Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Chapter 10.1 Virginia Fertilizer Act

  • 3.1-106.1 (Repealed effective October 1, 2008) Title
    This chapter shall be known as the "Virginia Fertilizer Act." (1994, c. 740.) ...
  • 3.1-106.2 (Repealed effective October 1, 2008) Definitions
    As used in this chapter, unless the context requires a different meaning: "Board of Agriculture" or "Board" means the Board of Agriculture and Consumer Services. ...
  • 3.1-106.3 (Repealed effective October 1, 2008) Authority of the Commissioner
    The Commissioner shall administer and enforce this chapter. The Commissioner may appoint agents to assist in carrying out the provisions of this chapter and the ...
  • 3.1-106.4 (Repealed effective October 1, 2008) Authority of the Board and the Commissioner to adopt regulatio...
    A. The Board is authorized to promulgate such regulations as may be necessary to give effect to the full intent and meaning of this chapter. ...
  • 3.1-106.4:1 (Repealed effective October 1, 2008) Local government regulation of fertilizer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 ...
  • 3.1-106.4:2 (Repealed effective October 1, 2008) Board authorized to adopt regulations for the application of r...
    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 ...
  • 3.1-106.5 (Repealed effective October 1, 2008) Labeling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 ...
  • 3.1-106.6 (Repealed effective October 1, 2008) Licensing, permitting and registration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 ...
  • 3.1-106.7 (Repealed effective October 1, 2008) Inspection, sampling and analysis
    A. It shall be the duty of the Commissioner or his agent to (i) sample, inspect, analyze, and test any regulated product distributed within the ...
  • 3.1-106.8 (Repealed effective October 1, 2008) Reporting year; inspection fees
    A. The reporting year for regulated products shall be July 1 through June 30 of the following year. Reporting shall be required as follows: 1. ...
  • 3.1-106.9 (Repealed 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 ...
  • 3.1-106.10 (Repealed effective October 1, 2008) Misbranding
    A. No person may distribute misbranded regulated product. Regulated product shall be deemed to be misbranded if: 1. It has a label which is false ...
  • 3.1-106.11 (Repealed effective October 1, 2008) Adulteration
    A. No person may distribute an adulterated regulated product. Regulated product shall be deemed to be adulterated if: 1. It contains any deleterious or harmful ...
  • 3.1-106.12 (Repealed 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 or his agent shall determine ...
  • 3.1-106.13 (Repealed effective October 1, 2008) Plant food deficiency
    A. The Commissioner or his agent shall calculate assessments for a deficiency of (i) nitrogen (N), (ii) available phosphate (P205), or (iii) soluble potash (K20). ...
  • 3.1-106.14 (Repealed 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 ...
  • 3.1-106.15 (Repealed effective October 1, 2008) Stop sale, use, removal, or seizure orders
    The Commissioner or his agent may issue and enforce a written or printed stop sale, use, removal, or seizure order to the owner or custodian ...
  • 3.1-106.16 (Repealed effective October 1, 2008) Seizure and condemnation
    In addition to the provisions of § 3.1-106.17, the Commissioner or his agent may seize any lot of regulated product not in compliance with this ...
  • 3.1-106.17 (Repealed effective October 1, 2008) Violations
    A. The Commissioner or his agent shall determine from the examination of any regulated product if this chapter, or the regulations issued hereunder, have been ...
  • 3.1-106.18 (Repealed effective October 1, 2008) Cancellation of registration or license
    The Commissioner is authorized and empowered to cancel the registration, license or contractor-applicator permit of any person; to cancel the registration of any brand of ...
  • 3.1-106.19 (Repealed 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) ...
  • 3.1-106.20 (Repealed 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 ...
  • 3.1-106.21 (Repealed effective October 1, 2008) Cooperation with other entities
    The Commissioner may cooperate with, and enter into agreement with, other governmental agencies of the Commonwealth, other states, and any agency of the federal government, ...
  • 3.1-106.22 (Repealed effective October 1, 2008) Disposition of fees, assessments, and penalties
    All fees, assessments and penalties, including funds transferred from the Fund for the Sale of Substandard Fertilizer pursuant to § 3.1-106.14, received by the Commissioner ...

Last modified: April 2, 2009