§ 3.1-106.6. (Repealed effective October 1, 2008) Licensing, permitting and registration
A. The license year for all distributors and manufacturers, permit year for all contractor-applicators, registration year for any regulated product, and tonnage reporting year are July 1 through June 30 of the following year. Each license, permit or registration shall be issued to expire on June 30 of the year for which it is issued, provided that any license, permit or registration shall be valid through July 31 of the next ensuing license, permit or registration year or until the issuance of the renewal license, permit or registration, whichever event first occurs, if the holder thereof shall have filed a renewal application with the Commissioner on or before June 30 of the year for which the current license, permit, or registration was issued. The manufacturer or guarantor shall file the tonnage report and pay the inspection fee to the Commissioner on August 1 of the year following the license year.
B. Any person whose name appears upon the label of any regulated product as manufacturer or distributor shall obtain a license to distribute in the Commonwealth from the Commissioner prior to distributing said regulated product. The person who distributes regulated product shall file an application with the Commissioner on a form furnished or approved by the Commissioner, and pay to the Commissioner a license fee of fifty dollars.
C. Any person who distributes regulated product shall obtain a license prior to distributing any regulated product for each manufacturing location that it operates and that distributes any regulated product within the Commonwealth. The person who distributes regulated product shall apply for a license on a form furnished or approved by the Commissioner, and pay to the Commissioner a license fee of fifty dollars for each manufacturing location that distributes in the Commonwealth.
D. Any person who distributes regulated product shall include on the application the following:
1. The name and address of the applicant; and
2. The name and address of each of the applicant's distribution points in the Commonwealth.
E. The licensee shall show the name and address shown on the license on:
1. The labels of any regulated product, and pertinent invoices thereof, distributed by the licensee in the Commonwealth; and
2. All storage facilities for any regulated product distributed by the licensee in the Commonwealth.
F. The licensee shall inform the Commissioner in writing of additional distribution points established during the period of the license.
G. In addition to licensing requirements, any person whose name is on the label of and who distributes in the Commonwealth any specialty fertilizer packaged in containers of fifty pounds or less dry net weight, or five gallons or less liquid net volume, shall apply for registration for such specialty fertilizer with the Commissioner on forms furnished or approved by the Commissioner; shall pay to the Commissioner by July 1 of each registration year a registration fee of fifty dollars for each grade under a given brand prior to distributing said fertilizer in the Commonwealth; and shall provide labels for each grade under a given brand with the application. The Commissioner or his agent shall furnish a copy of the registration to the applicant after approval of the registration.
H. In addition to the licensing requirements, any person who distributes in the Commonwealth a soil amendment, soil conditioner, or horticultural growing medium shall apply for registration for such soil amendment, soil conditioner, or horticultural growing medium with the Commissioner on forms furnished or approved by the Commissioner; pay to the Commissioner by July 1 of each registration year a registration fee of $100 for each product name or brand of soil amendment, soil conditioner or horticultural growing medium prior to distributing said product in the Commonwealth; and provide labels for each product name or brand with the application. The Commissioner or his agent shall furnish a copy of the registration to the applicant after approval of the registration.
I. Custom-media and horticultural growing media planted with live plant material are exempt from labeling and registration requirements and inspection fees.
J. Any person applying for registration of a specialty fertilizer, soil amendment, soil conditioner, or horticultural growing medium shall include with the application a label including the following information:
1. For specialty fertilizer, the grade under a given brand; for soil amendments, soil conditioners, or horticultural growing media, the product name or brand;
2. The guaranteed analysis;
3. The name and address of the registrant; and
4. The quantity statement.
K. The Commissioner or his agent may require verification of any labeling claims for any regulated product.
L. If the Commissioner or his agent identifies any unregistered regulated product in commerce in the Commonwealth during the registration year, the Commissioner or his agent shall give the guarantor a grace period of fifteen working days from issuance of notification within which to register the regulated product. Any person required to register any regulated product who fails to register the regulated product within the grace period shall pay to the Commissioner a fifty dollar late fee in addition to the registration fee. The Commissioner or his agent may issue a stop sale, use, removal or seizure order upon any regulated product until the registration is issued.
M. No person, other than a licensee or an agent of a licensee, may distribute or apply any regulated product for profit, unless (i) the person completes an application form furnished by the Commissioner, pays the fifty-dollar annual fee required to be a contractor-applicator, and holds a permit from the Commissioner to be a contractor-applicator; or (ii) the person is an employee or agent of a contractor-applicator who holds a valid permit, in which case no permit is required and no fee is due from such employee or agent. The contractor-applicator shall guarantee compliance with all provisions of this chapter to include an assurance of delivery of the grade of fertilizer as described on the consumer's invoice.
N. Any person who engages in business as a manufacturer or contractor-applicator for a period of at least thirty days or more, and who has failed to obtain a license or permit during that period, shall pay to the Commissioner a fifty dollar late fee, in addition to the license or permit fee.
(1994, c. 740; 1995, c. 104; 2002, c. 473.)
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