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Home » US Law » 2022 West Virginia Code » Chapter 19. Agriculture » Article 15A. West Virginia Agricultural Liming Materials Law

§19-15A-1. Definitions of Words and Terms

As used in this article: (a) "Agricultural liming material" means a product that contains calcium and magnesium carbonate, hydroxide or oxide which are capable of neutralizing soil acidity. (b) "Brand" means the term, designation, trademark, product name or other specific designation under which individual agricultural liming materials are offered for sale. (c) "Bulk" means materials […]

§19-15A-10. Penalties

Any person violating any of the provisions of this article or related rule shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $200 nor more than $300 for the first offense and not less than $300 nor more than $1,000 for each subsequent offense.

§19-15A-2. Registration of Brands; Registration Fees

(a) Agricultural liming material may not be used, sold or offered for sale in the state unless it has been registered with the commissioner. (b) Application for registration shall be made to the commissioner on forms approved or supplied by the commissioner. Each separately identified agricultural liming material shall be registered before being distributed or […]

§19-15A-3. Required Labeling; Toxic Materials Prohibited

(a) A person may not sell, offer to sell or expose for sale in the state any agricultural liming materials which do not have affixed to the outside of each package in a conspicuous manner a plainly printed, stamped or otherwise marked label, tag or statement or, in the case of bulk sales, a delivery […]

§19-15A-4. Inspection Fee; Report of Tonnage; Annual Report

(a) Each sales invoice prepared in normal course of business by either a registrant or distributor shall reflect the amount of the inspection fee and the name of the payor. (b) Within 30 days following June 30 and December 31, of each year, each registrant and distributor shall submit on a form furnished by the […]

§19-15A-5. Inspection; Sampling; Analysis

(a) The commissioner shall audit, inspect, sample, analyze and test agricultural liming materials used, sold or offered for sale within the state as he or she considers necessary to determine whether the agricultural liming materials are in compliance with the provisions of this article. For this purpose the commissioner may enter upon any public or […]

§19-15A-6. Embargo; Suspension or Cancellation of Registration; Seizure of Materials

(a) The commissioner may suspend or cancel the registration of any brand of agricultural liming material and may refuse the application for registration of any brand of agricultural liming material upon being presented satisfactory evidence that the registrant has used false, fraudulent or deceptive practices in the evasion or attempted evasion of the provisions of […]

§19-15A-7. Deficiency Assessment, Tolerances and Payment

(a) A registrant shall pay a deficiency assessment in accordance with the provisions of this section for each lot of agricultural liming material found to be deficient in its guaranteed analysis. Deficiencies existing in more than one component shall be considered additional violations. (b) A registrant shall pay the deficiency assessment to the ultimate consumer […]

§19-15A-8. Rule-Making Authority

The commissioner shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to establish, implement and enforce the provisions of this article, which rules shall include, but not be limited to: (1) The minimum acceptable fineness classifications;

§19-15A-9. Disposition of Fees

Any fees and penalties collected under the provisions of this article shall be deposited with the state Treasurer in a special revenue account known as the Agricultural Fee Fund as established in article one, chapter nineteen of this code.