H. B. 4074
(By Delegates Kelley, Yeager, Boggs, Ennis,
Willis, Campbell and Williams)
[Originating in the Committee on Government Organization]
[February 1, 2000]
A BILL to amend and reenact sections one through 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; expanding
regulation to products other than commercial fertilizer;
providing definitions; permitting the commissioner of
agriculture to set fees and certain administrative penalties
by rule; registration; labels; 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 criminal penalties; and exchanges between manufacturers.
Be it enacted by the Legislature of West Virginia:
That sections one through 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
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.
(c) "Commercial Fertilizer" means any substance containing one
or more recognized plant nutrients which is used for its plant
nutrient content, 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) (c) "Commissioner" means the commissioner of agriculture
of the state of West Virginia or his or her duly authorized agent.
(d) "Compost" means a biologically stable material derived
from the composting process.
(e) "Custom media" means a horticultural growing medium
prepared to exact specifications of the person who will be planting
in the medium.
(e) (f) "Department" means the department of agriculture of
the state of West Virginia.
(g) "Distribute" means to import, consign, to offer for sale,
sell, barter, warehouse or otherwise supply a regulated product in
(f) (h) "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 a regulated product in
(i) "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.
(j) "Fertilizer" means any substance containing one or more
recognized plant nutrients, including natural organic fertilizer,
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 rule of the commissioner.
(g) (k) "Fertilizer material" means a commercial fertilizer
(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 or more 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) (l) "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)(m) "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
rule 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 rules prescribed by the
(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.(n) "Horticultural growing medium" means any substance or
mixture of substances promoted as or intended to function as a
commercial or consumer growing medium for the managed growth of
horticultural crops in containers.
(j)(o) "Investigational allowance" means an allowance for
variations inherent in taking the collection, preparation and
analysis of an official sample of commercial fertilizer regulated
(k)(p) "Label" means the display of all written, printed or
graphic matter upon the immediate container or statement accompanying a commercial fertilizer regulated product.
(l)(q)"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.
(r) "Manufacture" means to produce, compound, mix, blend, or
in any way alter the chemical or physical characteristics of a
(s) "Manufacturer" means any person who manufactures a
(m)(t) "Mixed fertilizer" means a commercial fertilizer
containing any combination or mixture of fertilizer materials.
(u) "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 may 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.
(n)(v) "Official sample" means any sample of commercial
fertilizer taken regulated product collected by the commissioner or
his or her agent and designated as "official" by the commissioner.
(o)(w) "Percent" or "percentage" means the percentage by
(p)(x) "Person" means an individual, partnership, association,
firm or corporation.
(y) "Primary nutrients" means nitrogen (N), available
phosphate (P205) and soluble potash (K20).
(q)(z) "Registrant" means the person who registers fertilizer
regulated products under the provisions of this article.
(aa) "Regulated product" means any product governed by this
article, including any fertilizer, specialty fertilizer, soil
amendment and horticultural growing medium.
(bb) "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.
(r)(cc) "Specialty fertilizer" means a commercial fertilizer
distributed primarily for nonfarm use, such as home gardens, lawns,
shrubbery, flowers, house plants, golf courses, municipal parks,
cemeteries, greenhouses and nurseries.
(dd) "Synthetic" means any substance generated from another
material or materials by means of a chemical reaction.
(s)(ee) "Ton" means a net weight of two thousand pounds
(ff) "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 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 the
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 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
established by legislative rule. Upon approval by the commissioner
a copy of the registration shall be furnished to the applicant.
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, in the case of fertilizer when primary
nutrients are claimed, the grade;
(3) The guaranteed analysis, or other information related to
ingredients, guaranteed analysis of ingredients, percentages of
ingredients, source of ingredients, physical components, physical
properties or nutrient analysis as the commissioner may require;
and(4) The purpose of the 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 is 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 the regulated product as provided in subsection (b) (c),
section three of this article.
(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 any
(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 the 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 of this article.
(2) Distribution of custom media is exempt from the
registration requirements of this article, if it is prepared for a
single end user.
(3) Distribution of horticultural growing media containing
plant nutrients of three percent or less are 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), (5) and (6), subsection (a) (b), section two of this article.
When compost is used as an ingredient, the label shall identify the
source of the compost. A label may be in multiple languages, but
one language must be English.
(b) In case of bulk shipments,
this the same information
required on a label, in written or printed form, shall accompany
delivery and be supplied to the purchaser at time of delivery.
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 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 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 for each brand or grade 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
article by 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
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 may be disclosed in such a way as to divulge the
operation of any person. The commissioner shall assess a late fee
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.
shall be is 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 whether any other regulated product in compliance with
this article shall be guided solely by the official sample as
defined in subsection (n)(v), section one of this article, and
obtained and analyzed as provided for in subsection (b) of this
(d) The results of official analysis of
regulated products and portions of official samples, shall be
distributed by the commissioner as provided in the regulationsby legislative 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
(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 rule, or if the overall index value of the fertilizer is
below the level established by regulation 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 the 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 rule in
any other constituent which the registrant is required to or may
guarantee shall be evaluated and penalties prescribed therefor by
(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 the consumers cannot be
found, the amount of penalty shall be paid to the commissioner who
shall deposit the same and deposited 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; or (2) mixed or commingled
regulated product from two or more suppliers so 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
§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 is 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 rules prescribed under
this article; or
(d) If it purports to be, to contain or is represented as a
commercial fertilizer, plant nutrient, soil amendment, or
horticultural growing medium or is represented as containing a
plant nutrient or commercial fertilizer unless such plant nutrient
or commercial fertilizer, conforms to the definition of identity,
if any, but is not according to the definition prescribed by
regulation rule of the commissioner. In the adopting of such
regulations legislative rules defining these terms 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 is 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 the 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 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 evading or attempted evasions of attempting to evade
the provisions of this article or any rules and regulationsrule promulgated thereunder: Provided, That no registration
may be revoked or refused until the registrant shall have been is
given the opportunity to appear for a hearing conducted by the
§19-15-15. Embargo orders.
The commissioner may issue and enforce a written or printed
"stop sale, use or removal" embargo order to requiring 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 the 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 the regulated product is released in writing by the
commissioner, or said until the 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 county
or judicial circuit where the product is located. In the event the
court finds the said commercial fertilizer to be that the regulated
product is in violation of this article and orders the condemnation of said commercial fertilizer it its condemnation, the product
shall may be disposed of in any manner consistent with the its
quality of the said commercial fertilizer and the laws of the
state: Provided, That in no instance shall may 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 its release of said commercial fertilizer or for
permission to process or relabel said commercial fertilizer the
regulated product to bring it into compliance with this article.
(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 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 proposed and promulgated 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 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
the 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.
(c) Nothing in this article
shall may 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 writing.
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
(e) The commissioner is hereby authorized to apply for and the
court to grant a temporary or permanent injunction, to be issued without bond, restraining any person from violating or continuing
to violate any
of the provisions provision of this article or any
rule or regulation promulgated under the article thereunder
notwithstanding the existence of other remedies at law. Said
injunction to be issued without bond.
§19-15-18. Exchanges between manufacturers.
Nothing in this article
shall may be construed to restrict or
avoid sales or exchanges of commercial fertilizers regulated
products to each other by between importers, manufacturers or
manipulators who mix fertilizer regulated materials for sale, or as
preventing to prevent the free and unrestricted shipments shipment
of commercial fertilizer regulated products to manufacturers or
manipulators who have registered their brands as required by the
provisions of this article.
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