3.2-4009 - Lawn and turf seed mixture; registration and labeling.
§ 3.2-4009. Lawn and turf seed mixture; registration and labeling.
A. Any person packing or distributing lawn and turf seed mixture bearing adistinguishing name or trademark in prepackaged containers of 100 pounds orless shall register the mixture annually with the Commissioner and providethe following information:
1. The brand name of the lawn and turf seed mixture;
2. A statement of the specifications of the lawn and turf seed mixtureindicating within five percent the percentage by weight of each kind of lawnand turf seed in the mixture;
3. A complete copy of all labeling that is to appear on the container;
4. An example of the analysis statement that is to appear on each containerof a mixture; and
5. The name and address of the registrant and the name and address of theperson whose name will appear on the label.
B. Every registration shall expire on December 31. If the holder files arenewal application on or before December 31, his registration shall remainvalid through January 31 or until issuance of the renewal registration,whichever event first occurs.
C. The Commissioner may permit a change in the labeling or specifications ofa lawn or turf seed mixture within a registration period without requiringnew registration of the product provided that the name of the lawn and turfseed mixture and the specifications for the primary ingredients of themixture are not changed.
D. The registrant shall pay to the Commissioner an annual registration fee of$50 for each named lawn and turf seed mixture in prepacked containers of 100pounds or less prior to its distribution.
E. The Commissioner shall register the lawn and turf seed mixture if he findsthat the components of the lawn and turf seed mixture are such as to warrantthe proposed labeling and other claims for it and if the labeling and othersubmitted material comply with the requirements of this article.
F. If the Commissioner finds that the lawn and turf seed mixture does notwarrant the proposed claims made for it or if the mixture and its labeling donot comply with the provisions of this article, he shall notify theregistrant of the manner of noncompliance to afford the registrant anopportunity to make the necessary corrections.
G. If the Commissioner identifies any unregistered lawn and turf seed mixtureduring the registration year, he shall notify the guarantor and grant a graceperiod of 15 working days from issuance of notification for the guarantor toregister the lawn and turf seed mixture and pay the registration fee withoutpenalty. Any person required to register a lawn and turf seed mixture whofails to register within the 15 working day grace period shall pay to theCommissioner a $50 late fee in addition to the registration fee. TheCommissioner may issue a stop sale, use, removal, or seizure order upon thelawn and turf seed mixture until its registration is complete.
(Code 1950, § 3-219.14; 1966, c. 9, § 3.1-275.1; 1994, c. 577; 2008, c. 860.)