H. B. 4074
(By Delegates Kelley, Yeager, Boggs, Ennis,
Willis, Campbell and Williams)
[Introduced January 18, 2000; referred to the
Committee on Agriculture and Natural Resources then
A BILL to amend and reenact sections one, two, three, four, five,
six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen and eighteen, article
fifteen, chapter nineteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating to
updating the West Virginia fertilizer law; definitions;
registration; labels; inspection fees; tonnage reports;
inspection, sampling and analysis; plant nutrient
deficiencies; commercial value; misbranding; adulteration;
publications; rules; short weight; cancellation of
registrations; embargo orders; seizure, condemnation and sale
of product; violations; and exchanges between manufacturers.
Be it enacted by the Legislature of West Virginia:
That sections one, two, three, four, five, six, seven, eight,
nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen and eighteen, article fifteen, chapter nineteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 15. WEST VIRGINIA FERTILIZER LAW.
§19-15-1. Definitions of words and terms.
(a) "Brand" means a term, design or trademark used in
connection with one or several grades of
(b) "Bulk fertilizer" means
a commercial fertilizer
distributed in a nonpackaged form fertilizer delivered to the
purchaser either in solid or liquid state in a nonpackage form to
which a label cannot be attached.
"Commercial" "Fertilizer" means any substance containing
one or more recognized plant nutrients which is used for its plant
nutrient content, including natural organic fertilizer, and which
is designed for use or claimed to have value in promoting plant
growth, except unmanipulated animal and vegetable manures, marl,
lime, limestone, wood ashes and gypsum, and other products exempted
by regulation of the commissioner.
(d) "Commissioner" means the commissioner of agriculture of
the state of West Virginia or his or her duly authorized agent.
(e) "Department" means the department of agriculture of the
state of West Virginia.
(f) "Distributor" means any person who
imports, consigns, manufactures, produces, compounds, mixes or blends commercial
fertilizer, or who offers for sale, sells, barters or otherwise
supplies commercial distributes fertilizer in this state.
(g) "Fertilizer material" means a
commercial fertilizer which
(1) Contains important quantities of no more than one of the
primary plant nutrients (nitrogen (N),
phosphoric acid available
phosphate (P205) and soluble potash (K201), or
approximately eighty-five percent of its plant
nutrient content present in the form of a single chemical compound,
(3) Is derived from a plant or animal residue or by-product or
a natural material deposit which has been processed in such a way
that its content of primary plant nutrients has not been materially
changed except by purification and concentration.
(h) "Grade" means the percentage of total nitrogen, available
phosphorus or phosphoric acid, and soluble potassium or soluble
potash stated in whole numbers in the same terms, order and
percentages as in the guaranteed analysis phosphate, and soluble
potash stated in whole numbers in the same terms, order and
percentages as in the guaranteed analysis: Provided, That
specialty fertilizers may be guaranteed in fractional units of less
than one percent of total nitrogen, available phosphate and soluble
potash: Provided, however, That fertilizer materials, bone meal, manures and similar raw materials may be guaranteed in fractional
(i) "Guaranteed analysis" means the minimum percentage of
plant nutrients claimed in the following order and form:
(1) Total nitrogen (N) ................. percent
phosphoric acid phosphate (P205) ........ percent
Soluble potash (K20) ............... percent
(2) For unacidulated mineral phosphatic materials and basic
slag, bone, tankage and other organic
materials, the total phosphoric acid available phosphate or degree
of fineness may also be guaranteed.
(3) Guarantees for other plant nutrients
other than nitrogen,
phosphorus and potassium may be permitted or required by regulation
of the commissioner, The guarantees for such other nutrients and
shall be expressed in the form of the element. The sources of such
other nutrients (oxides, salt, chelates, etc.) may be required to
be stated on the application for registration and may be included
as a parenthetical statement on the label. Other beneficial
substances or compounds, determinable by laboratory methods, also
may be guaranteed by permission of the commissioner. When any
plant nutrients or other substances or compounds are guaranteed,
they shall be subject to inspection and analysis in accord with the
methods and regulations prescribed by the commissioner.
