reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Appendix - Appendix Number 16

Current through Register Vol. XLI, No. 28, July 12, 2024
Required Guarantees for
Fish
Complete Feeds and Supplements
a. Animal Species shall be declared in lieu of animal
							 class
(1) Trout
(2) Catfish
(3) Species other than trout or catfish
b. Guaranteed analysis for all Fish Complete Feeds
							 and Supplements
(1) Minimum percentage of Crude Protein
(2) Minimum percentage of Crude Fat
(3) Maximum percentage of Crude Fiber
(4) Minimum percentage of Phosphorus
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Appendix - Appendix Number 17

Current through Register Vol. XLI, No. 28, July 12, 2024
Required Guarantees for
Rabbit
Complete Feeds and Supplements
a. Animal Classes
(1) Grower - 4 to 12 weeks of age
(2) Breeder - 12 weeks of age and over
b. Guaranteed analysis for Rabbit Complete Feeds and
							 Supplements (all animal classes)
(1) Minimum percentage of Crude Protein
(2) Minimum percentage of Crude Fat
(3) Minimum and maximum percentage of Crude Fiber
							 (the maximum crude fiber shall not exceed the minimum by more than 5.0
							 units)
(4) Minimum and maximum percentage of Calcium
(5) Minimum percentage of Phosphorus
(6) Minimum and maximum percentage of Salt (if
							 added)
(7) Minimum and maximum percentage of total Sodium
							 shall be guaranteed only when total Sodium exceeds that furnished by the
							 maximum salt guarantee
(8) Minimum Vitamin A, other than precursors of
							 Vitamin A, in International Units per pound (if added)
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06 - Sale And Distribution Of Commercial Fertilizer › Section 61-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule provides for regulation of fertilizer and fertilizer
				materials, soil amendments, and horticultural growing media; provides for
				registration of firms who formulate blends according to consumer specifications
				and establishes registration fees; provides for labeling requirements; provides
				for dissemination of sampling and analysis data; provides for guarantees of
				minor or trace elements; establishes commercial values for plant food
				ingredients; establishes investigational allowances for secondary and
				micronutrient element guarantees and requires conformity to terms and
				definitions as commonly accepted by the Association of American Plant Food
				Control Officials.
1.2. Authority.
				-- W. Va. Code §
									19-15-12.
1.3. Filing Date. -- May 14, 2001.
1.4. Effective Date. -- June 1,
				2001.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06 - Sale And Distribution Of Commercial Fertilizer › Section 61-6-2 - Administrative

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. W. Va. Code
				§
									19-15-1
				et seq. places enforcement of the West Virginia Fertilizer Law with the West
				Virginia Commissioner of Agriculture and provides that he or she may act
				through his or her duly authorized agent.
2.2. All persons offering or exposing
				regulated product for sale, including retailers, wholesalers, jobbers and
				brokers are equally responsible for full compliance with the fertilizer law and
				any person who has in his or her possession any unlawful regulated product is
				responsible for compliance even to registration, payment of the tonnage fee,
				labeling and any other legal requirements.
2.3. Terms and definitions as used in regard
				to this rule shall have the impact and meaning as defined in the current
				publication of the Association of American Plant Food Control
				Officials.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06 - Sale And Distribution Of Commercial Fertilizer › Section 61-6-3 - Permits, Inspection, Tonnage Reports, and Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06 - Sale And Distribution Of Commercial Fertilizer › Section 61-6-4 - Labeling Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				The label for fertilizer, soil amendment, compost, or horticultural growing
				medium shall include the following information:
4.1.a. The quantity statement;
4.1.b. The brand and/or grade;
4.1.c. The purpose of the product;
4.1.d. Directions for application;
				and
4.1.e. The name and address of
				the registrant.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06 - Sale And Distribution Of Commercial Fertilizer › Section 61-6-5 - Secondary And Micronutrient Elements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The basicity or acidity of a fertilizer
				expressed in terms of calcium carbonate equivalent in multiples of one hundred
				(100) pounds per ton, or percent in multiples of five percent (5%), may be
				shown on the application for registration and on the label.
5.2. The manufacturer or distributor shall
				register and guarantee additional plant nutrients besides nitrogen, phosphorus
				and potassium, when mentioned or claimed on the label or container. Guarantees
				shall be made on the elemental basis. Source of the elements guaranteed shall
				be provided to the Commissioner on request. Except guarantees for those water
				soluble nutrients labeled for hydroponic or continuous liquid feeding programs,
				when claims for the nutrients are made on the label, container or application
				for registration, the minimum percentages which shall be accepted for
				registration are as follows:
ELEMENT PERCENT
Calcium (Ca) 1.0000
Magnesium (Mg) 0.5000
Sulfur (S) 1.0000
Boron (B) 0.0200
Chlorine (Cl) 0.1000
Cobalt (Co) 0.0005
Copper (Cu) 0.0500
Iron (Fe) 0.1000
Manganese (Mn) 0.0500
Molybdenum (Mo) 0.0005
Sodium (Na) 0.1000
Zinc (Zn) 0.0500
5.3.
				Manufacturer or distributor guarantees or claims for the additional plant
				nutrients in subsection 5.2 of this section are the only ones which will be
				accepted. Proposed labels and directions for use of the fertilizer shall be
				furnished to the Commissioner with the application for registration upon
				request.
5.4. Warning or caution
				statements are required on the label of any product which contains 0.03 percent
				or more of Boron in a water soluble form, or 0.001 percent or more of
				Molybdenum. Any of the elements listed in subsection 5.2 of this section which
				are guaranteed shall appear in the order listed immediately following
				guarantees for the primary nutrients: nitrogen, available phosphate, and
				soluble potash.
5.5. Tolerances for
				determining deficiencies in secondary and micronutrient elements are those
				recommended by the Association of American Plant Food Control
				Officials.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06 - Sale And Distribution Of Commercial Fertilizer › Section 61-6-6 - Additional Information Required On Mixed Fertilizers

