§ 3.1-275.1. (Repealed effective October 1, 2008) Registration of lawn and turf seed mixture; change in labelin...
(A) Each and every lawn and turf seed mixture bearing a distinguishing name or trademark in prepackaged containers of one hundred pounds or less shall be registered annually by the person packing or distributing the mixture with the Commissioner or his agent giving the following information:
(1) The brand name of the lawn and turf seed mixture;
(2) A statement indicating the specifications of the lawn and turf seed mixture indicating within five per centum the percentage by weight of each kind of lawn and turf seed in the mixture;
(3) A complete copy of all labeling that is to appear on the container;
(4) An example of the analysis statement that is to appear on each container of a mixture; and
(5) The name and address of the registrant and the name and address of the person whose name will appear on the label.
(B) Every registration shall expire on December 31 of the calendar year for which it was issued: provided that every registration is valid through January 31 of the next ensuing calendar year or until issuance of the renewal registration, whichever event first occurs, if the holder thereof shall have filed a renewal application with the Commissioner or his agent on or before December 31 of the year for which the Commissioner or his agent issued the current registration.
(C) Within the discretion of the Commissioner or his agent, a change in the labeling or specifications of a lawn or turf seed mixture subject to this section may be made within a current registration period without requiring new registration of the product provided the name of the lawn and turf seed mixture and the specifications for the primary ingredients of the mixture are not changed.
(D) The registrant shall pay to the Commissioner an annual registration fee of fifty dollars for each named lawn and turf seed mixture in prepacked containers of 100 pounds or less prior to its distribution in the Commonwealth.
(E) If it appears to the Commissioner or his agent that the components of the lawn and turf seed mixture are such as to warrant the proposed labeling and other claims for it and if the labeling and other material required to be submitted appear to comply with the requirements of this article, he shall register the lawn and turf seed mixture.
(F) If it appears to the Commissioner or his agent that the lawn and turf seed mixture does not warrant the proposed claims made in respect of it or if the mixture and its labeling required to be submitted do not comply with the provisions of this article, he shall notify the registrant of the manner in which the labeling or other material required to be submitted fail to comply with this article so as to afford the registrant an opportunity to make the necessary corrections.
(G) If the Commissioner or his agent identifies any unregistered lawn and turf seed mixture in commerce in the Commonwealth during the registration year, the Commissioner or his agent shall notify the guarantor and grant a grace period of fifteen working days from issuance of notification for the guarantor to register the lawn and turf seed mixture and pay the registration fee without penalty. Any person required to register a lawn and turf seed mixture who fails to register within the fifteen working day 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 the lawn and turf seed mixture until its registration is complete.
(Code 1950, § 3-219.14; 1966, c. 9; 1994, c. 577.)
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