(4) Potential basicity and acidity expressed in terms of calcium carbonate equivalent in multiples of one hundred pounds per
ton, when required by regulation, or
(5) When the commissioner finds that the requirements for
expressing the guaranteed analysis of phosphorus and potassium in
elemental form would not impose an economic hardship on
distributers and users of fertilizer by reason of conflicting
labeling requirements among the states, he may require by
regulations thereafter that the "guaranteed analysis" shall be in
the following form:
Total nitrogen (N) .......................... percent
Available phosphorus (P) .................... percent
Soluble potassium (K) ....................... percent
Provided, That the effective date of said regulation shall not be
less than six months following the issuance thereof: Provided,
however, That for a period of two years following the effective
date of said regulation the equivalent of phosphorus and potassium
may also be shown in the form of phosphoric acid and potash:
Provided further, That after the effective date of a regulation
issued under the provisions of this section, requiring that
phosphorus and potassium be shown in the elemental form, the
guaranteed analysis for nitrogen, phosphorus and potassium shall
constitute the grade.
(j) "Investigational allowance" means an allowance for
variations inherent in
taking the collection, preparation and analysis of an official sample of commercial fertilizer regulated
(k) "Label" means the display of all written, printed or
graphic matter upon the immediate container or statement
commercial fertilizer regulated product. Label may
be in multiple languages but one language must be English.
(l) "Labeling" means all written, printed or graphic matter,
upon or accompanying any
commercial fertilizer regulated product,
or advertisements, brochures, posters television and radio or
electronic announcements used in promoting the sale of such
commercial fertilizers regulated products.
(m) "Mixed fertilizer" means a
containing any combination or mixture of fertilizer materials.
(n) "Official sample" means any sample of
fertilizer taken regulated product collected by the commissioner or
his or her agent and designated as "official" by the commissioner.
(o) "Percent or percentage" means the percentage by weight.
(p) "Person" means an individual, partnership, association,
firm or corporation.
(q) "Registrant" means the person who registers
regulated products under the provisions of this article.
(r) "Specialty fertilizer" means a
distributed primarily for nonfarm use, such as home gardens, lawns,
shrubbery, flowers, house plants, golf courses, municipal parks, cemeteries, greenhouses and nurseries.
(s) "Ton" means a net weight of two thousand pounds
(t) "Compost" means a biologically stable material derived
from the composting process.
(u) "Custom media" means a horticultural growing medium which
is prepared to exact specifications of the person who will be
planting in the medium.
(v) "Distribute" means to import, consign, manufacture
(produce, compound, mix, blend, or in any way alter, the chemical
or physical characteristics of a regulated product), or to offer
for sale, sell, barter, warehouse or otherwise supply a regulated
product in this state.
(w) "Embargo" means a written stop sale order issued by the
commissioner of agriculture prohibiting the sale, use of or
transportation of any regulated product in any manner until the
embargo is released by the commissioner.
(x) "Horticultural growing medium" means any substance or
mixture of substances which is promoted as or is intended to
function as a commercial or consumer growing medium for the managed
growth of horticultural crops in containers.
(y) "Manufacturer" means any person who manufactures,
produces, compounds, mixes, blends or in any way alters the
chemical or physical characteristics of any regulated product.
(z) "Natural organic fertilizer" means materials derived from
either plant or animal products containing one or more elements
(other than carbon, hydrogen, and oxygen) which are essential for
plant growth. These materials may be subjected to biological
degradation processes under normal conditions of aging, rainfall,
sun-curing, air drying, composting, rotting, enzymatic, or
anaerobic/aerobic bacterial action, or any combination of these.
These materials shall not be mixed with synthetic materials or
changed in any physical or chemical manner from their initial state
except by manipulations such as drying, cooking, chopping,
grinding, shredding, hydrolysis or pelleting.
(aa) "Primary nutrients" means the following plant foods:
Nitrogen (N); available phosphate (P205); and soluble potash (K20).
(bb) "Regulated product" means any product governed by this
article, including any fertilizer, specialty fertilizer, soil
amendment and horticultural growing medium.
(cc) "Soil amendment" means any substance or mixture of
substances, imported, manufactured, prepared or sold for manurial,
soil enriching or soil corrective purposes, or intended to be used
for promoting or stimulating the growth of plants, increasing the
productivity of plants, improving the quality of crops or producing
any chemical or physical change in the soil. The following are
exempt from the definition of "soil amendment": Fertilizer,
unmanipulated animal manures, horticultural growing medium, agricultural liming materials, unmixed mulch and unmixed peat.
(dd) "Synthetic" means any substance generated from another
material or materials by means of a chemical reaction.
(ee) "Unmanipulated manure" means substances composed of the
excreta of domestic animals, or domestic fowls, which has not been
processed or conditioned in any manner, including, but not limited
to, processing or conditioning by drying, grinding, pelleting,
shredding, addition of plant food, mixing artificially with any
material or materials (other than those which have been used for
bedding, sanitary or feeding purposes for such animals or fowls) or
by any other means.