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Chlorine content of fertilizers branded
				for tobacco.
6.1.a. The maximum chlorine in
				tobacco plant bed fertilizer shall be not more than one percent
				(1.00%).
6.1.b. The maximum
				chlorine in regular field crop tobacco fertilizer shall be not more than three
				percent (3.00%).
6.1.c. The maximum
				chlorine in tobacco top dresser shall be not more than 5.00%.
6.1.d. All applications for the registration
				of tobacco fertilizer shall show the maximum percent of chlorine and this
				information may also be shown on the label.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06 - Sale And Distribution Of Commercial Fertilizer › Section 61-6-7 - Safe Use of Regulated Product

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The consumer shall use all regulated
				products in a safe manner which follows any written label directions the
				manufacturer establishes, and which will prevent the products from becoming
				injurious to beneficial plant life, animals, humans, aquatic life, soil or
				water.
7.2. The use of the
				regulated products shall conform to the provisions of The Clean Water Act,
				approved Nutrient Management Plans, General Groundwater Protection Rules For
				Fertilizer And Manures, Best Management Practices For Fertilizer And Manures,
				and other provisions as established by state or federal laws.
7.3. All provisions of the West Virginia
				Primary and Secondary Containment of Fertilizers Rule 61CSR6B shall be followed
				by all persons storing dry and/or fluid fertilizer at their storage
				facility.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06 - Sale And Distribution Of Commercial Fertilizer › Section 61-6-8 - Methods Of Analysis And Publication Of Results

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Commissioner shall use methods of
				analysis approved by the Association of Official Analytical Chemists, AOAC
				International. When no official method has been published by AOAC
				International, the method of analysis shall be one approved by the
				Commissioner.
8.2. When the
				Commissioner finds a fertilizer to be deficient and subject to penalty, he or
				she shall notify the registrant of the deficiency ten (10) days prior to
				reporting the results to other levels of distribution or use.
8.3. The Commissioner shall, at least
				annually, publish a summary of the results of sampling and analysis of
				commercial fertilizers sold in this state and may include data relating to
				volume and use.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06 - Sale And Distribution Of Commercial Fertilizer › Section 61-6-9 - Sampling, Analysis Investigational Allowances And Index Value

