2006 Code of Virginia § 3.1-828.7 - Product registration, inspection fees, and reports

3.1-828.7. Product registration, inspection fees, and reports.

A. 1. Any person who distributes (i) medicated feed pursuant to subdivision 3of this subsection, (ii) small package commercial feed pursuant tosubdivision 4 of this subsection, and (iii) specialty pet food pursuant tosubdivision 5 of this subsection shall register those commercial feeds withthe Commissioner and pay to the Commissioner the registration fees specifiedin those subdivisions. No person may distribute medicated feed, small packagecommercial feed, or specialty pet food in the Commonwealth without firstobtaining a registration certificate from the Commissioner.

2. The registration year for medicated feed, small package commercial feedand specialty pet food shall be January 1 through December 31. Eachregistration shall expire on December 31 of the year for which it is issued;however, any registration shall be valid through January 31 of the nextensuing year or until the issuance of the renewal registration, whicheverevent first occurs, if the holder thereof shall have filed a renewalapplication with the Commissioner on or before December 31 of the year forwhich the current registration was issued. Any person who fails to complywith registration renewal requirements shall pay a fifty-dollar late fee tothe Commissioner in addition to the registration fee. The Commissioner or hisagent may issue a stop sale, use, removal or seizure order on anynonregistered commercial feed until such registration is issued.

3. Any person whose name appears on the label of a medicated feed, except forcustomer-formula medicated feed, distributed in the Commonwealth shall applyfor registration for each medicated feed on forms furnished or approved bythe Commissioner; shall pay to the Commissioner by January 1 a registrationfee of fifty dollars per medicated feed; and shall submit a copy of theproposed label for such medicated feed for approval with the registrationform. The manufacturer or guarantor shall pay to the Commissioner aninspection fee as specified in subsection B. The manufacturer or guarantor isnot required to register additional package sizes of the same medicated feed.

4. Any person whose name appears on the label of small package commercialfeed, except as specified in subdivision 5 of this subsection, shall applyfor registration for each small package commercial feed on forms furnished orapproved by the Commissioner, and shall pay a registration fee of fiftydollars to the Commissioner by January 1 per small package commercial feed,in lieu of an inspection fee for this size package. The manufacturer orguarantor shall submit a copy of any label, used or proposed to be used withthe small package commercial feed for approval with the registration form. Inaddition, the manufacturer or guarantor shall report commercial feed tonnageand pay the inspection fee on all packages of the same product name or brandname of any commercial feed registered under this section, sold in packagesof greater than ten pounds, as required by subsection B.

5. Any person whose name appears on the label of a specialty pet fooddistributed in the Commonwealth in individual packages of one pound or lessonly shall apply for registration for each specialty pet food in individualpackages of one pound or less only, on forms furnished or approved by theCommissioner; shall pay to the Commissioner by January 1 a registration feeof thirty-five dollars per specialty pet food to a maximum of $700 for thissize package, in lieu of the inspection fee; and shall submit a copy of anylabel, used or proposed to be used with the specialty pet food, for approvalwith the registration form.

6. If the Commissioner or his agent, after examination and investigation,finds that the application and labeling of commercial feed comply with thischapter, the Commissioner shall issue a certificate of registration to theapplicant upon payment of the specified registration fee. No certificateissued is a recommendation or endorsement by the Commissioner of the productso registered.

7. If the Commissioner or his agent identifies any unregistered commercialfeed in commerce in the Commonwealth during the registration year, theCommissioner shall give the guarantor a grace period of fifteen working daysfrom issuance of notification of nonregistration to the guarantor withinwhich to register the product. Any person who fails to register the productwithin the grace period shall pay a fifty-dollar late fee to the Commissionerin addition to the registration fee. The Commissioner or his agent may issuea stop sale, use, removal or seizure order upon any commercial feed until theregistration is issued.

B. 1. The reporting year for commercial feed tonnage shall be January 1through December 31. The manufacturer or guarantor shall file the tonnagestatement with the Commissioner and shall pay to the Commissioner theinspection fee, which shall not be less than thirty-five dollars per year, byFebruary 1 of the next ensuing year. Except when distributing to a contractfeeder, any person who manufactures or distributes commercial feed or acomponent of commercial feed under his label in the Commonwealth, including aperson who mixes, mills or processes customer-formula feed, shall file withthe Commissioner a tonnage statement and pay to the Commissioner aninspection fee of seven cents per ton of commercial feed per reporting yearby February 1. Any person who distributes commercial feed to contract feedersin the Commonwealth shall file with the Commissioner a tonnage statement andpay to the Commissioner an inspection fee of seven cents per ton ofcommercial feed distributed to contract feeders per reporting year byFebruary 1.

a. Except as provided in clause b of this subdivision, any person whodistributes commercial feed to a nonlicensed person shall file the tonnagestatement with the Commissioner and pay to the Commissioner the inspectionfee as specified in this subsection.

b. The person specified in clause a of this subdivision who distributescommercial feed shall not be required to file the tonnage statement or paythe inspection fee if another person agrees in a written statement, filedwith the Commissioner, to file the tonnage statement and pay the inspectionfee by February 1.

c. Any person pursuant to the exception specified in clause b of thissubdivision who does not file the tonnage statement or pay the inspectionfee, shall file with the Commissioner by February 1 a purchasing report on aform furnished or approved by the Commissioner stating the number of tons ofcommercial feed purchased by such person during the reporting year and fromwhom the commercial feed was purchased.

2. The Commissioner or his agent may not require a person to pay aninspection fee on a portion of a custom-mix feed that is produced by thepurchaser or acquired by the purchaser from a source other than the personwho is paying the inspection fee.

3. Any person who manufactures a commercial feed or who distributes acommercial feed in the Commonwealth under his label shall pay to theCommissioner for that period of July 1, 1994, through December 31, 1994, aminimum inspection fee of seventeen dollars and fifty cents per person.

4. Any person who is liable for an inspection fee which is due and owing, andhas not been paid to the Commissioner, within fifteen working days followingthe due date of February 1, shall pay to the Commissioner a late fee of tenpercent of the inspection fee due, or fifty dollars, whichever is greater, inaddition to the amount of inspection fee owed. The assessment of this latefee shall not prevent the Commissioner from taking other action, as providedfor in this chapter.

C. Any person required to pay an inspection fee, or to report commercial feedtonnage, under this chapter, shall keep such records as may be necessary, orrequired by the Commissioner, to indicate accurately the tonnage ofcommercial feed, and the product names of any medicated feeds, and theproduct names of any small package commercial feeds, and the product names ofany specialty pet products distributed by the person in the Commonwealth. Theperson who reports commercial feed tonnage shall retain such records for aperiod of three years. The Commissioner, or his agent, may examine suchrecords to verify reported statements of tonnage.

D. The Commissioner shall cancel the commercial feed license and productregistrations of any person who fails to comply with the chapter by:

1. Failing to file the tonnage report;

2. Falsifying information;

3. Making an inaccurate statement of tonnage distributed in Virginia duringany reporting license year;

4. Making an inaccurate listing of medicated feed, small packaged commercialfeed, or specialty pet feed for registration;

5. Failing to pay the license, registration or inspection fee;

6. Failing to accurately report any of the information required to besubmitted under this chapter;

7. Failing to keep records for a period of three years; or

8. Failing to allow inspection of records as required by subsection C by theCommissioner or his agent.

(1994, c. 743.)