§ 361. Title

§ 361. Title This chapter shall be known as the “Fertilizer and Lime Law of 1986.” (Added 1985, No. 126 (Adj. Sess.), § 1.)

§ 362. Enforcing official

§ 362. Enforcing official This chapter shall be administered by the Secretary of Agriculture, Food and Markets or designee, hereafter referred to as the Secretary. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10.)

§ 363. Definitions

§ 363. Definitions As used in this chapter: (1) “Agricultural lime” or “agricultural liming material” or “lime” means: (A) all products with calcium and magnesium compounds that are capable of neutralizing soil acidity and that are intended, sold, or offered for sale for agricultural or plant propagation purposes; (B) limestone consisting essentially of calcium carbonate […]

§ 364. Registration

§ 364. Registration (a) Each brand or grade or formula of fertilizer, plant amendment, plant biostimulant, or soil amendment shall be registered in the name of the person whose name appears upon the label before being distributed in this State. The application for registration shall be submitted to the Secretary on a form furnished by […]

§ 365. Labels

§ 365. Labels (a)(1) Any fertilizer or agricultural lime 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 following information: (A) net weight; (B) brand and grade, provided that grade shall not be required when no primary nutrients […]

§ 366. Tonnage fees

§ 366. Tonnage fees (a) A person distributing fertilizer to a nonregistrant consumer in the State annually shall pay the following fees to the Secretary: (1) a $150.00 minimum tonnage fee; (2) $0.50 per ton of agricultural fertilizer distributed; and (3) $30.00 per ton of nonagricultural fertilizer distributed. (b) Persons distributing fertilizer shall report annually […]

§ 367. Inspection; sampling; analysis

§ 367. Inspection; sampling; analysis For the purpose of enforcing this chapter and determining whether or not fertilizers, plant amendments, plant biostimulants, soil amendments, and lime distributed in this State endanger the health and safety of Vermont citizens, the Secretary upon presenting appropriate credentials is authorized: (1) To enter any public or private premises except […]

§ 368. Misbranding

§ 368. Misbranding (a) No person shall distribute a misbranded fertilizer, plant amendment, plant biostimulant, soil amendment, or agricultural lime. A fertilizer, plant amendment, plant biostimulant, or soil amendment shall be deemed to be misbranded if the Secretary determines one or more of the following: (1) The labeling is false or misleading in any particular. […]

§ 369. Adulteration

§ 369. Adulteration No person shall distribute an adulterated lime, plant amendment, plant biostimulant, soil amendment, or fertilizer product. A fertilizer, plant amendment, plant biostimulant, soil amendment, or lime shall be deemed to be adulterated if: (1) it contains any deleterious or harmful ingredient in an amount sufficient to render it injurious to beneficial plant […]

§ 370. Publication; consumer information regarding use on nonagricultural turf of fertilizer, plant amendments, plant biostimulants, and soil amendments

§ 370. Publication; consumer information regarding use on nonagricultural turf of fertilizer, plant amendments, plant biostimulants, and soil amendments (a) The Secretary shall publish on an annual basis: (1) information concerning the distribution of fertilizers, plant amendments, plant biostimulants, soil amendments, and limes; and (2) results of analyses based on official samples of fertilizers, plant […]

§ 371. Rules

§ 371. Rules The Secretary is authorized to adopt rules pursuant to 3 V.S.A. chapter 25 as may be necessary to implement the intent of this chapter and to enforce those rules. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10.)

§ 372. Plant food variations

§ 372. Plant food variations (a) The Secretary may assess a penalty upon finding that a fertilizer does not conform to its guarantee for nitrogen, available phosphoric acid or phosphorus, and soluble potash or potassium content. A fertilizer shall be deemed out-of-conformance if the guarantee for the nitrogen, available phosphoric acid or phosphorus, or soluble […]

§ 373. Commercial value

§ 373. Commercial value After consultation with the fertilizer industry, the Secretary shall determine periodically the values per unit of nitrogen, available phosphoric acid, and potash in fertilizers. The commercial value determined and published shall be considered in determining and assessing penalty payments. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, […]

§ 374. Short weight

§ 374. Short weight (a) If any fertilizer, plant amendment, plant biostimulant, soil amendment, or agricultural liming material is found to be short in net weight, the registrant of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime shall pay a penalty of three times the value of the actual shortage to the affected […]

§ 375. Cancellation of registration

§ 375. Cancellation of registration The Secretary is authorized to cancel or suspend the registration of any fertilizer, plant amendment, plant biostimulant, soil amendment, or lime or refuse a registration application if he or she finds that the provisions of this chapter or the rules adopted under this chapter have been violated, provided that no […]

§ 376. Detained fertilizer and lime

§ 376. Detained fertilizer and lime (a) Withdrawal from distribution orders. When the Secretary has reasonable cause to believe any lot of fertilizer, plant amendment, plant biostimulant, soil amendment, or lime is being distributed in violation of any of the provisions of this chapter or any of the rules under this chapter, he or she […]

§ 377. Appeal

§ 377. Appeal Any party adversely affected by a decision of the Secretary made pursuant to section 372, 374, or 375 of this title may appeal questions of law to a Superior Court. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)

§ 378. Penalty

§ 378. Penalty (a) Any person who violates any provision of this chapter, the rules adopted under this chapter, or an order of the Secretary made pursuant to this chapter shall be subject to a fine not to exceed $1,000.00. Each violation shall be a separate and distinct offense and in the case of a […]

§ 379. Exchanges between manufacturers

§ 379. Exchanges between manufacturers Nothing in this chapter shall be construed to restrict or impair sales or exchanges of fertilizers, plant amendments, plant biostimulants, or soil amendments to each other by importers, manufacturers, or manipulators who mix fertilizer materials, plant amendments, plant biostimulants, or soil amendments for sale, or to prevent the free and […]

§ 380. Administrative penalty

§ 380. Administrative penalty Consistent with chapter 1 of this title, the Secretary may assess an administrative penalty upon determining that a person has violated a rule issued under this chapter or has violated this chapter in the following manner: (1) distributed a specialty fertilizer, plant amendment, plant biostimulant, soil amendment, or lime without first […]