(a) Any person or persons whose name appears upon the label of
any regulated product as manufacturer or distributor shall obtain
a permit to distribute in the state prior to distributing said
regulated product. The application for registration shall be
submitted to the commissioner on forms furnished or approved by the
commissioner, and shall be accompanied by a fee as established by
(a) (b) Each brand and/ or grade of commercial fertilizer
regulated product shall be registered before being distributed in
this state. The application for registration shall be submitted to
the commissioner on forms furnished or approved by the
commissioner, and shall be accompanied by a fee of one dollar per brand and grade, except that those fertilizers sold in packages of
ten pounds or less shall be registered at a fee of ten dollars each
as established by legislative rule. Upon approval by the
commissioner a copy of the registration shall be furnished to the
All registrations expire on the thirtieth day of June of the
The application for fertilizer, soil amendment or
horticultural growing medium shall include the following
(1) The net weight;
(2) The brand
and/ or grade;
(3) (i) For fertilizer, the guaranteed analysis;
and(ii) For soil amendment, the guaranteed analysis:
Soil amending ingredients
"Name of ingredient"......%
(identify and list all)
Total Other Ingredients...%
(iii) For horticultural growing medium
(A) Physical components
(identify and list all)
(B) Physical properties;
(C) Medium nutrient analysis;
(4) Purpose of product;
(5) Directions for application; and
(4) (6) The name and address of the registrant.
(b) (c) A distributor shall not be is not required to register
any commercial fertilizer regulated product which is already
registered under this article by another person, providing the
label does not differ in any respect.
(c) (d) A distributor shall not be is not required to register
each grade of commercial fertilizer regulated product formulated
according to specifications which are furnished by a consumer prior
to mixing, but shall be required to register his or her firm in a
manner and at a fee as prescribed in the regulations by the
commissioner established by legislative rule and to label such
fertilizer as provided in subsection (b), section three of this
(e) Any person applying for registration of a fertilizer or
specialty fertilizer, soil amendment or horticultural growing
medium shall include with the application a label and advertising
(f) The commissioner may require proof of any claims made for
any regulated product. If no claims are made, he or she may
require proof of usefulness and value of the regulated product.
For evidence of proof the commissioner may rely on experimental
data, evaluations or advice supplied from such sources as the
director of the agricultural experiment station. The experimental design shall be related to state conditions for which the product
is intended. The commissioner may accept or reject other sources
of proof as additional evidence in evaluating regulated products.
(g) If the commissioner identifies any unregistered regulated
product in commerce or any regulated product from any nonregistered
manufacturer or distributor during the registration year, the
commissioner shall give the grantor a grace period of fifteen
working days from issuance of notification within which to register
the regulated product or distributor. Any person required to
register regulated products or as a distributor, who fails to
register within the grace period shall pay to the commissioner a
penalty fee as established by legislative rule in addition to the
registration fee. The commissioner may issue an embargo order on
any regulated product until the registration is issued.
(h) Exemptions for horticultural growing medium:
(1) Distribution of horticultural growing media planted with
live plant material is exempt from the labeling and registration
requirements imposed pursuant to this article.
(2) Distribution of custom media is exempt from registration
requirements imposed pursuant to this article if it is prepared for
a single end user.
(3) Distribution of horticultural growing media containing
plant nutrients three percent or less shall be exempt from the
requirements of this article.
commercial fertilizer regulated product distributed in
this state in containers shall have placed on or affixed to the
container a label setting forth in clearly legible and conspicuous
form the information required by subdivisions (1), (2), (3) and
(4), subsection (a) (b), section two of this article. In case of
bulk shipments, this information in written or printed form shall
accompany delivery and be supplied to the purchaser at time of
commercial fertilizer regulated product formulated
according to specifications which are furnished by a consumer prior
to mixing shall be labeled to show the net weight, guaranteed
analysis of each ingredient, guaranteed analysis of the finished
product and the name and address of the distributor.
§19-15-4. Inspection fees.
(a) There shall be paid to the commissioner for all
fertilizers distributed in this state an inspection fee at the rate
of twenty cents per ton as established by legislative rule:
Provided, That sales to manufacturers or exchanges between them are
hereby exempted. Fees so collected shall be used for the payment
of the costs of inspection, sampling and analysis, and other
expenses necessary for the administration of this article.
