CHAPTER 444

An Act to amend and reenact §§ 8-117.2, 8-117.8, 8-117.4, 8-117.6, 8-117.7,
8-117.8, 3-117.19, 3-117.21, $-117.29, 8-117.80 and 8-117.82 of the Code
of Virginia, relating to fertilizer and fertilizer materials; regulating
the manufacture, sale, transportation and distribution thereof and pro-
viding penalties for violations. (8 58]

Approved March 30, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 3-117.2, 3-117.8, 3-117.4, 8-117.6, 3-117.7, 3-117.8, 3-117.19,
8-117.21, 3-117.29, 3-117.30, and 3-117.82 of the Code of Virginia be
amended and reenacted as follows:

§ 3-117.2. For the purpose of this chapter:

(a) The term “Board of Agriculture” or “Board” means the “Board
of Agriculture and Immigration”.

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

(c) The term “Commissioner” means the “Commissioner of Agri-
culture and Immigration”.

(d) The term “person” means any individual, partnership, associa-
tion, corporation, firm or organized group of individuals whether in-
corporated 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 commercial
fertilizer or soil amendments 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 term “sell” or “distribute” include offering for sale, selling,
bartering, exchanging, or otherwise supplying any commercial fertilizer
covered by this chapter.

(i) 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 commercial 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. * :

(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
promoting plant growth, or for compounding mixed fertilizers, except
unmanipulated animal and vegetable manures, agricultural liming materials
and gypsum.

(p) The term “mixed fertilizer” means any combination or mixture of
CH. 444] ACTS OF ASSEMBLY 647

fertilizer materials designed for use or claimed to have value in promoting
plant growth.

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

(r) The term “specialty fertilizer” means any fertilizer distributed
primarily for non-farm use *, such as home gardens, lawns, shrubs, *
flowers, golf courses, municipal parks, cemeteries, greenhouses and nurs-
eries and may include fertilizers used for research or experimental pur-
poses.

(s) The term “unmanipulated manure” means substances composed
of excreta of domestic animals or domestic fowls when not artificially 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
domestic fowls, plant remains or mixtures of such substances or such
substances 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
accordance 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.

(y) The term “bulk fertilizer’ means any commercial fertilizer
offered for sale or sold in a solid, liquid or gaseous state and in a non-
packaged form.

(z) The term “soil amendment” means any substance or mixture of
substances imported, manufactured, prepared or sold for manurial, soil
enriching or soil-corrective purposes or intended to be used for promoting
or stimulating the growth of plants, increasing the productivity of plants,
improving the quality of crops, or producing any chemical or physical
change in the soil, except commercial fertilizer as defined in this chapter,
and unmanipulated animal and vegetable manures, agricultural liming
materials and gypsum.

(aa) The term “contractor” means any person except the registrant,
but not excepting agents of registrants, who sell bulk fertilizer to a con-
sumer.

§ 3-117.8. (a) Any person who sells any commercial fertilizer shall
before selling, 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 manufacturer or manufacturers, the net weight of the package and
the guaranteed analysis. All registration shall expire on June thirtieth of
each year.

(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 or total magnesium oxide (if claimed) ; (all ferti-
lizers branded for tobacco shall be guaranteed to contain a minimum of two
per cent magnesium 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,0,: 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
minimum and maximum guarantee) The per cent or pounds per hundred of
Boron may also be guaranteed in the elemental form, provided the equiva-
lent as borax is shown;

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 materials
on which the chemist makes no determination of available phosphoric acid,
the total phosphoric acid shall be guaranteed.

(d) The percentages of total nitrogen, available phosphoric acid, and
soluble or available potash * shall be expressed in whole units, provided,
however, that this requirement shall not apply to diluted fertilizer solutions
sold for spray application on nonfarm crops, such as gardens, lawns, shrubs
and flowers.

(e) Additional plant food elements, compounds, soil amendments or
classes of compounds 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, soil amendments 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 elements, compounds, soil amendments or classes of
compounds are derived and furnish sample of label and labeling claims be-
fore registration is accepted.

