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REGULATORY SERVICES

Plant Industry Services
Frequently Asked Questions

Who needs an Animal Remedies license?
No license is required to manufacture or sell animal remedies.

What Animal Remedy products need to be registered?
With the exception of medicated feeds registered under the Virginia Commercial Feed Law, all animal remedies marketed in Virginia must be registered by the manufacturer or distributor before the product is put in the channels of trade. The registrant shall pay an inspection fee of $25.00 per product for each registration year (January 1 - December 31).

If an unregistered animal remedy is found in commerce in Virginia, the person required to register the product is given a grace period of 15 working days, after being notified that the product is not registered, within which to register the animal remedy. Any person who fails to register the product within the grace period shall pay a $50.00 late fee in addition to the $25.00 inspection fee.

Who needs a Commercial Feed license?
Any person or firm who manufactures a commercial feed, or whose name appears on the product label as the guarantor, is required to obtain a commercial feed license before distributing, selling, offering or exposing for sale in Virginia any commercial feed, or before supplying feed to a contract feeder. The annual license fee is $50.00.  Any person or firm with multiple manufacturing facilities is required to obtain a license for each facility. The license year is January 1 through December 31.

If commercial feed products manufactured or guaranteed by an unlicensed person or firm are found in commerce in Virginia, the person or firm required to obtain the license is given a grace period of 15 working days, after being notified, within which to obtain the required license.  Any person or firm who fails to obtain the required license within the grace period shall pay a $50.00 late fee in addition to the original license fee. 

Any licensed person or firm who fails to comply with the annual license renewal requirements shall pay a $50.00 late fee in addition to the license fee.

What Commercial Feed products need to be registered?
All medicated feed, small package commercial feed, specialty pet feed and canned animal food products are required to be registered before being distributed in Virginia. Most home-made pet foods and treats are considered small package or canned feed products. 

The registration year is January 1 through December 31.  A label for each product must be submitted for review and approval prior to registration.   Refer to the chart below for product registration fees.  

Any person or firm who fails to comply with the registration renewal requirements shall pay a $50.00 per product late fee in addition to the registration fee. If an unregistered commercial feed product is found in commerce in Virginia, the person or firm required to register the product is given a grace period of 15 working days, after being notified that the product is not registered, within which to register the product.  Any person or firm who fails to register the product within the grace period shall pay a $50.00 per product late fee in addition to the registration fee.

Product Category

Description

Fees

Medicated Feed
[bulk and/or packaged]

Commercial feed mixed with a drug

$50.00 per product

Small Package Commercial Feeds
[packaged 10 lb. & under]

 

 

Commercial feed includes any materials which are intended for use as feed for animals, including cats, dogs, horses, rabbits & wild birds

$50.00 per product

Canned Pet Food
[all can sizes]

Canned food intended for use as food for animals, including cats, and dogs

$50.00 per product

Specialty Pet Food
[packaged 1 lb. & under]

Commercial feed prepared and distributed for consumption by specialty pets. Specialty pets are defined as any domesticated animals normally maintained in a cage or tank.

(Exempted are rabbits & wild birds)

$35.00 per product [$700 maximum registration fee] (20 products)

 

Specialty Pet Food
[packaged over 1 lb.]

Commercial feed prepared and distributed for consumption by specialty pets. Specialty pets are defined as any domesticated animals normally maintained in a cage or tank. (Exempted are rabbits & wild birds)

$50.00 per product

Filing Instructions for Feed Licenses and Products
The following documents are required to be submitted for Feed Licensing and Product Registration.  Except in the case of registration of animal remedy products, a current Virginia feed license is required before any products will be registered for sale or distribution in Virginia.

1. Completed Feed License Application
2. $50.00 License fee
3. Completed Feed Product Registration Application
4. Fees (as indicated above) for each product to be registered
5. Legible labels for each product to be registered – labels on CD are acceptable

Who pays Commercial Feed Inspection Fees?
The Virginia Commercial Feed Law requires the manufacturer or guarantor of commercial feed products to report feed tonnage on all commercial feed sold or distributed to a non-licensee during the reporting period. The reporting period for regulated products is from January 1 through December 31 with the fee due by February 1 of the following year. The inspection fee is $0.07 per ton (seven cents per ton) or $35.00, whichever is the greater amount.  Inspection fees received after the due date are assessed a late fee of 10% of the inspection fee due, or $50.00, whichever is the greater amount.