On individual packages of
commercial fertilizer containing ten
pounds or less, there shall be paid in lieu of the twenty cents per ton inspection fee, an inspection fee of ten dollars a per ton
inspection fee, an inspection fee as established by legislative
rule for each brand and grade sold or distributed. Where a person
sells commercial fertilizer in packages over ten pounds the
inspection fee of ten dollars shall apply only to that portion sold
in packages of ten pounds or less, and that portion sold in
packages over ten pounds shall be subject to the same per ton
inspection fee of twenty cents per ton as provided in this articleby legislative rule.
(b) Every person who distributes a
commercial fertilizer in
this state shall:
File with the commissioner on forms furnished or approved by
the commissioner a quarterly statement for the periods ending on
the thirtieth day of September, the thirty-first day of December,
the thirty-first day of March and the thirtieth day of June,
setting forth the number of net tons of each
distributed in this state during such quarter. The report shall be
due on or before the thirtieth day of the month following the close
of each quarter and upon such statement shall pay the inspection
fee at the rate stated in subsection (a) of this section.
If the tonnage report is not filed and the payment of
inspection fee is not made within thirty days after the end of the
quarter, a collection fee
amounting to ten percent of the amount
as established by legislative rule shall be assessed against the registrant, and the amount of fees due shall constitute a debt and
become the basis of a judgment against the registrant.
(c) When more than one person is involved in the distribution
commercial fertilizer, the last person who has the fertilizer
registered and/ or who distributes to a nonregistrant (dealer or
consumer) is responsible for reporting the tonnage and paying the
inspection fee, unless the report and payment is made by a prior
distributor of a fertilizer.
§19-15-5. Tonnage reports.
The person transacting, distributing or selling
fertilizer to a nonregistrant shall mail furnish the commissioner
a report showing the county of the consignee, the amounts (tons) of
each grade of commercial fertilizer, and the form in which the
fertilizer was distributed (bags, bulk, liquid, etc.). This
information shall be reported by one of the following methods: (a)
Submitting a summary report approved by the commissioner on or
before the fifteenth day of each month covering shipments made
during the preceding month; or (b) submitting a copy of the invoice
within five business days after shipment by electronic transfer
using the UFTRS system or other electronic system approved by the
commissioner. No information furnished to the commissioner under
this section shall be disclosed in such a way as to divulge the
operation of any person. The commissioner shall assess a late fee
as established by legislative rule against the registrant who is responsible for reporting if the monthly report is not filed by the
§19-15-6. Inspection, sampling and analysis.
(a) It shall be the duty of the commissioner, who may act
through his or her authorized agent, to sample, inspect, make
analyses of, and test
commercial fertilizers regulated products
distributed within this state at any time and place and to such an
extent as he or she may deem consider necessary to determine
whether such commercial fertilizers regulated products are in
compliance with the provisions of this article. The commissioner
individually or through his or her agent is authorized to enter
upon any public or private premises or carriers during regular
business hours operating hours in order to have access to
commercial fertilizers regulated products subject to the provisions
of this article and the rules and regulations pertaining thereto,
and to the records relating to their distribution.
(b) The methods of
analysis and sampling sampling and analysis
to determine plant food deficiencies in fertilizer or deficiencies
in other regulated products shall use the be those tolerances
established by the Association of American Plant Food Control
Officials and the Association of Analytical Chemists AOAC
International or other methods approved by the commissioner by
(c) The commissioner, in determining for administrative purposes whether any
commercial fertilizer is deficient in plant
food, or any other regulated product is not in compliance with this
article shall be guided solely by the official sample as defined in
subsection (n), section one of this article, and obtained and
analyzed as provided for in subsection (b) of this section.
(d) The results of official analysis of
regulated products and portions of official samples, shall be
distributed by the commissioner as provided in the regulationslegislative rule. The results of official analysis of fertilizers
and portions of official samples shall be distributed by the
commissioner as provided by legislative rule. Official samples
establishing a penalty for nutrient deficiency shall be retained
for a minimum of thirty days from issuance of a deficiency report.
(a) Penalty for nitrogen, available
phosphoric acid or
phosphorus phosphate and soluble potash. or potassium -- If the
analysis shall show that a commercial fertilizer is deficient in
one or more of its guaranteed primary plant foods (NPK) nutrients
(N-P-K) beyond the "investigational allowances" as established by
regulation legislative rule, or if the overall index value of the
fertilizer is below the level established by regulation legislative
rule, a penalty of three times the commercial value of such
deficiency shall be assessed.
