                                 CODE OF VIRGINIA

PRODUCT REGISTRATION AND LABEL REQUIREMENTS; EXEMPTIONS (§ 3.2-3607)

A. In addition to licensing requirements:

   1. Any person who is the guarantor of and who distributes in the Commonwealth
   any specialty fertilizer shall: (i) apply for registration for such specialty
   fertilizer with the Commissioner on forms furnished by the Commissioner; (ii)
   pay to the Commissioner by July 1 of each registration year a registration fee
   of $50 for each grade under a given brand prior to distributing the fertilizer
   in the Commonwealth; and (iii) provide labels for each grade under a given
   brand with the application.

   2. Any person who is the guarantor and who distributes in the Commonwealth a
   soil amendment or horticultural growing medium shall: (i) apply for
   registration for such soil amendment or horticultural growing medium with the
   Commissioner on forms furnished by the Commissioner; (ii) pay to the
   Commissioner by July 1 of each registration year a registration fee of $100
   for each product name or brand of soil amendment or horticultural growing
   medium prior to distributing the product in the Commonwealth; and (iii)
   provide labels for each product name or brand with the application.

B. The Commissioner shall furnish a certificate of registration to the applicant
after approval of the registration.

C. Any person applying for registration of a specialty fertilizer, soil
amendment or horticultural growing medium shall include with the application the
following information:

   1. For specialty fertilizer, the grade under a given brand; for soil
   amendments or horticultural growing media, the product name or brand;

   2. The guaranteed analysis;

   3. The name and address of the registrant; and

   4. The quantity statement.

D. The Commissioner may require verification of any labeling claims for and any
composition of any regulated product.

E. Custom-media and horticultural growing media planted with live plant material
are exempt from labeling and registration requirements and inspection fees.

F. Beginning December 31, 2013, no lawn maintenance fertilizer containing more
than zero percent phosphorus or other compounds containing phosphorus, such as
phosphate, shall be registered with the Commissioner or offered for sale,
distribution, or use in the Commonwealth. This prohibition does not include lawn
fertilizer, manipulated manure, yard waste compost, products derived from sewage
sludge, soils containing fertilizer, fertilizer products intended primarily for
gardening, tree, shrub, and indoor plant application, including nurseries, or
reclaimed water. The provisions of this section shall not restrict the continued
sale by retailers of any prohibited fertilizer from any existing inventories in
stock on December 31, 2013.

G. Beginning July 1, 2014, only lawn maintenance fertilizer that, when applied
in accordance with its directions for use, results in the application of
nitrogen at rates that are consistent with the nitrogen application rates
recommended for turfgrass in the Virginia Nutrient Management Standards and
Criteria shall be registered with the Commissioner or offered for sale,
distribution, or use in the Commonwealth. The provisions of this subsection
shall not restrict the continued sale by retailers of any prohibited fertilizer
from existing inventories in stock on July 1, 2014.

H. The Commissioner shall give the guarantor or distributor of any unregistered
regulated product in commerce in the Commonwealth a grace period of 15 working
days from issuance of notification within which to register the regulated
product. Any person required to register any regulated product who fails to
register the regulated product within the grace period or fails to comply with
registration renewal requirements shall pay to the Commissioner a $50 late fee
in addition to the registration fee. The Commissioner may issue a stop sale,
use, removal or seizure order upon any regulated product until the registration
is issued.

HISTORY: 1994, c. 740, § 3.1-106.6; 1995, c. 104; 2002, c. 473; 2008, c. 860;
2011, cc. 341, 353, 552, 564; 2012, c. 796.