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1999 SESSION

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991717324
HOUSE BILL NO. 2053 Offered January 20, 1999 A BILL to amend and reenact § 3.1-106.17 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 10.1 of Title 3.1 a section numbered 3.1-106.23, relating to the sale of specialty fertilizer; penalty. ---------- Patrons-- Marshall and Murphy ---------- Referred to Committee on Agriculture ----------

Be it enacted by the General Assembly of Virginia:

1. That § 3.1-106.17 of the Code of Virginia is amended and reenacted, and that the Code of Virginia is amended by adding in Chapter 10.1 of Title 3.1 a section numbered 3.1-106.23 as follows:

§ 3.1-106.17. 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 violated. The Commissioner or his agent shall give notice of the violation to the registrant or the licensee responsible for the regulated product, as the case may be, and may give notice to the distributor from whom the Commissioner or his agent sampled the regulated product.

B. Any person convicted of violating any of the provisions of this chapter, except § 3.1-106.23, or the regulations issued hereunder shall be guilty of a Class 3 misdemeanor.

C. Nothing in this chapter shall be construed as requiring the Commissioner or his agent to report for prosecution, or for the institution of seizure proceedings, where the Commissioner considers the violations of the chapter to be minor. In such cases, the Commissioner may serve a suitable notice of warning in writing, when he believes that the public interest will be best served by so doing.

D. The Commissioner is hereby authorized to apply for, and the court to grant, a temporary or permanent injunction restraining any person from violating, or continuing to violate, this chapter or any regulation promulgated under this chapter, notwithstanding the existence of other remedies at law.

§ 3.1-106.23. Sale of specialty fertilizer for lawn use.

A. No retail business shall sell any specialty fertilizer labeled for use on lawns without providing the purchaser of such fertilizer with written information regarding the effects of over-application of the lawn fertilizer on water quality.

B. Any person who sells specialty fertilizer labeled for use on lawns without providing such written information is subject to a fine of not more than fifty dollars for each such violation.