(f) The application for registration shall be submitted to the Com-
missioner on forms furnished by the Commissioner, and shall be ac-
companied by a * registration fee for each brand and grade, as follows:
(1) a registration fee of two dollars for each brand and grade of com-
mercial fertilizer to be sold in packages or bulk of more than twenty-five
pounds, (2) a registration fee of fifty dollars for each brand and grade of
commercial fertilizer to be sold in packages of twenty-five pounds or less,
and (3) a registration fee of fifty dollars for each brand of soil amendment
to be sold in packages or bulk.

(z) 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 registration,
prompt notification of such change shall be made to the Commissioner.
CH. 444] ACTS OF ASSEMBLY 649

(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) Any person, firm, or corporation desiring to become a contractor
as defined in this chapter shall, before engaging in such business, make
application to the Commissioner on application forms furnished by the
Commissioner for a permit to do business in this State. Each application
shall be accompanied by a remittance of two dollars for each contractor as
a fee for issue of permit. The applicant shall guarantee compliance with
all provisions of this chapter which apply to the sale of bulk fertilizers,
which shall include delivering to the consumer the bulk fertilizer purchased,
in a sworn statement on the application for permit to the Commissioner.
Upon approval by the Commissioner, a copy of the permit shall be furnished
the applicant and when furnished, shall authorize the person receiving
same to do business as a contractor. All permits shall expire on June
thirtieth of each year. ‘

(1) The Commissioner is authorized and empowered to refuse to
register, or to cancel the registration of, any brand of commercial fertilizer
or soil amendment as herein provided, upon satisfactory proof that the
registrant has been guilty of fraudulent and deceptive practice in the
evasion or attempted evasion of the provisions of this chapter or any rule
or regulation promulgated hereunder, provided that no registration shall
be revoked or refused until the registrant shall have been given * an
opportunity to be heard, either orally or in writing, in person or by his
attorney by the Commissioner.

(m) The Commissioner is further authorized and empowered to refuse
to issue a permit to or to cancel the permit of any person desiring to do
business or engaged in business as a contractor under provisions of this
chapter, who shall misbrand or adulterate brands and grades of com-
mercial fertilizer or soil amendments registered for sale in this State, or
who shall evade or attempt to evade any provisions of this chapter or any
rule or regulation promulgated hereunder; provided that no permit shall
be revoked or refused until the contractor shall have been given an op-
portunity to be heard, either orally or in writing, in person or by his
attorney by the Commissioner.

§ 3-117.4. (a) The following information shall be branded or stamped
on, or affixed to each bag or package, or shown on label statements ac-
companying bulk commercial fertilizers in the following order:

1. Net weight of package in pounds or bulk shipments in tons or
pounds;

2. Brand;

8. 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 information
required in this paragraph shall be shown on or attached to the label state-
ment 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.

(d) Any commercial fertilizer offered for sale in this State to con-
sumers, which require dilution prior to application, shall have a statement
of directions fully explaining the rate of dilution and application branded
or stamped on, or affixed to the package or shown on the label statement
accompanying bulk shipment. :

§ 3-117.6. (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,
accompanying 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. Net weight of package in pounds or bulk shipment in tons or pounds;

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

8. 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 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
phosphate 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
registration or before such claims are made.

§ 3-117.7. (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 * person may be permitted to
sell * in packages of twenty-five pounds or less grades of specialty fertilizer
not on the current approved grade list provided they meet the other require-
ments of this act, and provided further that any person may be permitted
to sell in packages of more than twenty-five pounds two, but not exceeding
two, grades of specialty fertilizer not on the current approved grade list,
provided they meet the other requirements of this act. The Commissioner
may, in his discretion, require a sample label and labeling claims, to be
submitted, before registering * any specialty fertilizer.

