§ 37.1-60. Regulation of sale and distribution of fertilizer; exemptions.

(a)

Any person whose name is on the label of and who distributes in the City of Newport News any specialty fertilizer packaged in containers of fifty (50) pounds or less dry net weight, or five (5) gallons or less liquid net volume, shall provide evidence that the person has: (i) applied for registration for such specialty fertilizer with the commissioner of the department of agriculture and consumer services ("commissioner") on forms furnished or approved by the commissioner; (ii) paid to the commissioner by July 1 of each registration year a registration fee of fifty dollars ($50.00) for each grade under a given brand prior to distributing the fertilizer in the Commonwealth; and (iii) provided labels for each grade under a given brand with the application.

(b)

Any person who distributes in the City of Newport News a soil amendment, soil conditioner, or horticultural growing medium shall provide evidence that he has: (i) applied for registration for such soil amendment, soil conditioner, or horticultural growing medium with the commissioner on forms furnished or approved by the commissioner; (ii) paid to the commissioner by July 1 of each registration year a registration fee of one hundred dollars ($100.00) for each product name or brand of soil amendment, soil conditioner or horticultural growing medium prior to distributing the product in the Commonwealth; and (iii) provided labels for each product name or brand with the application.

(c)

Any such person who distributes any product mentioned in subsections (a) or (b) above must obtain and display upon request a copy of the registration provided by the commissioner to the applicant after approval of the registration.

(d)

Verification of any labeling claims for any regulated product may be required.

(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 offered for sale, distribution, or use in the City of Newport News. 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.

(Ord. No. 6807-11, § 1)

(Ord. No. 6807-11, § 1)