Sec. 37.1-58. - Definitions.

As used in this chapter, unless the context requires a different meaning:

Brand means a term, design, trademark or product name under which a regulated product is distributed.

Bulk means in nonpackaged form.

Bulk fertilizer means a fertilizer distributed in a nonpackaged form.

Commercial fertilizer means a fertilizer distributed for farm use, or for any other use, other than any specialty fertilizer use.

Compost means a biologically stable material derived from the composting process.

Composting means the biological decomposition of organic matter. It may be accomplished by mixing and piling so as to promote aerobic decay, anaerobic decay, or both aerobic and anaerobic decay.

Contractor-applicator means any person required to hold a permit to distribute or apply any regulated product pursuant to Virginia Code § 3.2-3608.

Custom medium means a horticultural growing medium that is prepared to the exact specifications of the person who will be planting in the medium and delivered to that person without intermediate or further distribution.

Deficiency means the amount of nutrient found by analysis to be less than that guaranteed, which may result from a lack of nutrient ingredients, or from lack of uniformity.

Distribute means to import, consign, manufacture, produce, compound, mix, blend, or in any way alter, the chemical or physical characteristics of a regulated product, or to offer for sale, sell, barter, warehouse or otherwise supply regulated product in the Commonwealth.

Distributor means any person who distributes.

Fertilizer means any substance containing one (1) or more recognized plant nutrients, which is used for its plant nutrient content, and which is designed for use, or claimed to have value, in promoting plant growth. Fertilizer does not include unmanipulated animal and vegetable manures, marl, lime, limestone, and other products exempted by regulation.

Fertilizer material means a fertilizer that: (i) contains important quantities of no more than one (1) of the primary plant nutrients: Nitrogen (N), phosphate (P205) and potash (K20); (ii) has eighty-five (85) percent or more of its plant nutrient content present in the form of a single chemical compound; or (iii) is derived from a plant or animal residue, a by-product, or a natural material deposit that has been processed or conditioned in such a way that its content of plant nutrients has not been materially changed, except by purification and concentration.

Grade means the percentage of total nitrogen (N), available phosphate (P205) and soluble potash (K20), stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis, except that fertilizer materials, specialty fertilizers, bone meal, manures and similar raw materials may be guaranteed in fractional units.

Guaranteed analysis means that information required by this chapter to be displayed on the label of a regulated product.

Guarantor means the person whose name appears on the label of a regulated product.

Horticultural growing medium means any substance or mixture of substances that is promoted as or is intended to function as an artificial soil for the managed growth of horticultural crops.

Industrial co-product means a product derived from an industrial process that meets the definition of fertilizer, soil amendment, soil conditioner or horticultural growing medium.

Investigational allowance means an allowance for variations, inherent in the taking, preparation, and analysis of an official sample.

Label means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a regulated product, including an invoice.

Labeling means all written, printed, or graphic matter, upon or accompanying any regulated product, including invoices, advertisements, brochures, posters, and television and radio announcements, used in promoting the sale of the regulated product.

Lawn fertilizer means any fertilizer intended for nonagricultural use on newly established turf areas from sod or seed during the first growing season, turf areas being repaired or renovated, and turf areas where soil tests performed within the past three (3) years indicate a nutrient deficiency.

Lawn maintenance fertilizer means any fertilizer intended for the nonagricultural routine maintenance of turf.

Licensee means the person who receives a license to distribute any regulated product under the provisions of this chapter.

Manipulated manure means animal or vegetable manure that is ground, pelletized, mechanically dried, packaged, supplemented with plant nutrients or other substances other than phosphorus, or otherwise treated in a manner to assist with the sale or distribution of the manure as a fertilizer or soil or plant additive.

Manufacturer means any person who manufactures, produces, compounds, mixes, blends, or in any way alters the chemical or physical characteristics of any regulated product.

Mixed fertilizer means a fertilizer containing any combination or mixture of fertilizer materials.

Official analysis means the analysis of an official sample, made by the commissioner.

Official sample means the sample of regulated product taken by the commissioner, and designated as "official" by the board.

Percent or percentage means the percentage by weight.

Primary nutrient includes total nitrogen (N), available phosphate (P205), and soluble potash (K20).

Quantity statement means the net weight (mass), net volume (liquid or dry), count or other form of measurement of a commodity.

Registrant means the person who registers regulated products, under the provisions of this chapter.

Regulated product means any product governed by this chapter, including any fertilizer, specialty fertilizer, soil amendment, soil conditioner, and horticultural growing medium.

Soil amendment means any substance or mixture of substances, imported, manufactured, prepared or sold for manurial, soil enriching, or soil corrective purposes, or intended to be used for promoting or stimulating the growth of plants, increasing the productivity of plants, improving the quality of crops, or producing any chemical or physical change in the soil. The following are exempt from the definition of "soil amendment": fertilizer, unmanipulated or composted animal and vegetable manures, soil conditioners, horticultural growing media, agricultural liming materials, unmixed mulch and unmixed peat.

Soil conditioner means any substance or mixture of substances imported, manufactured, prepared or sold for soil corrective purposes including polyelectrolytes such as complex vinyl and acrylic compounds and certain cellulose and lignin derivatives.

Specialty fertilizer means a fertilizer distributed for nonfarm use, including use on home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries.

Stop sale, use, removal, or seizure order means an order that prohibits the distributor from selling, relocating, using, or disposing of a lot of regulated product, or portion thereof, in any manner, until the commissioner or the court gives written permission to sell, relocate, use or dispose of the lot of regulated product or portion thereof.

Ton means a unit of two thousand (2,000) pounds avoirdupois weight.

