not be construed as limiting
the right of the enforcement officer to proceed as authorized by other pro-
visions of this chapter.

; 3-117.12. Seizure, condemnation and sale.—

a) Any lot of commercial fertilizer not in compliance with the pro-
visions of this chapter shall be subject to seizure on complaint of the Com-
missioner to a court of competent jurisdiction in the county or city in
which the commercial fertilizer is located. In the event the court finds the
commercial fertilizer to be in violation of this chapter, and orders the
condemnation of the commercial fertilizer, it shall be disposed of in any
manner consistent with the quality of the commercial fertilizer, and the
laws of the State. —

(b) In no instance shall the disposition of the commercial fertilizer
be ordered by the court without first giving the claimant an opportunity
0 process or re-label the product to bring it into compliance with this
chapter.

§ 3-117.18. Prosecutions by Commonwealth’s attorney.—

All prosecutions under this chapter shall be conducted by the Com-
monwealth’s attorney of the county or city in which the offense shall be
committed or such seizure shall be made.

lire heane Appointment of inspectors.—

he Commissioner shall by and with the approval of the Board ap-
point such inspectors of commercial fertilizer as he may deem necessary
for the proper and efficient enforcement of this chapter.

; 3-117.15. Collection and analysis of samples by Commissioner.—

a) The Commissioner shall endeavor to have collected fair samples
of all brands of commercial fertilizers offered for sale in this State, and
shall have the same analyzed in the laboratories of the Department, and
shall, from time to time, publish such analyses and other data, as will be
of information to the farmers.

(b) In order to determine compliance with this chapter, the Commis-
sioner or his duly authorized agent shall have authority at all reasonable
hours to enter into any car, warehouse, store, building, boat, vessel or
place containing commercial fertilizers, for the purpose of inspection or
sampling, and to procure samples for analysis from any package or lot
of commercial fertilizers; provided, however, that the action of the com-
missioner or his agent hereunder shall be with the consent of the person
having control over the property in which such fertilizer is kept and,
if without such consent, then upon the application of the commissioner or
his agent, in the manner prescribed by Chapter 3 of Title 19 of the Code of
Virginia, a search warrant shall issue for the search of the premises.

3-117.16. Determination and publication of commercial values.—

or the purposes of determining the commercial values to be applied
under this chapter, the Commissioner shall determine and publish an-
nually the values per pound of nitrogen, phosphoric acid and potash in
commercial fertilizers in this State. The values so determined and pub-
lished, shall be used in determining and assessing penalties.

§ 3-117.17. Samples furnished by seller on request of buyer.—

(a) Upon request of the purchaser every seller of commercial ferti-
lizer shall draw a sample of the same at the time of its delivery from un-
broken packages, or bulk lot, in the presence of the purchaser, or if the
seller is not present any Justice of the Peace or Notary Public may at the
request of the purchaser draw a sample of the commercial fertilizer in
the presence of the purchaser. This sample shall be known as a “‘buyer’s
sample” and shall be drawn in accordance with the procedures approved
by the board for drawing an “official sample”. The sample when drawn
shall, in the presence of both parties, be put in a glass or tin vessel, secure-
ly sealed and a certificate placed with it, signed by both parties certifying
that the sample is a fair and correct one. The sample must then be sent
to the Commissioner, who shall have it analyzed in the laboratories of the
Department and send a copy of the analysis to both buyer and seller free
of cost within twenty days from the date the sample was received by the
Commissioner.

(b) On receipt of the analysis, the purchaser shall send to the Com-
missioner a correct copy of what was branded on the bag or package or
shown on the label statement accompanying bulk commercial fertilizer
from which the sample was drawn. This copy must be made at the time
the sample was drawn, and must be signed by both parties.

3-117.18. Certification of analyses and refusal to analyze.—

ta) A certified copy of the official analysis of commercial fertilizer
shall be admitted as evidence in any court of this State on the trial of any-
thing involving the merits of any commercial fertilizer.