(c) * The Commissioner may permit the distribution of grades of
commercial fertilizer, not otherwise permitted by this chapter, for re-
CH. 444] ‘ACTS OF ASSEMBLY 651

search or experimental purposes by the Virginia Agricultural Experiment
Station, the Virginia Truck Experiment Station and other State or Federal
agencies authorized by law to conduct agricultural research, and such com-
mercial fertilizer shall be exempt from registration and payment of fees
required under the provisions of this chapter.

(d) It is further provided that any registrant or manufacturer may be
permitted to mix farm crop commercial fertilizers not otherwise permitted
by this chapter, for a consumer's specific use, when granted written
permission by the Commissioner. The Commissioner may grant such per-
mission only after receiving a bona fide written request from a consumer
specifying the commercial fertilizer desired and designating the manufac-
turer. The written permission, made by the Commissioner, shall be in pos-
session of the: manufacturer prior to mixing and delivering the commercial
fertilizer to the consumer. The manufacturer shall forward to the Com-
missioner within twenty-four hours or on the next working day following
date of manufacture of mixture a copy of invoice showing required infor-
mation for the specified mixture of commercial fertilizer. Such mixtures
of commercial fertilizer shall be exempt from registration and the pay-
ment of registration fees, but shall contain not less than eighteen per cent
or units of plant food as provided in this chapter and shall be subject to
inspection, sampling, the inspection fees, assessments for deficiencies or
excesses, a guaranteed analysis, expressed in whole numbers only, as
provided in this chapter and all other provisions of this chapter. The
Board shall establish regulations to protect, as far as practicable, the
consumers of such mixtures and to prevent evasion or abuse of subsection
(a) of this section and other provisions of this chapter.

§ 3-117.8. (a) For the purpose of carrying out the provisions of this
chapter, all registrants or manufacturers who sell any commercial ferti-
lizer in Virginia shall pay to the State Treasurer an inspection fee of
twenty cents per short ton of commercial fertilizer, as follows:

(b) Each registrant or manufacturer, * shall make application to the
Commissioner for a permit to report the tonnage of commercial fertilizer
sold in accordance with which report the inspection fee shall be paid.

(c) The Commissioner shall grant such permit, except that no permit
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 recordg
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 Com-
missioner.

(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
mixed fertilizer and fertilizer materials sold during the preceding months.
If the report is not filed and the inspection fee paid by the tenth day fol-
lowing 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 * registrant or manufacturer.

(f) On individual packages of commercial fertilizer containing *
twenty-five pounds or less, and soil amendments sold in packages or in bulk
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 registra-
tion and inspection fee of fifty dollars for each brand and grade sold,
652 ACTS OF ASSEMBLY ‘ [VA., 1956

unless the annual tonnage of commercial fertilizer sold in packages of
twenty-five pounds or less and soil amendments sold in packages or bulk
exceed two hundred and fifty tons, in which event, the twenty cents per
ton inspection fee shall apply on all excess over two hundred and fifty tons.
Where a person sells commercial fertilizer in packages of * twenty-five
pounds or less and in packages over * twenty-five pounds or in bulk this
annual registration and inspection fee of fifty dollars shall apply only to
that portion sold in packages of * twenty-five pounds or less and that por-
tion sold in packages over * twenty-five pounds or in bulk shall be subject
wy ie same inspection fee of twenty cents per short ton as provided in this
chapter.

(g) Any registrant or manufacturer selling commercial fertilizers
in packages of twenty-five pounds or less and soil amendments in packages
or bulk shall report to the Commissioner annually on July first of each
year the quantity of each brand and grade sold during the preceding year.
This report shall be made on forms furnished by the Commissioner and
failure to make such report on or before the fifteenth day following due
date shall constitute a violation of this chapter and the Commissioner
is authorized to cancel the registration to do business in this State of any
registrant failing to make such report.