Turf means nonagricultural land that is planted as closely mowed, managed grass and includes golf courses, parks, cemeteries, publicly owned lands, and residential, commercial, or industrial property.

Unmanipulated manure means substances composed of the excreta of domestic animals, or domestic fowls, that has not been processed or conditioned in any manner including processing or conditioning by drying, grinding, pelleting, shredding, addition of plant food, mixing artificially with any material or materials (other than those that have been used for bedding, sanitary or feeding purposes for such animals or fowls), or by any other means.

(Ord. No. 6807-11, § 1)

Sec. 37.1-59. - Regulation of fertilizer; authority.

The city imposes the following prohibition of fertilizer in conjunction with requirements of the Chesapeake Bay Preservation Act (Virginia Code § 10.1-2100 et seq. and Chapter 37.1, Article V of the Code of the City of Newport News), the Erosion and Sediment Control Law (Virginia Code § 10.1-560 et seq. and Chapter 35 of the Code of the City of Newport News), the Stormwater Management Act (Virginia Code § 10.1-603.1 et seq. and Chapter 37.1, Article III of the Code of the City of Newport News), or other nonpoint source regulations adopted by the department of conservation and recreation or the soil and water conservation board. The provisions of this section shall not preempt the adoption, amendment, or enforcement of the Statewide Fire Prevention Code pursuant to Virginia Code § 27-97 and Title 16 of the Code of the City of Newport News and the Uniform Statewide Building Code pursuant to Virginia Code § 36-98 et seq. and Chapter 13 of the Code of the City of Newport News.

(Ord. No. 6807-11, § 1)

Sec. 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)

Sec. 37.1-61. - Exception for contractor-applicators, licensees regulated by the state, and golf courses.

Contractor-applicators and licensees in full compliance with state regulations shall not be subject to local ordinances governing the use or application of lawn fertilizer and lawn maintenance fertilizer. Golf courses in compliance with this Virginia Code § 10.1-104.5. shall not be subject to any part of these ordinances governing the use or application of fertilizer.

(Ord. No. 6807-11, § 1)

Sec. 37.1-62. - Sale of deicing agents.

Beginning December 31, 2013, it is unlawful for any person to offer for sale any deicing agent containing urea or other forms of nitrogen or phosphorus intended for application to parking lots, roadways, and sidewalks or other paved surfaces in the City of Newport News. The provisions of this section shall not restrict the continued sale by retailers of any deicing agent from any existing inventories in stock on December 31, 2013.

(Ord. No. 6807-11, § 1)

Sec. 37.1-63. - Labeling.

(a)

The manufacturer or guarantor of any regulated product distributed in the City of Newport News shall affix a label to the container or provide an invoice at the time of delivery for a bulk regulated product that states in clear, legible and conspicuous form, in the English language, the following information:

(1)

The quantity statement;

(2)

The grade under a given brand. The grade shall not be required when no primary nutrients are claimed;

(3)

The guaranteed analysis, which shall:

a.

For fertilizers, conform to the following, with the percentage of each plant nutrient stated as follows:

1.

Total Nitrogen (N) ..... ____________%

Available Phosphate (P205) ..... ____________%

Soluble Potash (K20) ..... ____________%

2.

For unacidulated mineral phosphate materials and basic slag, bone, tankage, and other organic phosphate materials, the available phosphate (P205), or the degree of fineness, or both, may also be guaranteed;

3.

Guarantees for plant nutrients other than nitrogen (N), phosphate (P205), and potash (K20) shall be expressed in the form of the element. A statement of the sources of nutrients including oxides, salt, and chelates, may be required on the application for registration of specialty fertilizers, and may be included as a parenthetical statement on the label. Degree of acidity or alkalinity (pH), beneficial substances, or compounds determinable by laboratory methods also may be guaranteed by permission of the commissioner and with the advice of the Director of the Virginia Experiment Station. When any degree of acidity or alkalinity (pH), beneficial substances, or compounds are guaranteed, they shall be subject to inspection and analysis in accord with the methods and regulations prescribed by the board of agriculture and consumer services;

b.

For soil amendments, consist of a list of ingredients, and may include a statement of naturally occurring nutrient levels;

c.

For soil conditioners, including polyelectrolytes, contain the following information in the following form:

1.

Name of active ingredient ..... ____________%

(name and list all)

2.

Total other ingredients ..... ____________%

d.

For horticultural growing media, include a list of ingredients and other guarantees as required by regulation;

e.

When compost derived from sewage sludge, hazardous materials, unrendered animals or poultry or their parts, or other source material specified in regulations established by the board of agriculture and consumer services is used as an ingredient, identify the source material of the compost; and

f.

Include a list of such other ingredients as may be required by the board through regulation.

(4)

The name and address of the registrant or licensee.

(b)

A commercial fertilizer that is formulated according to specifications provided by a consumer prior to mixing, or any fertilizer formulated for a consumer, shall be labeled to show: (i) the quantity statement; (ii) the guaranteed analysis; and (iii) the name and address of the distributor or the licensee.

(c)

For horticultural growing media, a statement of added fertilizers, if any, shall be listed on the registration document and customer sales invoice.

(d)

Beginning December 31, 2013, lawn fertilizer and lawn maintenance fertilizer shall be labeled as follows:

"DO NOT APPLY NEAR WATER, STORM DRAINS, OR DRAINAGE DITCHES. DO NOT APPLY IF HEAVY RAIN IS EXPECTED. APPLY THIS PRODUCT ONLY TO YOUR LAWN/GARDEN, AND SWEEP ANY PRODUCT THAT LANDS ON THE DRIVEWAY, SIDEWALK, OR STREET, BACK ONTO YOUR LAWN/GARDEN."

(Ord. No. 6807-11, § 1)