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1994 SESSION

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SB 283 The Virginia Fertilizer Act.

Introduced by: Richard J. Holland | all patrons    ...    notes | add to my profiles

SUMMARY:

The Virginia Fertilizer Act. Repeals the Virginia Fertilizer Law of 1970 and enacts the Virginia Fertilizer Act. In general the fertilizer law is updated to keep up with changes in the field. Added authority is given to the Board of Agricultural and Consumer Services to promulgate regulations for distribution and storage of fertilizer. Labeling requirements are established. Requirements for licensing and product registration are set out. The licensing requirements are expanded to include guarantors of fertilizer. Authority is available to the Commissioner to inspect and analyze samples and to inspect storage facilities. Inspection fees and tonnage reporting requirements are established. Inspection fees are now to be paid on all tons, and exemptions for soil conditioners and specialty fertilizers are removed. Soil amendments and horticultural growing media are added to the materials to which the reporting requirement and fees apply. Conditions concerning misbranding and adulteration are set out. The Commissioner is allowed to determine the commercial value of fertilizer to be applied in making an assessment for a variance from a guarantee. An "assessment" system is established for plant food deficiencies and replaces penalties. A guarantor must pay the assessment to the consumer within 60 days rather than the current 90. If the consumer cannot be found, the funds are to be paid to the "Sale of Substandard Fertilizer Special Fund." Moneys in this fund are to be credited to the Department in ninety days rather than to the General Fund in two years. Fees and assessments are to be deposited to the credit of the Department instead of to the general fund as is the current practice. A percentage of the fee per ton is to be contributed to the Virginia Agricultural Fund.


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