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The
				commissioner shall use investigational allowances and overall index values as
				printed in the current publication of the Association of American Plant Food
				Control Officials in determining fertilizer deficiencies and overall index
				value. A commercial fertilizer shall be considered deficient if the analysis of
				any nutrient is below the guarantee by an amount exceeding the values in the
				following schedule, or if the overall index value of the fertilizer is below
				98%.
Guarantee,
percent
Nitrogen
(N)
Avail. Phosphate
(P2O5)
Sol. Potash
(K2O)
Investigational Allowance, percent
04 or less
0.49
0.67
0.41
05
0.51
0.67
0.43
06
0.52
0.67
0.47
07
0.54
0.68
0.53
08
0.55
0.68
0.60
09
0.57
0.68
0.65
10
0.58
0.69
0.70
12
0.61
0.69
0.79
14
0.63
0.70
0.87
16
0.67
0.70
0.94
18
0.70
0.71
1.01
20
0.73
0.72
1.08
22
0.75
0.72
1.15
24
0.78
0.73
1.21
26
0.81
0.73
1.27
28
0.83
0.74
1.33
30
0.86
0.75
1.39
32 or more [*]
0.88
0.76
1.44
[*For DAP and MAP the investigational Allowance for Available
				  Phosphate shall be: 0.70; For TSP the Investigational Allowance shall be:
				  1.53]
For guarantees not listed, calculate the appropriate value by
				  interpolation.
The overall index value is calculated by comparing the
				  commercial value guaranteed with the commercial value found. The values for
				  commercial fertilizer nutrients are derived from the average retail value from
				  a state-wide survey of bulk fertilizer blenders.
Secondary and minor elements shall be considered deficient if
				  any element is below the guarantee by an amount exceeding the values in the
				  following schedule:
Element Investigational Allowance
Calcium ) 0.2 unit + 5% of guarantee
Magnesium ) 0.2 unit + 5% of guarantee
Sulfur ) 0.2 unit + 5% of guarantee
Boron ) 0.003 unit + 15% of guarantee
Cobalt ) 0.0001 unit + 30% of guarantee
Chlorine ) 0.005 unit + 10% of guarantee
Copper ) 0.005 unit + 10% of guarantee
Iron ) 0.005 unit + 10% of guarantee
Manganese ) 0.005 unit + 10% of guarantee
Molybdenum ) 0.0001 unit + 30% of guarantee
Sodium ) 0.005 unit + 10% of guarantee
Zinc ) 0.005 unit + 10% of guarantee
The maximum allowance when calculated in accordance to the
				  above shall be 1 unit (1%).
9.2. The methods of collecting samples and
				analysis shall be those methods recommended by the Association of American
				Plant Food Control Officials and the AOAC International respectively.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06 - Sale And Distribution Of Commercial Fertilizer › Section 61-6-10 - Methods For Determining Deficiencies For Soil Amendments and Horticultural Growing Media

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. For the
				purpose of determining commercial values to be applied under the provisions of
				this section, 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 determined values
				shall be used in determining and assessing penalties.
10.2. The Commissioner shall penalize the
				registrant for any deficiencies beyond investigational allowances according to
				the schedule as published in the AAPFCO Official Publication.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06 - Sale And Distribution Of Commercial Fertilizer › Section 61-6-11 - Deficiency Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Penalty for nitrogen, available phosphate and soluble potash. -- If the
				analysis shows that a fertilizer is deficient in one or more of its guaranteed
				primary plant nutrients (N-P-K) beyond the "investigational allowances" as
				established by this rule, or if the overall index value of the fertilizer is
				below the level established by rule, the Commissioner shall assess a penalty of
				three times the commercial value of the deficiency.
11.2. 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, the
				Commissioner shall assess a penalty. A penalty of three times the value of the
				total soil amending ingredient deficiency shall be assessed when the total
				deficiency is more than 2% under the calculated total soil amending ingredient
				guarantee.
11.3. Penalty for
				secondary and minor elements. If the analysis shows that any secondary and
				minor element falls short of the guaranteed analysis in one or more secondary
				and minor elements, the Commissioner shall assess a penalty. A penalty of three
				times the value of the total secondary and minor element deficiency shall be
				assessed when the total deficiency exceeds investigational allowances as
				established by this rule.
11.4.
				Penalty for excessive chlorine in tobacco fertilizers. If the analysis shows
				chlorine exceeds the guaranteed analysis, the Commissioner shall assess a
				penalty of three times the value of the chlorine excess when the excess exceeds
				investigational allowances as established by this rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06 - Sale And Distribution Of Commercial Fertilizer › Section 61-6-12 - Commercial Value

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. For the
				purpose of determining the commercial values to be applied under the provisions
				of this section of this rule, the commissioner shall determine and publish
				annually the values per unit of nitrogen, available phosphate and soluble
				potash in fertilizers in this state.
12.2. The value per pound of nitrogen,
				available phosphate and soluble potash for specialty fertilizers shall be based
				upon the retail price of the fertilizer. The relative value of nitrogen,
				phosphoric acid and potash shall be in the following ratio:
Nitrogen (water soluble)
2
Nitrogen (water insoluble)
6
Phosphoric Acid
1
Potash
1
12.3.
				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 determined and published value shall be used
				in determining and assessing penalty payments.
12.4. When a manufacturer wishes to return to
				his or her plant a lot of regulated product which has been found deficient, the
				manufacturer shall, within thirty (30) days of the notice of deficiency, give
				written notice to the Commissioner to that effect, and shall furnish the
				Commissioner with reasonable evidence that the regulated product was returned
				to the plant.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06 - Sale And Distribution Of Commercial Fertilizer › Section 61-6-13 - Hearings, Penalties and Prosecutions