(b) Penalty for soil amendment. -- If the analysis shows that any soil amendment falls short of the guaranteed analysis in
any one soil amending ingredient or in total soil amending
ingredients, a penalty shall be assessed in favor of the
commissioner. A penalty of three times the value of the total soil
amending ingredient deficiency shall be assessed when such total
deficiency is more than two percent under the calculated total soil
amending ingredient guarantee.
(b) (c) Penalty for other deficiencies. -- Deficiencies beyond
the investigational allowances as established by regulation
legislative rule in any other constituent, which the registrant is
required to or may guarantee, shall be evaluated and penalties
prescribed therefor by the commissioner.
(c) (d) Nothing contained in this section shall prevent any
person from appealing to a court of competent jurisdiction praying
for judgment as to the justification of such penalties.
(d) (e) All penalties assessed under this section shall be
paid to the consumer of the lot of commercial fertilizer regulated
product represented by the sample analyzed. Within three months
after the date of notice from the commissioner to the registrant,
receipts taken therefor the penalty shall be collected and promptly
forwarded to the commissioner. If said consumers cannot be found,
the amount of penalty shall be paid to the commissioner who shall
deposit the same in the department of agriculture's fees account.
(f) A deficiency in an official sample of mixed fertilizer resulting from nonuniformity is not distinguishable from a
deficiency due to actual plant nutrient shortage and is properly
subject to official action.
(g) If, upon evidence satisfactory to the commissioner, a
person is found to have: (1) Altered the content of any regulated
product shipped to him by a registrant, as the case may be; or (2)
mixed or commingled, regulated product from two or more suppliers,
such that the result of either alteration changes the analysis of
the regulated product as originally guaranteed, then the person who
has altered, mixed or commingled shall become responsible for
obtaining a registration, as the case may be; shall be held liable
for all assessments; and shall be subject to other provisions of
this article, including, by way of example, but not by way of
limitation, seizure, condemnation and embargo.
§19-15-8. Commercial value.
For the purpose of determining the commercial values to be
applied under the provisions of section seven of this article, the
commissioner shall determine and publish annually the values per
unit of nitrogen, available
phosphoric acid phosphate and soluble
potash in commercial fertilizers in this state. The commissioner
shall determine from the registrant's sales invoice the values
charged for the soil amending ingredients. If no invoice is
available or if the invoice fails to provide sufficient information
the commissioner may use other methods to determine values. The value so determined and published shall be used in determining and
assessing penalty payments.
No person shall distribute misbranded
products. A commercial fertilizer regulated product shall be
deemed considered to be misbranded:
(a) If its label is false or misleading in any particular;
(b) If it is distributed under the name of another
(c) If it is not labeled as required in section three of this
article and in accordance with
regulations legislative rule
prescribed under this article; or
(d) If it purports to be or is represented as a
fertilizer, soil amendment, or horticultural growing medium or is
represented as containing a plant nutrient or commercial fertilizer
soil amendment, or horticultural growing medium unless such plant
nutrient or commercial fertilizer, soil amendment, or horticultural
growing medium conforms to the definition of identity, if any,
prescribed by regulation legislative rule of the commissioner; in
the adopting of such regulations legislative rules the commissioner
shall give regard to commonly accepted definitions and official
fertilizer terms such as those issued by the association of
american plant food control officials Association of American Plant
Food Control Officials (AAPFCO).
shall may distribute an adulterated fertilizer
regulated product. A commercial fertilizer regulated product shall
be deemed considered to be adulterated:
(a) If it contains any deleterious or harmful ingredient in
sufficient amount to render it injurious to beneficial plant life,
animals, humans, aquatic life, soil or water when applied in
accordance with directions for use on the label, or if adequate
warning statements or directions for use, which may be necessary to
protect plant life, animals, humans, aquatic life, soil or water
are not shown upon the label;
(b) If its composition falls below or differs from that which
it is purported to possess by its labeling; or
(c) If it contains unwanted crop seed,
or weed seed or noxious
weed seed, as defined in article 16, chapter 19 of the West
Virginia Seed Law.
(d) If adulteration levels of one or more metals in regulated
products are in excess of those officially adopted by the
Association of American Plant Food Control Officials.
The commissioner shall publish at least annually and in such
forms as he or she may
deem consider proper: (a) Information
concerning the distribution of commercial fertilizers regulated
products; and (b) results of analyses analysis based on official samples of commercial fertilizers regulated products distributed
within the state as compared with the analyses analysis guaranteed
under sections two and three of this article.
is authorized to prescribe and, after a
public hearing following due public notice, may propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code. to The commissioner
may enforce such rules and regulations relating to investigational
allowances, definitions, records, fees and the distribution of
commercial fertilizers regulated products as may be necessary to
carry into effect the full intent and meaning of this article,
including protection of the environment.
