COMMITTEE SUBSTITUTE

FOR

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 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 commercial fertilizer regulated product.
(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 this state.
(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 this state.
(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 which either:
(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
(2) Has approximately eighty-five percent or more of its plant nutrient content present in the form of a single chemical compound, or
(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 units.
(i)(m) "Guaranteed analysis" means the minimum percentage of plant nutrients claimed in the following order and form:
(1) Total nitrogen (N) ................. percent
Available phosphoric acid phosphate (P205) ........ percent
Soluble potash (K20) ............... percent
(2) For unacidulated mineral phosphatic materials and basic slag, bone, tankage and other organic phosphate phosphatic 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 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.
(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 product.
(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 regulated product).
(s) "Manufacturer" means any person who manufactures a regulated product.
(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 weight.
(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 avoirdupois.
(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.
§19-15-2. Registration.
(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 legislative rule.
(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 following year.
The application for fertilizer, soil amendment or horticultural growing medium shall include the following information:
(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 advertising literature.
(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.
§19-15-3. Labels.

(a) Any 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.
(c) A 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 commercial 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 commercial fertilizer 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 of a 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 commercial 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 due date.
§19-15-6. Inspection, sampling and analysis.

(a) It 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 legislative rule.
(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 section.
(d) The results of official analysis of commercial fertilizers regulated products and portions of official samples, shall be distributed by the commissioner as provided in the regulations
by 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 report.
§19-15-7. Deficiencies.

(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 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 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 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.
§19-15-9. Misbranding.

No person shall distribute misbranded fertilizer regulated 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 fertilizer regulated product;
(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).
§19-15-10. Adulteration.

No person 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.
§19-15-11. Publications.

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.
§19-15-12. Rules.

The commissioner 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.

If any 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 regulations
rule promulgated thereunder: Provided, That no registration shall may be revoked or refused until the registrant shall have been is 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 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.
§19-15-17. Violations.

(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 article or 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.
(d) It 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, 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 Fertilizer Law.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.