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Any person, registrant, distributor, or
				possessor from whom a violative sample was collected has the right to a hearing
				within fifteen (15) days from the date of receipt of certified mail of the
				sample report.
13.2. Criminal
				penalties. - Any person violating any of the provisions of this rule 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
				for each subsequent offense, shall be fined not less than two hundred nor more
				than five hundred dollars, or imprisoned in the county jail not more than six
				months, or both fined and imprisoned. Magistrates have concurrent jurisdiction
				with circuit courts to enforce the provisions of this article.
13.3. Not withstanding any other provision of
				law to the contrary, the commissioner may propose for promulgation and adopt
				rules which permit consent agreements or negotiated settlements for the civil
				penalties assessed as a result of a violation of the provisions of this
				article.
13.4. Nothing in this rule
				may be construed as to require the commissioner to report minor violations of
				this article when the commissioner believes that the public interest will be
				best served by a written notice.
13.5. No state court may allow the recovery
				of damages for administrative action taken if the court finds that there was
				probable cause for the action.
APPENDIX NUMBER
				  1
FEES OF THIS RULE
TYPE OF FEE
SECTION REFERENCE
FEE
DESCRIPTION
Fertilizer Registration
3.1
$ 4.00
Per brand & grade; bulk, or packages 10#
Fertilizer Registration
3.1
$30.00
Per brand & grade; packages 10# or less
Soil Amendment Registration
3.2
$75.00
Per brand
Compost Registration
3.2
$75.00
Per brand
Horticultural Growing Media Registration
3.2
$75.00
Per brand
Fertilizer Formulation Permit
3.3
$35.00
Per year & location
Late Registration Penalty Fee
3.4
$100.00
Per year and in addition to registration fee
Fertilizer Inspection Fee
3.6
$ 0.40
Per ton per quarter; bulk, or packages 10#
Fertilizer Inspection Fee
3.6
$ 15.00
Per brand & grade; Packages 10# or less
Late Tonnage Report/Inspection Fee Collection Fee
3.6.a
10%
Additional to Inspection Fee
Short In Weight
3.7
4 times
Value of shortage
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06A - West Virginia Agricultural Liming Materials Law Regulations › Section 61-6A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes values for neutralizing qualities and fineness,
				define deficiencies and establish tolerances, set standards for neutralizing
				qualities and fineness and establish methods for assessing penalties.
1.2. Authority. -- W. Va. Code §
									19-15A-1
				et seq.
1.3. Filing Date. -- April
				9, 2007.
1.4. Effective Date. --
				July 1, 2007.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06A - West Virginia Agricultural Liming Materials Law Regulations › Section 61-6A-2 - Calcium Carbonate Equivalent Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The minimum calcium carbonate equivalent
				standards for the following types of agricultural liming materials shall be
				for:
2.1.1. Burnt Lime: Not less than
				140%.
2.1.2. Hydrated Lime: Not
				less than 110%.
2.1.3. Marl: Not
				less than 80%.
2.1.4. Limestone:
				Not less than 80%.
2.1.5. Slag: Not
				less than 80%.
2.1.6. Shells: Not
				less than 80%.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06A - West Virginia Agricultural Liming Materials Law Regulations › Section 61-6A-3 - Fineness Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				minimum sieve size standards for agricultural liming materials shall be:
3.1.1. Pulverized.
3.1.1.a. 100% passing a US Standard 20 Mesh
				Sieve.
3.1.1.b. 70% passing a US
				Standard 100 Mesh Sieve.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06A - West Virginia Agricultural Liming Materials Law Regulations › Section 61-6A-4 - Blends

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Blends are
				products containing a mixture of different agricultural liming materials or
				containing a component of agricultural liming material and fertilizer, seed,
				and/or inert material.
4.2. Blends
				of agricultural liming materials shall be considered as products requiring
				separate registration under their own brand name.
4.3. Any blend claiming to have a component
				of agricultural liming material shall comply with the law and rules.
4.3.1. Any blend shall be labeled as to the
				total percentage of agricultural liming materials in addition to the labeling
				requirements of the law set forth in W. Va. Code §
										19-15A-3.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06A - West Virginia Agricultural Liming Materials Law Regulations › Section 61-6A-5 - Low-grade Agricultural Liming Materials