Who needs a Fertilizer license?
Specialty Fertilizer License -
Any person whose name appears upon the label of any regulated product as the manufacturer or distributor shall obtain a license to distribute in the Commonwealth of Virginia.

Commercial Fertilizer License -
Any person who distributes regulated product shall obtain a license prior to distributing any regulated product. A license is required for each manufacturing location that distributes any regulated product within the Commonwealth of Virginia.

Contractor-Applicator License -
Any person desiring to become a Contractor-Applicator shall, before engaging in business as a contractor-applicator, obtain a permit to do business in the Commonwealth. The applicant shall guarantee compliance with all provisions of Title 3.2, Chapter 36 of the Code of Virginia (1950), as amended (also known as the Virginia Fertilizer Law) to include an assurance of delivery of the quantity and grade of fertilizer, or the quantity of any regulated product, as described on the consumer's invoice.

What Fertilizer products need to be registered?
Specialty Fertilizer -
In addition to licensing requirements, any person whose name is on the label of, and who distributes in the Commonwealth, 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 apply for registration for such specialty fertilizer.
Soil Amendment, Soil Conditioner and Horticultural Growing Medium -
In addition to the licensing requirements, any person who distributes in the Commonwealth a soil amendment, soil conditioner or horticultural growing medium shall apply for registration for such soil amendment, soil conditioner, or horticultural growing medium.

Fertilizer

Fees

License Fee

$50/year

Contractor/Applicator License

$50/year

Registration Per Product
Specialty fertilizer less than or equal to 50 pounds or 5 gallons

$50/year

Soil Conditioners, Amendments, and Horticultural Growing Media

$100/year

Inspection Fee

$0.25 per ton

Filing Instructions for Fertilizer Licenses and Products
The following documents are required for Fertilizer Licensing and Product Registration:

  1. Completed Fertilizer License Application
  2. $50 fee for Fertilizer License Application
  3. Completed Fertilizer Product Registration Application
  4. $50 for each Specialty Fertilizer; $100 for each soil amendment, soil conditioner and horticultural growing medium.
  5. Labels for each product to be registered

Who needs to report Monthly Fertilizer Tonnage?
The Virginia Fertilizer Law requires that any person distributing or selling commercial fertilizer to a non-licensee shall complete a monthly tonnage report. Section 3.2-3610 of the Virginia Fertilizer Law describes how the statistical tonnage information is to be reported, namely in one of the following formats: (a) on a summary form prescribed by the Commissioner; or (b) in a summary report filed by electronic transfer, utilizing the Uniform Fertilizer Tonnage Reporting System (UFTRS). Other forms of reporting will not be accepted. Each month must be reported separately and must be received by the 20th day of the month following the reporting month, even if the tonnage to be reported is ZERO.  Reports not received by the 20th day of the month following the reporting month are subject to a $35.00 late filing fee.

Who pays Fertilizer inspection fees?
Any person who distributes fertilizer in Virginia to a non-licensee is required by the Virginia Fertilizer Law to pay an annual inspection fee. The inspection fee is $35.00 or 25 cents per ton, whichever is greater, per tonnage reporting year. The reporting year for regulated products is July 1 through June 30. The manufacturer or guarantor shall file the tonnage report and pay the inspection fee by August 1 of each year.

Who needs a Lime License?
Contractor/Applicator -
Any person or company desiring to become a contractor as defined in § 3.2-3704 of the Code of Virginia (1950), as amended (also known as the Agricultural Liming Materials Law), shall obtain a permit to do business in the Commonwealth before engaging in such business. The permit year is January 1 through December 31.  This permit is combined with the Fertilizer Contractor/Applicator permit, thus permitting a person or company to apply both fertilizer and lime. The contractor shall guarantee compliance with all provisions of Title 3.2, Chapter 37 of the Agricultural Liming Materials Law, which apply to the sale and delivery of bulk liming material.

