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Fertilizer, Soil Amendment and Lime
CODE/RULE

Registrations

The manufacturer or distributor shall register each brand and grade of fertilizer and each brand of soil amendment, compost, and horticultural growing media before it is distributed in this state. Fertilizer registration fees are $4 per brand & grade; bulk, or packages > 10lbs are $30 per brand & grade. If a product is packaged in small and large packages, it should be registered as both. The registration fee for soil amendment, compost, and horticultural growing media is $75 per product.
 
 
A bag of lime goes into a wheel barrow
 

Fertilizer Formulator Permit

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 fee for a Fertilizer Formulation Permit is $35.
 

After notification of non-registration of regulated product, manufacturer, or distributor of consumer specified regulated product, a person failing to register within the grace period (15 working days) shall pay to the Commissioner a late penalty fee of $100.
Fertilizer and soil amendment, compost and horticultural growing media registrations are renewed annually. The registration period is July 1 – June 30.

Tonnage Reporting

Every person who distributes a fertilizer shall file monthly and quarterly tonnage reports for the periods ending on September 30, December 31, March 31, and June 30. The reports are due on or before the thirtieth day of the month following the close of each quarter. The fee is $0.40 per ton per quarter for bulk or packages > 10lbs and $15 per brand and grade for packages 10lbs. or less. There is a 10% late penalty fee in addition to the tonnage fee.
 

Monthly reports can be mailed with the quarterly reports. If reporting 0 tonnage, you can email them to camacoffman@wvda.us or fax: 304-558-3594.
 

There is no tonnage reporting required for soil amendments, compost and horticultural growing media.
 

Fertilizer Storage Facility Permit

CODE/RULES

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. There are no fees required for this permit. Prior to the construction of a primary or secondary storage, all persons shall obtain a Fertilizer Storage Facility Permit from the commissioner. An application, design plans, and specifications for construction shall be made at least 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 months of the effective date of this rule for any person operating a storage facility on the effective date of the rule. Any person seeking to renew the Fertilizer Storage Facility Permit shall apply for a renewal within 15 days of the expiration date of the permit.
 

Agricultural Liming Materials

 
A WVDA employee inspects a shipment of lime
 

Registrations

Each separately identified agricultural liming material shall be registered before being distributed or used in the state. Agricultural liming materials registration fee is $50 per product.
 

Label requirements:
(1)  The name and principal business address of the manufacturer or distributor.
(2) The brand name of the agricultural liming material.
(3) The identification of the product as to the type of liming material.
(4) The new weight of the agricultural liming material.
(5) The minimum percentage of calcium oxide and magnesium oxide, calcium carbonate and magnesium carbonate, or total elemental calcium and total elemental magnesium.
(6) The calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists.
(7) The minimum percent by weight passing through United States standard sieves.
(8) The fineness classification of the material.
Any changes permitted in the guaranteed analysis for calcium carbonate equivalent or fineness classification for a registered product requires a new registration.
Any person who sells or offers for sale agricultural liming products that are registered, except persons who retail registered products to the consumer, is required to have a agricultural liming distributor permit. An agricultural liming materials distributor permit fee is $25.
 

Agricultural Liming Materials and Agricultural Liming Materials Distributor registrations are renewed annually. The registration period is January 1 – December 31.

Tonnage Reporting

The registrant of agricultural liming materials shall pay to the commissioner the inspection fee of $0.25 per ton within 30 days following June 30 and the December 31 each year. If the tonnage, or portion thereof, has been paid by another person; documentation by invoice must accompany the report. The minimum semiannual payment shall be $10. The minimum fee is waived if the total amount due is $2.00 or less. A penalty of 10 percent of the fees due, or $100, whichever is greater, shall be assessed, if the report is not received by August 15 and the February 15 each calendar year.


Contact:
 
 
1900 Kanawha Boulevard, East State Capitol, Room E-28, Charleston, WV, 25305-0170 P: (304) 558-3550 F: (304) 558-2203

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