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Low-grade liming materials are
				agricultural liming materials that do not meet the standards set in Subsections
				2.1 and 3.1 of this rule but still have value as a product to neutralize soil
				acidity.
5.2. The Commissioner may
				accept registration of agricultural liming materials that do not meet the
				minimum calcium carbonate equivalent and/or minimum fineness classification
				standards set by Sections 2 and 3 of this rule. The Commissioner shall consider
				the chemical and fineness components of the low-grade agricultural liming
				material when reviewing the application for registration.
5.3. Labels of low-grade agricultural liming
				materials shall meet all the requirements of the W. Va. Code §
									19-15A-1
				et. seq. and shall include the following additional statement:
5.3.1. The words "Low-grade Liming Material"
				placed prominently at the top of the label,
5.3.2. The words "Does not meet the minimum
				standard for calcium carbonate equivalent" where applicable; and
5.3.3. The words "Does not meet the minimum
				standard for fineness classification" where applicable.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06A - West Virginia Agricultural Liming Materials Law Regulations › Section 61-6A-6 - Labels

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Labels of all
				agricultural liming materials shall accompany the application for
				registration.
6.2. The commissioner
				may not accept a registration if the label for the agricultural liming material
				conflicts with the information on the application for registration.
6.3. No agricultural liming materials shall
				be used, sold, or offered for sale if the label differs in any respect from the
				label submitted with the application for registration.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06A - West Virginia Agricultural Liming Materials Law Regulations › Section 61-6A-7 - Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any changes
				permitted in the guaranteed analysis for calcium carbonate equivalent or
				fineness classification for a registered product requires a new
				registration.
7.2. The registrant
				of each agricultural liming material shall register each product before it its
				sold, offered for sale, or exposed for sale in the state. The application for
				registration shall be accompanied by the fee listed in Appendix Number 1- Fees
				of this Rule.
7.3. The commissioner
				shall collect a registration fee from all distributors of agricultural liming
				materials. The application for registration shall be accompanied by the fee
				listed in Appendix Number 1- Fees of this Rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06A - West Virginia Agricultural Liming Materials Law Regulations › Section 61-6A-8 - Inspection Fee; Report Tonnage; Annual Report

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The registrant of agricultural liming
				materials shall pay to the commissioner the inspection fee listed in Appendix
				Number 1- Fees of this Rule. If the tonnage, or portion thereof, has been paid
				by another person; documentation by invoice must accompany the
				report.
8.2. The commissioner shall
				assess a penalty to a registrant or distributor whose report is not received by
				the fifteenth day of August and the fifteenth day of February each calendar
				year as listed in Appendix Number 1- Fees of this Rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06A - West Virginia Agricultural Liming Materials Law Regulations › Section 61-6A-9 - Deficiency Assessment, Tolerances, and Payment

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. When the calcium carbonate equivalent is
				found to be over five percent deficient from the stated guarantee, the
				registrant shall pay a deficiency assessment equal to two times the actual cash
				value of the deficiency based on the retail price per ton at the distribution
				point where the official sample was collected. The cash value of the deficiency
				is calculated by multiplying the actual percent deficiency, less the five
				percent taken, times the retail price per ton, times the tons in the lot
				sampled. The minimum assessed penalty is listed in Appendix Number 1- Fees of
				this Rule.
9.2. When the product is
				found to be over five percent deficient from the stated guarantee in one or
				more of the guarantees for fineness, a penalty shall be paid as listed in
				Appendix Number 1- Fees of this Rule.
9.3. When the product is found to be over ten
				percent deficient from the stated guarantee for one or more of the following
				guarantees: Calcium oxide, magnesium oxide, calcium carbonate, magnesium
				carbonate, a penalty shall be paid as listed in Appendix Number 1- Fees of this
				Rule.
9.4. If any deficiency
				assessment has not been paid within sixty days of the notice of the assessment,
				then a late payment penalty shall be paid as listed in Appendix Number 1- Fees
				of this Rule.
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West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06B - Primary And Secondary Containment Of Fertilizers › Section 61-6B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules establish primary and secondary containment standards for
				fertilizers for the purpose of protecting the groundwater resources of the
				state of West Virginia.
1.2.
				Authority. -- W. Va. Code '22-12-5(c).
1.3. Filing Date. -- June 24,1993.
1.4. Effective Date. -- July 1,
				1993.
1.5. This is a new
				legislative rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06B - Primary And Secondary Containment Of Fertilizers › Section 61-6B-3 - General program and policy

