W. Va. Code R. § 61-6-3 - Permits, Inspection, Tonnage Reports, and Registration

3.1. The manufacturer or distributor shall register each brand and grade of fertilizer before it is distributed in this state. The application for registration shall be accompanied by the fee listed in Appendix Number 1 - Fees Of This Rule.

3.2. The manufacturer or distributor shall register each brand of soil amendment, compost, and horticultural growing media before it is distributed in this state. The application for registration shall be accompanied by the fee listed in Appendix Number 1 - Fees Of This Rule.

3.3. Any person who mixes, manipulates or compounds plant food ingredients according to consumer specifications shall apply to the Commissioner for a Fertilizer Formulation Permit. The application shall be accompanied by the fee listed in Appendix Number 1 - Fees Of This Rule. The Fertilizer Formulation Permit expires on the thirtieth day of June of the following year.

3.3.a. Each distributor shall calculate the grade of the consumer formulated fertilizer and shall guarantee the calculated analysis.

3.3.b. The distributor shall clearly indicate the grade of any consumer formulated bulk fertilizer on the invoice and shall include a breakdown of ingredients used in the formulation. The invoice constitutes the distributors guarantee.

3.4. After notification of non-registration of regulated product or manufacturer or distributor of consumer specified regulated product, a person failing to register within the grace period shall pay to the commissioner the penalty fee listed in Appendix Number 1 - Fees Of This Rule.

3.5. An application for registration of any industry by-product as a fertilizer, soil amendment, or horticultural growing media shall be accompanied by laboratory tests and field trial data proving that the product has use and value as a regulated product. Test results from the product shall prove that it presents no hazard to beneficial plant life, animals, humans, aquatic life, soil or water.

3.6. The manufacturer or distributor shall pay to the commissioner for all fertilizers distributed in this state the inspection fee listed in Appendix Number 1 - Fees Of This Rule. Where a person sells the same brand and grade of fertilizer in bulk or packages over ten pounds and in packages ten pounds or less, the inspection fees are paid respectively in each category.

3.6.a. If the manufacturer or distributor fails to file a quarterly tonnage report and pay inspection fees within thirty days after the end of the quarter, the commissioner shall assess the collection fee listed in Appendix Number 1 - Fees Of This Rule, against the registrant, and the amount of fees due the commissioner constitute a debt and become the basis of a judgment against the manufacturer or distributor.

3.7. If any regulated product in the possession of the distributor or retailer is found by the commissioner to be short in weight, the registrant of the regulated product shall within thirty days after official notice from the commissioner pay to the consumer the penalty listed in Appendix Number 1 - Fees Of This Rule. If the consumers cannot be found, the amount of penalty shall be paid to the commissioner and deposited in the department of agriculture's fees account.

Notes

W. Va. Code R. § 61-6-3