Code of Virginia - Title 3.2 Agriculture, Animal Care, And Food - Chapter 36 Fertilizer

3.2-3600 (Effective October 1, 2008) Definitions.
As used in this chapter, unless the context requires a different meaning: "Brand" means a term, design, trademark or product name under which a regulated ...

3.2-3601 (Effective October 1, 2008) Authority of the Board and the Commissioner to adopt regulations...
A. The Board may adopt such regulations as are necessary to carry out the provisions of this chapter. Such regulations may include investigational allowances, definitions, ...

3.2-3602 (Effective October 1, 2008) Local government regulation of fertilizer.
No locality shall regulate the registration, packaging, labeling, sale, or distribution of fertilizers. The provisions of this section shall not preempt the adoption, amendment, or ...

3.2-3602.1 (Effective October 1, 2008) Board authorized to adopt regulations for the application of regulated ...
A. The Board shall adopt regulations to certify the competence of contractor-applicators and licensees who apply any regulated product to nonagricultural lands. The regulations shall ...

3.2-3603 (Effective October 1, 2008) Publications.
The Commissioner may publish in such forms and with such frequency as he may deem proper: (i) information concerning the distribution of fertilizers; and (ii) ...

3.2-3604 (Effective October 1, 2008) Exchanges between manufacturers.
Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of regulated product between importers, manufacturers, or manipulators who mix fertilizer ...

3.2-3605 (Effective October 1, 2008) License, permit and registration year.
The license year for all distributors and manufacturers, permit year for all contractor-applicators, registration year for any regulated product, and tonnage reporting year is July ...

3.2-3606 (Effective October 1, 2008) Manufacturer and distributor required to obtain license; fee.
A. It is unlawful for any person whose name appears upon the label of any regulated product as manufacturer or distributor to distribute a regulated ...

3.2-3607 (Effective October 1, 2008) Product registration and label requirements; exemptions.
A. In addition to licensing requirements: 1. Any person whose name is on the label of and who distributes in the Commonwealth any specialty fertilizer ...

3.2-3608 (Effective October 1, 2008) Contractor-applicator permit.
A. It is unlawful for any person, other than a licensee or an agent of a licensee, to distribute or apply any regulated product for ...

3.2-3609 (Effective October 1, 2008) Reporting year; inspection fees; distribution to nonlicensees...
A. The reporting year for regulated products shall be July 1 through June 30 of the following year. B. Any person who distributes any regulated ...

3.2-3610 (Effective October 1, 2008) Statistical reports.
A. For commercial fertilizer: 1. Any person distributing or selling commercial fertilizer to a nonlicensee shall furnish the Commissioner a monthly report showing: a. The ...

3.2-3611 (Effective October 1, 2008) Labeling.
A. The manufacturer or guarantor of any regulated product distributed in the Commonwealth shall affix a label to the container or provide an invoice at ...

3.2-3612 (Effective October 1, 2008) Misbranding.
A. It is unlawful to distribute misbranded regulated product. A regulated product shall be deemed to be misbranded if: 1. It has a label that ...

3.2-3613 (Effective October 1, 2008) Adulteration.
A. It is unlawful to distribute an adulterated regulated product. A regulated product shall be deemed to be adulterated if: 1. It contains any deleterious ...

3.2-3614 (Effective October 1, 2008) Commercial value.
For the purpose of determining the commercial value to be applied in making assessments for variance from guarantee, the Commissioner shall determine the values per ...

3.2-3615 (Effective October 1, 2008) Plant food deficiency.
A. The Commissioner shall calculate assessments for a deficiency of: (i) total nitrogen (N); (ii) available phosphate (P205); or (iii) soluble potash (K20). If the ...

3.2-3616 (Effective October 1, 2008) Assessments for variance from label guarantees.
A. The guarantor shall pay to the consumer all assessments for misbranding, adulteration or plant food deficiency on the lot of regulated product represented by ...

3.2-3617 (Effective October 1, 2008) Fund established; disposition of fees, assessments, and penalties...
A. There is hereby created in the state treasury a special nonreverting fund to be known as the Feed, Lime, Fertilizer, and Animal Remedies Fund, ...

3.2-3618 (Effective October 1, 2008) Inspection, sampling and analysis; penalty.
A. The Commissioner shall: (i) sample, inspect, analyze, and test any regulated product distributed within the Commonwealth; (ii) inspect storage facilities where such regulated product ...

3.2-3619 (Effective October 1, 2008) Stop sale, use, removal, or seizure orders.
The Commissioner may issue and enforce a written or printed stop sale, use, removal, or seizure order to the owner or custodian of any lot ...

3.2-3620 (Effective October 1, 2008) Seizure and condemnation.
In addition to the provisions of § 3.2-3623, the Commissioner may seize any lot of regulated product not in compliance with this chapter. The Commissioner ...

3.2-3621 (Effective October 1, 2008) Cancellation of registration, permit, or license.
A. The Commissioner may: (i) cancel the registration, license or contractor-applicator permit of any person; (ii) cancel the registration of any brand of regulated product; ...

3.2-3622 (Effective October 1, 2008) Commissioner's actions; injunction.
A. Nothing in this chapter shall require the Commissioner to report for prosecution, or institute seizure proceedings, where the Commissioner considers the violations of the ...

3.2-3623 (Effective October 1, 2008) Violations.
A. The Commissioner shall give notice of the violation to the registrant or the licensee responsible for the regulated product, and may give notice to ...