(h) Any non-resident person desiring to distribute within this State
any commercial fertilizer in packages of only twenty-five pounds or less,
or any soil amendment shall file a written power of attorney designating
the Secretary of the Commonwealth or a resident agent as the agent of
such non-resident upon whom service of process may be had in the event
of any suit or action against such non-resident person; and such power
of attorney shall be so prepared and in such form as to render effective
the jurisdiction of the courts of Virginia over such non-resident person
and make such person amenable to the jurisdiction of the courts of this
State. The Secretary of the Commonwealth shall be allowed such fees
therefor as provided by law for designating resident agents. The Com-
missioner shall be furnished with a copy of a duly certified copy of such
designation of the Secretary of the Commonwealth or of a resident agent.

(1) For the purpose of compiling statistical data on the consumption
of commercial fertilizer in this State, each registrant selling commercial
fertilizers in packages of more than twenty-five pounds or in bulk to a non-
registrant in this State shall report to the Commissioner the pounds or
tonnage of each grade of commercial fertilizer shipped to each destination
or county in the State. This information may be reported by either of the
following methods: (1) By sending to the Commissioner a copy of the
invoice or order on each shipment of commercial fertilizer in or into this
State, within fifteen days after shipment is made, or (2) By submitting
a summary report on or before January thirty-first of each year, covering
shipments made between July one and December thirty-first of the pre-
ceding year; and on or before July thirty-first of each year, covering ship-
ments made between January one and June thirtieth of the same year.
The Commissioner is authorized to cancel, after due warning, the regis-
trations of any registrant failing to comply with this provision. The
Commission shall publish and distribute, semi-annually, to commercial
fertilizer registrants and other interested persons a composite report
showing the tons of each grade of commercial fertilizer sold in each county
of the State. This report shall in no way divulge the operation of any
registrant.

§ 3-117.19. (a) If the analysis of any commercial fertilizer obtained
in any of the heretofore mentioned methods, shall fall * in value below
the guarantee registered with the Commissioner, or branded on the pack-
age, or shown on the label statement accompanying bulk fertilizer, by the
CHS. 444, 445] ACTS OF ASSEMBLY 653

registrant or manufacturer, * in total nitrogen, available phosphoric acid,
or soluble or available potash a penalty shall be assessed on the original
shipment of commercial fertilizer in accordance with the following pro-
visions

(1) Total Nitrogen: A penalty of three times the commercial value
of the deficiency, if such deficiency is in excess of 0.30 of one per cent on
goods that are guaranteed 8 per cent or less; 0.85 of one per cent on goods
that are guaranteed 4 per cent; 0.40 of one per cent on goods that are
guaranteed over 4 per cent, up to and including 8 per cent; 0.50 of one
per cent on goods guaranteed over 8 per cent, up to and including 30 per
cent; 0.75 of one per cent on goods guaranteed over 80 per cent.

(2) Available Phosphoric Acid: A penalty of three times the com-
mercial value of the deficiency, if such deficiency exceeds 0.40 of one per
cent on goods that are guaranteed up to and including 10 per cent; 0.50
of one per cent on goods that are guaranteed over 10 per cent, up to and
including 25 per cent; 0.75 of one per cent on goods guaranteed over 25
per cent.

(3) Soluble or Available Potash: A penalty of three times the com-
mercial value of the deficiency, if such deficiency is in excess of 0.80 of
one per cent on goods that are guaranteed 3 per cent or less; 0.40 of one
per cent on goods guaranteed 4 per cent; 0.50 of one per cent on goods
guaranteed over 4 per cent, up to and including 8 per cent; 0.60 of one
per cent on goods guaranteed over 8 per cent, up to and including 20 per
cent; 1.00 per cent on goods guaranteed over 20 per cent.

(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.

§ 3-117.21. Should the * magnesium (Mg) or magnesium oxide (MgO)
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 frac-
tion thereof shall be assessed by the Commissioner against the guarantor.

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

§ 3-117.30. * Nothing in this chapter shall prevent the shipment of
commercial fertilizer in bulk, provided the seller accompanies each such
shipment with a statement, showing the number of pounds or tons *
expressed as net 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 registrant or manufacturer, and complies with other pro-
visions of this chapter.

§ 3-117.32. 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.