2006 Code of Virginia § 3.1-106.6 - Licensing, permitting and registration

3.1-106.6. Licensing, permitting and registration.

A. The license year for all distributors and manufacturers, permit year forall contractor-applicators, registration year for any regulated product, andtonnage reporting year are July 1 through June 30 of the following year. Eachlicense, permit or registration shall be issued to expire on June 30 of theyear for which it is issued, provided that any license, permit orregistration shall be valid through July 31 of the next ensuing license,permit or registration year or until the issuance of the renewal license,permit or registration, whichever event first occurs, if the holder thereofshall have filed a renewal application with the Commissioner on or beforeJune 30 of the year for which the current license, permit, or registrationwas issued. The manufacturer or guarantor shall file the tonnage report andpay the inspection fee to the Commissioner on August 1 of the year followingthe license year.

B. Any person whose name appears upon the label of any regulated product asmanufacturer or distributor shall obtain a license to distribute in theCommonwealth from the Commissioner prior to distributing said regulatedproduct. The person who distributes regulated product shall file anapplication with the Commissioner on a form furnished or approved by theCommissioner, and pay to the Commissioner a license fee of fifty dollars.

C. Any person who distributes regulated product shall obtain a license priorto distributing any regulated product for each manufacturing location that itoperates and that distributes any regulated product within the Commonwealth.The person who distributes regulated product shall apply for a license on aform furnished or approved by the Commissioner, and pay to the Commissioner alicense fee of fifty dollars for each manufacturing location that distributesin the Commonwealth.

D. Any person who distributes regulated product shall include on theapplication the following:

1. The name and address of the applicant; and

2. The name and address of each of the applicant's distribution points in theCommonwealth.

E. The licensee shall show the name and address shown on the license on:

1. The labels of any regulated product, and pertinent invoices thereof,distributed by the licensee in the Commonwealth; and

2. All storage facilities for any regulated product distributed by thelicensee in the Commonwealth.

F. The licensee shall inform the Commissioner in writing of additionaldistribution points established during the period of the license.

G. In addition to licensing requirements, any person whose name is on thelabel of and who distributes in the Commonwealth any specialty fertilizerpackaged in containers of fifty pounds or less dry net weight, or fivegallons or less liquid net volume, shall apply for registration for suchspecialty fertilizer with the Commissioner on forms furnished or approved bythe Commissioner; shall pay to the Commissioner by July 1 of eachregistration year a registration fee of fifty dollars for each grade under agiven brand prior to distributing said fertilizer in the Commonwealth; andshall provide labels for each grade under a given brand with the application.The Commissioner or his agent shall furnish a copy of the registration to theapplicant after approval of the registration.

H. In addition to the licensing requirements, any person who distributes inthe Commonwealth a soil amendment, soil conditioner, or horticultural growingmedium shall apply for registration for such soil amendment, soilconditioner, or horticultural growing medium with the Commissioner on formsfurnished or approved by the Commissioner; pay to the Commissioner by July 1of each registration year a registration fee of $100 for each product name orbrand of soil amendment, soil conditioner or horticultural growing mediumprior to distributing said product in the Commonwealth; and provide labelsfor each product name or brand with the application. The Commissioner or hisagent shall furnish a copy of the registration to the applicant afterapproval of the registration.

I. Custom-media and horticultural growing media planted with live plantmaterial are exempt from labeling and registration requirements andinspection fees.

J. Any person applying for registration of a specialty fertilizer, soilamendment, soil conditioner, or horticultural growing medium shall includewith the application a label including 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.

K. The Commissioner or his agent may require verification of any labelingclaims for any regulated product.

L. If the Commissioner or his agent identifies any unregistered regulatedproduct in commerce in the Commonwealth during the registration year, theCommissioner or his agent shall give the guarantor a grace period of fifteenworking days from issuance of notification within which to register theregulated product. Any person required to register any regulated product whofails to register the regulated product within the grace period shall pay tothe Commissioner a fifty dollar late fee in addition to the registration fee.The Commissioner or his agent may issue a stop sale, use, removal or seizureorder upon any regulated product until the registration is issued.

M. No person, other than a licensee or an agent of a licensee, may distributeor apply any regulated product for profit, unless (i) the person completes anapplication form furnished by the Commissioner, pays the fifty-dollar annualfee required to be a contractor-applicator, and holds a permit from theCommissioner to be a contractor-applicator; or (ii) the person is an employeeor agent of a contractor-applicator who holds a valid permit, in which caseno permit is required and no fee is due from such employee or agent. Thecontractor-applicator shall guarantee compliance with all provisions of thischapter to include an assurance of delivery of the grade of fertilizer asdescribed on the consumer's invoice.

N. Any person who engages in business as a manufacturer orcontractor-applicator for a period of at least thirty days or more, and whohas failed to obtain a license or permit during that period, shall pay to theCommissioner a fifty dollar late fee, in addition to the license or permitfee.

(1994, c. 740; 1995, c. 104; 2002, c. 473.)