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Every operator of a storage facility
				should utilize the services of a competent engineer for planning any
				construction or alterations to their operational area and that the publications
				"Environmental Handbook for Fertilizer and Agrichemical Dealers" published by
				the Tennessee Valley Authority, TVA Technical Library, P.O.Box 1010, Muscle
				Shoals, AL 35660-1010 and "Designing Facilities for Pesticide and Fertilizer
				Containment" published by Midwest Plan Service, 122 Davidson Hall, Iowa State
				University, Ames, Iowa 50011-3080 be used to assist in the development of the
				planning and construction of operational areas.
3.2. Every operator of a storage facility
				should remove or mitigate existing contamination under the site of the proposed
				operational area that has the potential to contaminate groundwater prior to any
				construction or alteration to the operational area.
3.3. The operator shall be responsible for
				maintenance of the operational area to comply with these rules and in a manner
				adequate to minimize the risk of a discharge.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06B - Primary And Secondary Containment Of Fertilizers › Section 61-6B-4 - Powers and duties of the commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The commissioner:
4.1.1. may enter and inspect, during
				reasonable hours, any location where fertilizers are, or may be, stored in such
				quantities so as to come under these rules;
4.1.2. may take samples to determine
				compliance with these rules;
4.1.3.
				shall review design plans where appropriate to determine compliance with these
				rules;
4.1.4. may audit records of
				shipments of fertilizers, inspections, and maintenance;
4.1.5. shall promote the protection of
				groundwater through educational programs for operators;
4.1.6. shall collect and expend monies under
				the terms of this rule;
4.1.7.
				shall issue permits or deny permit applications;
4.1.8. may conduct hearings, assess civil
				administrative penalties, seek injunctive relief or issue orders in accordance
				with W. Va. Code '22-12-10.
4.1.9. shall promulgate additional
				regulations as necessary to protect groundwater within the statutory mandates
				that may include but not limited to licensing and certification, operational
				management, closure, remediation and monitoring for water quality.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06B - Primary And Secondary Containment Of Fertilizers › Section 61-6B-5 - Permits and Design Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				All operators of a storage facility shall obtain and post a valid Fertilizer
				Storage Facility Permit prominently at the local office of the storage
				facility. One permit may apply to a storage facility that stores both dry bulk
				and fluid fertilizer.
5.2. Prior to
				the construction of primary or secondary storage, all persons shall obtain a
				Fertilizer Storage Facility Permit from the commissioner. The application shall
				be made at least thirty (30) days prior to the beginning of construction of the
				facility for firms that are not in operation on the effective date of this rule
				or within six (6) months of the effective date of this rule for any person
				operating a storage facility on the effective date of this rule.
5.3 Any person seeking to renew the
				Fertilizer Storage Facility Permit shall apply for a renewal within fifteen
				(15) days of the expiration date of the permit.
5.4. The commissioner shall furnish
				application forms containing the following information: the corporate or
				company name; the location; the mailing address; the phone number; the
				operator's name; the owner's name; and any other information relevant to the
				containment of bulk fertilizers.
5.5. The operator or his licensed
				representative shall sign and date each application under oath.
5.6. The commissioner shall issue a
				non-transferable Fertilizer Storage Facility Permit to each person meeting the
				requirements of this section. Each permit shall expire on June 30 following the
				date of issue.
5.7. The
				commissioner may deny any application for a Fertilizer Storage Facility Permit
				whenever the permit has been applied for fraudulently, the applicant has
				grossly interfered with the duties of the commissioner or the applicant is
				determined to be not in compliance with, or not able to comply with these
				rules.
5.8. The commissioner may
				suspend or revoke a Fertilizer Storage Facility Permit whenever the
				commissioner finds that a hazard to the environment exists, the permit has been
				obtained fraudulently, the holder has grossly interfered with the duties of the
				commissioner or the permit holder has been dishonest, deceitful, incompetent or
				has not complied with or is unable to comply with the provisions of this rule.
				Any person whose Fertilizer Storage Facility Permit has been suspended or
				revoked shall immediately discontinue all operations covered under the permit.
5.8.1. The permit holder may resume
				operations covered by the Fertilizer Storage Facility Permit without
				reapplication for a permit at the end of the suspension period.
5.8.2. The permit holder must reapply for a
				permit following a revocation.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06B - Primary And Secondary Containment Of Fertilizers › Section 61-6B-6 - Inspection, Maintenance and Record Keeping Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The operator of the storage facility
				shall inspect the facility frequently enough to minimize the risk of discharge
				but not less than once a week during operational periods and not less than once
				a month during non-operational periods. The operator shall make a written
				record of the inspection made on the day of that inspection. All written
				records shall be maintained as follows:
6.1.1. a weekly record of the condition of
				valves for storage containers for fluid fertilizers when the containers are
				used for storage;
6.1.2. a weekly
				record of the condition of loading and unloading pads and catch basins during
				operational periods, or at least monthly during periods of non-use;
6.1.3. a monthly record of the fluid
				fertilizer levels in each storage container when in use and a comparison of the
				measured level versus the calculated level based on shipments in and out of the
				container;
6.1.4. a monthly record
				of the condition of primary containers and elephant rings;
6.1.5. a semi-annual inventory
				reconciliation, showing the amount of fluid bulk fertilizer and dry bulk
				fertilizer from each storage container which is lost or unaccounted for at the
				end of each semi-annual period; and
6.1.6. other inspection records pertaining to
				the condition of storage containers, appurtenances, operational area
				containment, and secondary containment facilities.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06B - Primary And Secondary Containment Of Fertilizers › Section 61-6B-7 - Discharge Response Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				The operator of a storage facility shall prepare a written Discharge Response
				Plan for the storage facility. The plan shall include:
7.1.1. the identity and telephone number of
				the persons or agencies who are to be contacted in the event of a discharge,
				including persons responsible for the stored fertilizer;
7.1.2. for each bulk fertilizer stored at the
				facility, a complete copy of the labeling required by W. Va. Code
				'19-15-1
				et seq. (except for the net weight);
7.1.3. an identification, by location, of
				every storage container located at the storage facility, and the type of
				fertilizer stored in each storage container;
7.1.4. for each type of bulk fertilizer
				stored at the facility, the procedures to be used in controlling and
				recovering, or otherwise responding to a discharge; and
7.1.5. procedures to be followed in using or
				disposing of a recovered discharge.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06B - Primary And Secondary Containment Of Fertilizers › Section 61-6B-8 - Storage and Handling of Dry Bulk Fertilizer