(b) The Commissioner may refuse to analyze all samples, except such
as are taken under the provisions of this chapter, and no sample unless
so drawn, analyzed and certified, shall be admitted as evidence in the trial
of any suit or action wherein there is called into question the value or
composition of any lot of commercial fertilizer distributed under the pro-
visions of this chapter; provided that the provisions of this section shall
not be construed to exclude, in any civil proceeding, any other analysis
of the composition of the fertilizer in issue.

aed .19. Assessment for deficiency in nitrogen, phosphoric acid or

tash.—

(a) If the analysis of any commercial fertilizer obtained in any of
the heretofore mentioned methods, shall fall as much as five per cent and
not more than ten per cent in value below the guarantee registered with the
Commissioner, or branded on the package, or shown on the label state-
ment accompanying bulk fertilizer, by the manufacturer, dealer or agent,
in the total value of the sum of the nitrogen, phosphoric acid or potash, or
as much as ten per cent 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 commercial fertilizer. ,

(b) If the commercial fertilizer shall fall over ten per cent in value
below the guarantee registered with the Commissioner, or branded on the
package, or shown on the label statement accompanying bulk commercial
fertilizer, by the manufacturer, dealer or agent, of the total nitrogen, avail-
able phosphoric acid and soluble or available potash, he shall assess five
times the value of such deficiency against the manufacturer, dealer or
agent who sold such commercial fertilizer.

(c) The above mentioned assessments shall be based on the com-
mercial value of such commercial fertilizer; provided, however, that in
no case shall the penalty herein provided for exceed the commercial value
of the goods.

§ 3-117.20. Assessment for deficiency of nitrate nitrogen or water
insoluble nitrogen.—

(a) If the analysis of any commercial fertilizers guaranteed to con-
tain a minimum of one per cent or less of nitrogen derived from nitrate,
or one per cent or less of water insoluble nitrogen, shall fall as much as or
more than one-third below the guarantee in either of these constituents,
it shall be the duty of the Commissioner to assess against the manufacturer,
dealer or agent, who sold such commercial fertilizer, a penalty amounting
to twice the value of such deficiency or deficiencies.

(b) If the analysis of any commercial fertilizers guaranteed to con-
tain a minimum of more than one per cent of either of the constituents
shall fall as much as, or more than one-fourth below the guarantee in
either of the constituents, it shall be the duty of the Commissioner to
assess against the manufacturer, dealer or agent who sold such commercial
fertilizer, a penalty amounting to twice the value of such deficiency or
deficiencies.

§ 3-117.21. Assessment for deficiency in magnesium oxide.—Should
the total magnesium oxide (MgQ) content of any sample of commercial
fertilizer fall as much as one-fourth 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.

§ 3-117.22. Assessment for excess chlorine.—If the chlorine content
of any lot of fertilizer branded for tobacco shall exceed the maximum
amount guaranteed by more than one-half of one per cent, a penalty shall
be assessed equal to ten per cent of the value of the fertilizer for each
additional one-half of one per cent of excess or fraction thereof.

3-117.23. Assessment for excessive basicity or acidity—Should the
basicity or acidity, as equivalent of calcium carbonate of any sample of
commercial fertilizer be found upon analysis to differ more than five per
cent, 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, may be assessed by the Commissioner against the guarantor

ereo

3-117.24. Assessment when materials vary from contract.—Where
there is a contract or agreement between a manufacturer, dealer or agent,
and a purchaser of commercial fertilizer that the commercial fertilizer
will be manufactured by the use of certain definite sources, the commercial
fertilizer must be manufactured from those materials without the substi-
tution of other materials, and for 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 fertilizer
material or materials that were agreed to be used in the contract.