Manufacturer/Distributor -
Each person who manufactures or whose name appears on the label of any liming material to be distributed in the Commonwealth shall obtain a license prior to distribution of such liming material. The license year for all distributors and manufacturers is July 1 through June 30 of the following year. The license fee is $50.00 per year.

What Lime Products need to be registered?
Agricultural Liming Product -
Any distributor of agricultural liming material in the Commonwealth of Virginia shall register each brand of agricultural liming material before distributing it in the Commonwealth.

Industrial Co-Product -
Any distributor of any brand of industrial co-product used to neutralize soil acid shall register each brand of industrial co-product before distributing in the Commonwealth of Virginia. Each distributor shall submit test data indicating the product's neutralizing value and its safety to plants and animals.

Filing Instructions for Lime License and Products
The following documents are required for Lime Licensing and Product Registration:

  1. Completed Lime License or Permit Application
  2. $50.00 fee for Lime License/Permit Application
  3. Completed Lime Product Registration Application
  4. $50.00 for each Agricultural Liming Product; $100.00 for each Industrial Co-Product
  5. Labels for each product to be registered

Who pays Lime Inspection fees?
By August 1 of each year, each person who distributes liming material to a non-licensed person shall submit an annual tonnage report for the reporting year July 1 through June 30 of the following year indicating the number of tons of each liming material sold by the distributor for use in Virginia. An additional report that shows where the liming material was sold, by county, is also required. Each person distributing liming material in Virginia to a non-licensed person shall pay an inspection fee of $35.00 or five cents per ton of liming material, whichever is greater.

Who needs a Seed Dealers License?
Before distributing, selling, or offering or exposing seed for sale in the Commonwealth of Virginia, any person whose name appears on the label of seed shall obtain a license. The license year for all persons selling seed is January 1 through December 31 of each year. The license fee is $50.00.

Which Lawn and Turf Seed Mixtures need to be registered?
Each and every lawn and turf seed mixture bearing a distinguishing name or trademark in prepackaged containers of one hundred (100) pounds or less shall be registered annually by the person packing or distributing the mixture. The registration year is January 1 through December 31. The fee for registration of a lawn and turf seed mixture is $50.00 per product.

Filing Instructions for Seed Dealers License and Lawn and Turf Seed Mixtures
The following documents are required for Seed Dealer Licensing, and Lawn and Turf Seed Mixture Registration:

  1. Completed Seed License Application
  2. $50.00 fee for Seed License
  3. Completed Lawn & Turf Seed Mixture Registration Application
  4. $50.00 for each Lawn and Turf Seed Mixture Product
  5. Labels for each product to be registered

Processing of Applications: Upon receipt of your applications, we will review the products you wish to register for sale in the Commonwealth of Virginia, affirming that your labels comply with Title 3.2, Chapter 40 of the Code of Virginia (1950), as amended, (known as the Virginia Seed Law) and the rules and regulations promulgated pursuant to it.

Who pays Seed Inspection Fees?
The Virginia Seed Law requires the payment of an annual inspection fee of 0.3% (three tenths of one percent) of the gross sales of lawn and turf seed sold in Virginia.  Lawn and turf seed are defined as, "seeds of grasses commonly recognized and sold for lawns, recreational and utilitarian areas where turf is grown for beautification or erosion control."  Also included mixtures of seed intended for beautification or erosion purposes. In keeping with other requirements, lawn and turf seed include: Bentgrass (Creeping, Colonial, and Velvet), Bermuda Grass, Kentucky Bluegrass, Chewings Fescue, Hard Fescue, Red Fescue, Sheep Fescue, Tall Fescue (turf type varieties), Perennial Ryegrass (varieties), Rough Bluegrass and Zoysia. The party responsible for the introduction of lawn and turf seed into Virginia is responsible for payment of the inspection fee. The annual inspection fee is based on the gross sales recorded between January 1 and December 31. If you do not sell any lawn and turf seed or mixtures during this period you are not required to pay an inspection fee; however, you must complete and return the report form. Inspection fees are due on January 31 for sales for the previous year.

Revised 04-02-2009

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