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All dry bulk fertilizer in undivided
				quantities exceeding twenty-five (25) tons shall be stored inside operational
				area containment structure(s) consisting of a sound structure or device having
				a cover or roof top, sidewalls, and a base sufficient to prevent contact with
				precipitation and surface waters.
8.2. Except for those procedures performed in
				the field of application, all persons loading, unloading, mixing or handling
				dry bulk fertilizer shall use a containment method, device, or structure
				suitable to prevent or minimize groundwater contamination. The containment
				method, device, or structure shall be of a size and design that contains the
				fertilizer and minimizes emission of dust and/or vapors beyond the facility
				boundaries. Any collected material shall be applied at agronomic fertilizer
				rates or otherwise recycled.
8.3.
				All operators shall promptly recover any dry bulk fertilizer which is spilled
				while being loaded to or from storage when the spillage would exceed a quantity
				greater than two hundred (200) pounds.
8.4. Containment devices, structures, or
				methods include, but are not limited to:
8.4.1. paving and curbing of outdoor handling
				areas with materials which allow for collection and recycling of the spilled
				products;
8.4.2. enclosing
				conveyors and equipping conveyors with dust control boots. Manually extendible
				boots may be adaptable to upright and auger type conveyors;
8.4.3. collection and recycling of product
				dust from rooftops of roof-filled storage structures; or
8.4.4. daily cleanup of the non-roofed areas
				each day when in use.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06B - Primary And Secondary Containment Of Fertilizers › Section 61-6B-9 - Primary Containment: Storage Containers and Appurtenances for Fluid Fertilizer

