§ 3.1-828.7. (Repealed effective October 1, 2008) Product registration, inspection fees, and reports
A. 1. Any person who distributes (i) medicated feed pursuant to subdivision 3 of this subsection, (ii) small package commercial feed pursuant to subdivision 4 of this subsection, and (iii) specialty pet food pursuant to subdivision 5 of this subsection shall register those commercial feeds with the Commissioner and pay to the Commissioner the registration fees specified in those subdivisions. No person may distribute medicated feed, small package commercial feed, or specialty pet food in the Commonwealth without first obtaining a registration certificate from the Commissioner.
2. The registration year for medicated feed, small package commercial feed and specialty pet food shall be January 1 through December 31. Each registration shall expire on December 31 of the year for which it is issued; however, any registration shall be valid through January 31 of the next ensuing year or until the issuance of the renewal registration, whichever event first occurs, if the holder thereof shall have filed a renewal application with the Commissioner on or before December 31 of the year for which the current registration was issued. Any person who fails to comply with registration renewal requirements shall pay a fifty-dollar late fee to the Commissioner in addition to the registration fee. The Commissioner or his agent may issue a stop sale, use, removal or seizure order on any nonregistered commercial feed until such registration is issued.
3. Any person whose name appears on the label of a medicated feed, except for customer-formula medicated feed, distributed in the Commonwealth shall apply for registration for each medicated feed on forms furnished or approved by the Commissioner; shall pay to the Commissioner by January 1 a registration fee of fifty dollars per medicated feed; and shall submit a copy of the proposed label for such medicated feed for approval with the registration form. The manufacturer or guarantor shall pay to the Commissioner an inspection fee as specified in subsection B. The manufacturer or guarantor is not required to register additional package sizes of the same medicated feed.
4. Any person whose name appears on the label of small package commercial feed, except as specified in subdivision 5 of this subsection, shall apply for registration for each small package commercial feed on forms furnished or approved by the Commissioner, and shall pay a registration fee of fifty dollars to the Commissioner by January 1 per small package commercial feed, in lieu of an inspection fee for this size package. The manufacturer or guarantor shall submit a copy of any label, used or proposed to be used with the small package commercial feed for approval with the registration form. In addition, the manufacturer or guarantor shall report commercial feed tonnage and pay the inspection fee on all packages of the same product name or brand name of any commercial feed registered under this section, sold in packages of greater than ten pounds, as required by subsection B.
5. Any person whose name appears on the label of a specialty pet food distributed in the Commonwealth in individual packages of one pound or less only shall apply for registration for each specialty pet food in individual packages of one pound or less only, on forms furnished or approved by the Commissioner; shall pay to the Commissioner by January 1 a registration fee of thirty-five dollars per specialty pet food to a maximum of $700 for this size package, in lieu of the inspection fee; and shall submit a copy of any label, used or proposed to be used with the specialty pet food, for approval with the registration form.
6. If the Commissioner or his agent, after examination and investigation, finds that the application and labeling of commercial feed comply with this chapter, the Commissioner shall issue a certificate of registration to the applicant upon payment of the specified registration fee. No certificate issued is a recommendation or endorsement by the Commissioner of the product so registered.
7. If the Commissioner or his agent identifies any unregistered commercial feed in commerce in the Commonwealth during the registration year, the Commissioner shall give the guarantor a grace period of fifteen working days from issuance of notification of nonregistration to the guarantor within which to register the product. Any person who fails to register the product within the grace period shall pay a fifty-dollar late fee to the Commissioner in addition to the registration fee. The Commissioner or his agent may issue a stop sale, use, removal or seizure order upon any commercial feed until the registration is issued.
B. 1. The reporting year for commercial feed tonnage shall be January 1 through December 31. The manufacturer or guarantor shall file the tonnage statement with the Commissioner and shall pay to the Commissioner the inspection fee, which shall not be less than thirty-five dollars per year, by February 1 of the next ensuing year. Except when distributing to a contract feeder, any person who manufactures or distributes commercial feed or a component of commercial feed under his label in the Commonwealth, including a person who mixes, mills or processes customer-formula feed, shall file with the Commissioner a tonnage statement and pay to the Commissioner an inspection fee of seven cents per ton of commercial feed per reporting year by February 1. Any person who distributes commercial feed to contract feeders in the Commonwealth shall file with the Commissioner a tonnage statement and pay to the Commissioner an inspection fee of seven cents per ton of commercial feed distributed to contract feeders per reporting year by February 1.
a. Except as provided in clause b of this subdivision, any person who distributes commercial feed to a nonlicensed person shall file the tonnage statement with the Commissioner and pay to the Commissioner the inspection fee as specified in this subsection.
b. The person specified in clause a of this subdivision who distributes commercial feed shall not be required to file the tonnage statement or pay the inspection fee if another person agrees in a written statement, filed with the Commissioner, to file the tonnage statement and pay the inspection fee by February 1.
c. Any person pursuant to the exception specified in clause b of this subdivision who does not file the tonnage statement or pay the inspection fee, shall file with the Commissioner by February 1 a purchasing report on a form furnished or approved by the Commissioner stating the number of tons of commercial feed purchased by such person during the reporting year and from whom the commercial feed was purchased.
2. The Commissioner or his agent may not require a person to pay an inspection fee on a portion of a custom-mix feed that is produced by the purchaser or acquired by the purchaser from a source other than the person who is paying the inspection fee.
3. Any person who manufactures a commercial feed or who distributes a commercial feed in the Commonwealth under his label shall pay to the Commissioner for that period of July 1, 1994, through December 31, 1994, a minimum inspection fee of seventeen dollars and fifty cents per person.
4. Any person who is liable for an inspection fee which is due and owing, and has not been paid to the Commissioner, within fifteen working days following the due date of February 1, shall pay to the Commissioner a late fee of ten percent of the inspection fee due, or fifty dollars, whichever is greater, in addition to the amount of inspection fee owed. The assessment of this late fee shall not prevent the Commissioner from taking other action, as provided for in this chapter.
C. Any person required to pay an inspection fee, or to report commercial feed tonnage, under this chapter, shall keep such records as may be necessary, or required by the Commissioner, to indicate accurately the tonnage of commercial feed, and the product names of any medicated feeds, and the product names of any small package commercial feeds, and the product names of any specialty pet products distributed by the person in the Commonwealth. The person who reports commercial feed tonnage shall retain such records for a period of three years. The Commissioner, or his agent, may examine such records to verify reported statements of tonnage.
D. The Commissioner shall cancel the commercial feed license and product registrations of any person who fails to comply with the chapter by:
1. Failing to file the tonnage report;
2. Falsifying information;
3. Making an inaccurate statement of tonnage distributed in Virginia during any reporting license year;
4. Making an inaccurate listing of medicated feed, small packaged commercial feed, or specialty pet feed for registration;
5. Failing to pay the license, registration or inspection fee;
6. Failing to accurately report any of the information required to be submitted under this chapter;
7. Failing to keep records for a period of three years; or
8. Failing to allow inspection of records as required by subsection C by the Commissioner or his agent.
(1994, c. 743.)
Sections: Previous 3.1-828.1 3.1-828.2 3.1-828.3 3.1-828.4 3.1-828.5 3.1-828.6 3.1-828.7 3.1-828.8 3.1-828.9 3.1-828.10 3.1-828.11 3.1-828.12 3.1-828.13 3.1-828.14 3.1-828.15 NextLast modified: April 2, 2009