3.2-3607 - Product registration and label requirements; exemptions.
§ 3.2-3607. Product registration and label requirements; exemptions.
A. In addition to licensing requirements:
1. Any person whose name is on the label of and who distributes in theCommonwealth any specialty fertilizer packaged in containers of 50 pounds orless dry net weight, or five gallons or less liquid net volume, shall: (i)apply for registration for such specialty fertilizer with the Commissioner onforms furnished or approved by the Commissioner; (ii) pay to the Commissionerby July 1 of each registration year a registration fee of $50 for each gradeunder a given brand prior to distributing the fertilizer in the Commonwealth;and (iii) provide labels for each grade under a given brand with theapplication.
2. Any person who distributes in the Commonwealth a soil amendment, soilconditioner, or horticultural growing medium shall: (i) apply forregistration for such soil amendment, soil conditioner, or horticulturalgrowing medium with the Commissioner on forms furnished or approved by theCommissioner; (ii) pay to the Commissioner by July 1 of each registrationyear a registration fee of $100 for each product name or brand of soilamendment, soil conditioner or horticultural growing medium prior todistributing the product in the Commonwealth; and (iii) provide labels foreach product name or brand with the application.
B. The Commissioner shall furnish a copy of the registration to the applicantafter approval of the registration.
C. Any person applying for registration of a specialty fertilizer, soilamendment, soil conditioner, or horticultural growing medium shall includewith the application a label that includes the following information:
1. For specialty fertilizer, the grade under a given brand; for soilamendments, soil conditioners, or horticultural growing media, the productname or brand;
2. The guaranteed analysis;
3. The name and address of the registrant; and
4. The quantity statement.
D. The Commissioner may require verification of any labeling claims for anyregulated product.
E. Custom-media and horticultural growing media planted with live plantmaterial are exempt from labeling and registration requirements andinspection fees.
F. The Commissioner shall give the guarantor or manufacturer of anyunregistered regulated product in commerce in the Commonwealth, a graceperiod of 15 working days from issuance of notification within which toregister the regulated product. Any person required to register any regulatedproduct who fails to register the regulated product within the grace periodshall pay to the Commissioner a $50 late fee in addition to the registrationfee. The Commissioner may issue a stop sale, use, removal or seizure orderupon any regulated product until the registration is issued.
(1994, c. 740, § 3.1-106.6; 1995, c. 104; 2002, c. 473; 2008, c. 860.)