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All
				fluid fertilizer shall be stored in storage containers and appurtenances that
				are:
9.1.1. constructed, installed and
				maintained to prevent the discharge of fluid fertilizer;
9.1.2. constructed of materials that are
				resistant to corrosion, puncture or cracking;
9.1.3. made or repaired with materials that
				do not react chemically or electrolytically with stored fluid fertilizer in a
				way which may weaken the storage container or appurtenances, or create a risk
				of discharge;
9.1.4. made with
				metals used for valves, fittings and repairs on metal containers that are
				compatible with the metals used in the construction of the storage container,
				so that the combination of metals does not cause or increase corrosion which
				may weaken the storage container or its appurtenances, or create a risk of
				discharge;
9.1.5. equipped with
				supports for pipes and fittings that are adequate to prevent sagging and
				breakage in the ordinary course of operations;
9.1.6. are protected against the risk of
				damage by trucks and other moving vehicles while loading or unloading fluid
				bulk fertilizer;
9.1.7. designed to
				handle all operating stresses including static head, pressure buildup from
				pumps and compressors, and any other mechanical stresses to which the storage
				containers and appurtenances may be subject;
9.1.8. anchored to prevent flotation or
				instability caused by liquid accumulations within a secondary containment
				facility; and
9.1.9. equipped with
				a liquid level gauging device which shall be secured in a manner to protect
				against breakage or vandalism whereby the level of fluid in the storage
				container can be readily and safely determined;
a. this gauge is not required when the level
				of fluid in a storage container can be readily and reliably measured by another
				equally reliable and readily accessible means;
b. this gauge may be an external sight gauge
				only when the gauge is securely attached against the container wall and
				provided with a manually operated shut off valve which is locked in the shut
				off position when the level of fluid is not being determined.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06B - Primary And Secondary Containment Of Fertilizers › Section 61-6B-10 - Operational Area Containment for Fluid Fertilizer

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. All fluid fertilizer shall be stored
				such that all loading and unloading of fluid bulk fertilizer shall be on an
				area which is curbed and paved with asphalt or concrete. The curbed and paved
				area shall provide an impervious surface and
10.1.1. be of sufficient size to hold the
				entire mobile container during loading and unloading; and
10.1.2. be designed, constructed and
				maintained to handle all loading conditions to which it is exposed;
				and
10.1.3. be maintained by
				keeping all cracks and seams sealed and be impervious to leakage from any
				spillage.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06B - Primary And Secondary Containment Of Fertilizers › Section 61-6B-12 - Drainage from Secondary Containment Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. No person may operate a diked secondary
				containment area with a relief outlet and valve.
12.2. All diked earthen or prefabricated
				secondary containment areas shall have a base that slopes to a collecting spot
				where storm water can be discharged by a manually-operated pump over the berm
				for use in the blending process or for proper disposal in accordance with local
				requirements for disposal of storm water.
12.3. All asphalt or concrete lined secondary
				containment areas shall
12.3.1. have a
				recessed catch drain running through the center of the base; or
12.3.2. have a sump located within the
				containment area, that shall have no valve plumbed into the sump unless that
				sump is a part of a permanent recessed catch drain as specified in this
				section.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06B - Primary And Secondary Containment Of Fertilizers › Section 61-6B-13 - Hearings, penalties, orders and injunctive relief

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The commissioner may conduct hearings,
				assess civil administrative penalties, seek injunctive relief and issue orders
				in accordance with W. Va. Code ''22-12-10 and 22-12-11.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06B - Primary And Secondary Containment Of Fertilizers › Section 61-6B-14 - Special revenue account and Groundwater remediation fund

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. All monies
				for the purpose of the enforcement and administration of this rule shall come
				from general revenue funds appropriated by the legislature for that purpose.
				The net proceeds of civil penalties collected pursuant to W. Va. Code
				'22-12-10a or any civil administrative penalties collected pursuant to W. Va.
				Code '22-12-10c will be deposited in the groundwater remediation fund
				established in W. Va. Code '22-12-1 et
				seq.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06D - Nutrient Management Certification › Section 61-6D-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule describes the West Virginia Department of Agriculture'
				certification program for persons that prepare and update nutrient management
				plans. When a nutrient management plan is prepared for a farm, it indicates how
				essential primary nutrients, that is, nitrogen, phosphorus, and potassium, are
				to be annually managed on farm fields for crop or forage production and for the
				protection of water quality. Plans contain recommendations to farmers based on
				expected crop yield, existing nutrient levels in the soil, organic residuals,
				recommend stored manures, bio-solids and compost, optimum timing and placement
				of nutrients, environmental protection and normal farming practices such as
				liming, tillage, equipment calibration and crop rotation. The Department shall
				certify qualified persons to prepare these plans.
1.2. Authority. -- W. Va. Code '19-15-12.
1.3. Filing Date. -- April 19,
				2012.
1.4. Effective Date. -- July
				1, 2012.