§19-15-13. Short weight.
commercial fertilizer regulated product in the
possession of the consumer distributor or retailer is found by the
commissioner to be short in weight, the registrant of said
commercial fertilizer regulated product shall within thirty days
after official notice from the commissioner pay to the consumer a
penalty equal to four times the value of the actual shortage as
established by legislative rule.
§19-15-14. Cancellation of registrations.
The commissioner is authorized and empowered to cancel the
registration of any brand of
commercial fertilizer regulated product or to refuse to register any brand of commercial fertilizer
regulated product as herein provided, upon satisfactory evidence
that the registrant has used fraudulent or deceptive practices in
the evasions or attempted evasions of the provisions of this
article or any legislative rules and regulations promulgated
thereunder: Provided, That no registration shall be revoked or
refused until the registrant shall have been given the opportunity
to appear for a hearing conducted by the commissioner.
§19-15-15. "Embargo" orders.
The commissioner may issue and enforce a written or printed
"stop sale, use or removal" "embargo" order to the owner or
custodian of any lot of commercial fertilizer regulated product and
to hold it at a designated place when the commissioner finds said
commercial fertilizer regulated product is being offered or exposed
for sale in violation of any of the provisions of this article
until the law has been complied with and said commercial fertilizer
regulated product is released in writing by the commissioner, or
said violation has been otherwise legally disposed of by written
authority. The commissioner shall release the commercial
fertilizer so withdrawn regulated product embargoed when the
requirements of the provisions of this article have been complied
with and all costs and expenses incurred in connection with the
withdrawal embargo have been paid.
§19-15-16. Seizure, condemnation and sale.
Any lot of
commercial fertilizer regulated product not in
compliance with the provisions of this article shall be is subject
to seizure on complaint of the commissioner to a court of competent
jurisdiction in the area in which said commercial fertilizer the
regulated product is located. In the event the court finds the
said commercial fertilizer the regulated product to be in violation
of this article and orders the condemnation of said commercial
fertilizer the regulated product it shall be disposed of in any
manner consistent with the quality of the said commercial
fertilizer the regulated product and the laws of the state:
Provided, That in no instance shall the disposition of said
commercial fertilizer the regulated product be ordered by the court
without first giving the claimant an opportunity to apply to the
court for release of said commercial fertilizer the regulated
product or for permission to process or relabel said commercial
fertilizer the regulated product to bring it into compliance with
(a) If it
shall appear appears from the examination of any
commercial fertilizer regulated product that any of the provisions
of this article or the legislative rules and regulations issued
thereunder have been violated, the commissioner shall cause notice
of the violation to be given to the registrant, distributor or
possessor from whom said the sample was taken collected; any person so notified shall be given an opportunity to be heard under such
legislative rules and regulations as may be prescribed by the
commissioner. If it appears after such the hearing, either in the
presence or absence of the person so notified, that any of the
provisions of this article or legislative rules and regulations
issued thereunder have been violated, the commissioner is hereby
authorized to may prosecute in any court of competent jurisdiction
any person violating the provisions of this article.
(b) Any person convicted of violating any provisions of this
article or the legislative rules
and regulations issued thereunder
shall be is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than one hundred dollars nor more than two
hundred dollars for the first offense and not less than two hundred
dollars nor more than five hundred dollars for each subsequent
offense as established by legislative rule.
(c) Nothing in this article shall be construed as requiring
the commissioner or his or her agent to report for prosecution or
for the institution of seizure proceedings as a result of minor
violations of the article when he or she believes that the public
interest will be best served by a suitable notice of warning in
shall be is the duty of each prosecuting attorney to
whom any violation is reported to cause appropriate proceedings to
be instituted and prosecuted in a court of competent jurisdiction without delay.
(e) 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 any of the
provisions of this article or any legislative rule
promulgated under the article notwithstanding the existence of
other remedies at law. Said The injunction to be issued without
§19-15-18. Exchanges between manufacturers.
Nothing in this article shall be construed to restrict or
avoid sales or exchanges of
commercial fertilizers regulated
products to each other by importers, manufacturers or manipulators
who mix fertilizer regulated materials for sale or as preventing
the free and unrestricted shipments of commercial fertilizer
regulated products to manufacturers or manipulators who have
registered their brands as required by the provisions of this
NOTE: The purpose of this bill is to update the West Virginia
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would