§ 3-117.25. Penalties for deficiencies or excesses not otherwise speci-
fied.—Deficiencies or excesses in any other constituent or constituents not
otherwise covered by this chapter, which the registrant is required to or
may guarantee, shall be evaluated by the Commissioner and penalties
therefor shall be prescribed by the Commissioner which penalties shall not
exceed the penalties stated in § 3-117.23 of this chapter.

§ 3-117.26. Payment of assessments and disposition of funds derived
therefrom.—(a) All penalties or assessments levied by the Commissioner
under §§ 3-117.19 to 3-117.25 shall within three months from date of
notice to manufacturer, dealer or agent, be paid to the purchasers of such
penalized lots of commercial fertilizer, receipts taken therefor and
promptly forwarded to the Commissioner. If the purchasers cannot be
found, or if the amount due any one purchaser from the lot of commercial
fertilizer, on which an assessment has been levied, is less than one dollar,
the amount of penalty assessed shall be paid to the Commissioner, who
shall deposit the same in the State Treasury and report to the State
Comptroller, who shall credit the same to a special fund.

(b) Such funds as shall thereafter be found to be payable to pur-
chasers of lots of commercial fertilizers against which the penalties were
assessed shall be paid from the fund on order of the Commissioner. Any
balance remaining in such fund for a period of two years, shall be trans-
ferred thereafter by the State Comptroller to the credit of the general
fund of the Commonwealth.

§ 3-117.27. Seizure of fertilizers when assessments not paid.—The
Commissioner may seize any commercial fertilizer belonging to such
manufacturer, dealer or agent, if the assessment be not paid within three
months after such notice to such manufacturer, dealer or agent has been
given by the Commissioner.

3-117.28. Appeals from assessments, seizure and sales.—Any per-
son feeling himself aggrieved by any action of the Commissioner under
provisions of this chapter shall have the right within ninety days from
the date of the rendition of the decision of the Commissioner to appeal
therefrom to the circuit or corporation court of the county or city in
which the person resides.

§ 3-117.29. Sales and shipments to manufacturers, etc.—Nothing in
this chapter shall be construed to restrict or prohibit the sale of any
mixed fertilizer or fertilizer material to a registered manufacturer for
manufacturing purposes.

§ 3-117.30. Shipment of commercial fertilizer in bulk.—Nor shall
this chapter prevent the shipment of commercial fertilizer in bulk, pro-
vided the seller accompanies each such shipment with a statement, show-
ing the number of tons or weight in the said shipment, the name and
address of the consignee, the brand name and guaranteed analysis, and
the name and address of the manufacturer, and complies with other pro-
visions of this chapter.

§ 3-117.31. Rules for inspection, analysis and sales of commercial
fertilizers —The Commissioner is authorized after a public hearing fol-
lowing due notice and with the approval of the Board, to establish such
rules and regulations as may be necessary for the enforcement of this
chapter and are not inconsistent with the provisions of this chapter. The
Board shall prescribe methods of analysis and procedures for inspection
of commercial fertilizers.

3-117.32. Disposition of money.—All monies collected under the
provisions of this chapter, except penalties and assessments levied under
§§ 3-117.19 to 3-117.25 shall be paid into the State Treasury to the credit
of the general fund.

§ 3-117.33. Delegation of duties—All authority vested in the Com-
missioner by virtue of the provisions of this chapter, other than §§ 3-117.25
and 3-117.31, may with like force and effect be executed by such employees
of the Department as the Commissioner may, from time to time, desig-
nate for such purpose.

3. Separability.—If any provisions of this chapter are declared unconsti-
tutional or the applicability thereof to any person, or circumstance, is held
invalid, the constitutionality of the remainder of this chapter, and the
applicability thereof to other persons and circumstances shall not be
affected thereby.
4, All registration fees paid under the provisions of Chapter 8 of Title 3
of the Code of Virginia shall be applied against and credited toward any
registration fee or fees required under the provisions of this chapter.

. This chapter shall be effective on and after July one, nineteen hun-
dred and fifty-two.