PRODUCT AND INDUSTRY STANDARDS
The Office of Product & Industry Standards (OPIS) is responsible for ensuring the integrity of commodities regulated under the Commercial Feed, Animal Remedies, Seed, Fertilizer, and Agricultural Liming Materials Laws. To ensure that products are truthfully labeled, OPIS Inspectors inspect establishments that manufacture or distribute regulated products. The inspection involves reviewing product labels for accuracy and collecting and analyzing representative samples of the products. A regulated product having false or misleading labeling or containing a substance that has been identified as harmful to man, plants, animals, or the environment is prohibited from further distribution in Virginia. Also, a misbranded or adulterated product is prohibited from distribution until it is brought into compliance with the law.
Animal remedies are over-the-counter medications including wound ointments, wormers, antibiotics and drugs intended for animals. Prescription medications and vaccines handled by veterinarians are not included. The Office of Product and Industry Standards is responsible for ensuring the integrity of animal remedies sold in Virginia, by verifying that all animal remedies sold in Virginia are labeled properly.
Official samples of animal remedies are collected by OPIS Inspectors throughout Virginia and analyzed in the laboratory. If the laboratory analysis finds the product is misbranded or adulterated because it fails to meet its label guarantees or contains a substance that is harmful to animals or might endanger human food derived from the animals, the product is prohibited from further distribution in Virginia. It will remain prohibited until it is brought into compliance with the law.
A license is not required to manufacture or sell animal remedies.
Virginia Animal Remedies Law
FAQ’s
The Office of Product and Industry Standards is responsible for ensuring the integrity of commercial animal feed which includes feed for livestock, poultry, pets, specialty pets and medicated feed regulated by the Virginia Commercial Feed Law, by verifying that all feed sold in Virginia is labeled properly. Virginia manufacturers of animal feed are inspected on a regular basis to assure feeds are manufactured in a wholesome manner in accordance with the Current Good Manufacturing Practices. Official samples of animal feed are collected by OPIS Inspectors throughout Virginia and analyzed in the laboratory. If the laboratory analysis finds the product is misbranded or adulterated because it fails to meet its label guarantees or contains a substance that is harmful to animals or might endanger human food derived from the animals, the product is prohibited from further distribution in Virginia until it is brought into compliance with the law.
Virginia Commercial Feed
FAQ’s
The Office of Product and Industry Standards is responsible for ensuring the integrity of fertilizers, including organic fertilizers, soil amendments, soil conditioners, and horticultural growing media or potting soil, and agricultural liming materials sold in Virginia, by inspection of products for truthful labeling and analysis of official samples collected by OPIS inspectors. Official samples of fertilizer and agricultural liming materials are collected by OPIS Inspectors throughout Virginia and analyzed in the laboratory for label guarantees for plant nutrients or the ability to neutralize soil acid. If the laboratory analysis finds the product is misbranded or adulterated because it fails to meet its label guarantees or contains a substance that is harmful to plants or the environment, the product is prohibited from further distribution in Virginia until it is brought into compliance with the law.
Virginia Fertilizer Law
Virginia Agricultural Liming Materials Law
FAQ’s
Fertilizer and Lime Usage and Inspection Reports
Introduction
Monetary Values Used
Total Fertilizer Report 2005-06
Total Fertilizer by County 2005-06
Lime Tonnage by County 2005-06
Fertilizer Valuation and Penalty Report
Lime Sample Results 2005-06
All seeds for agricultural crops, lawn grass, vegetables, flowers and trees are regulated by the Virginia Seed Law. The Office of Product and Industry Standards is responsible for ensuring to the consumers of Virginia the integrity of seeds sold in Virginia. This is accomplished by reviewing product labels to make sure all seeds sold in Virginia are labeled properly. Official samples of seed are collected by inspectors throughout Virginia and tested in the Seed Laboratory. Seeds are tested for purity, trueness to variety, noxious weeds and germination. If laboratory tests find the product is misbranded or adulterated because it fails to meet its label guarantees or contains prohibited or restricted noxious weed seeds, the product is prohibited from further distribution in Virginia until it is brought into compliance with the law.
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." This also includes mixtures of seed intended for beautification or erosion control purposes. In keeping with other requirements, lawn and turf seed include: Bentgrass (Creeping, Colonial and Velvet), Bermudagrass, Kentucky Bluegrass, Chewing 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 year's inspection fee is based on the gross sales recorded for the calendar year January 1 through 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 each year for sales occurring during the previous year.
The activities associated with this program assure a level playing field within the petroleum industry of the Commonwealth. This quality assurance program protects the consumer from substandard products and protects the legitimate petroleum dealer from the adverse affects of competitors selling substandard products in order to gain a greater market share. Quality standards also address environmental aspects related to pollution reduction.
Virginia Motor Fuels and Lubricating Oils Law
This law provides for the registration of retail petroleum products outlets. The purpose of this registration is to record the establishment of retail franchise outlets and protect that location from encroachment by the producer/refiner retail operations. This law assures that retail franchise operations are not required to compete against large petroleum producers. Without this protection the independent small business retail franchise outlet operator would be subjected to direct competition with major petroleum companies.
Petroleum Products Franchise Act
The primary responsibility of the Seed Laboratory is testing seed for the enforcement of the Virginia Seed Law. It also tests Certified Seed for the Virginia Crop Improvement Association (VCIA) to determine if they meet minimum certification standards. In addition, seed analysts do service sample testing for farmers, seed dealers, processors and consumers. In carrying out its seed testing responsibilities, the laboratory works closely with VCIA and Foundation Seed Farm for the certification program and the Federal Seed Laboratory in Gastonia, NC for the enforcement of the Federal Seed Act.
Seed analysts perform several different tests to evaluate the various elements of seed quality:
- Purity test - determines the percentages of pure seed, other crop seeds, weed seed or inert matter.
- Noxious weed seed examination - determines the rate of occurrence of noxious weed seeds
- Growth test - determines germination percentage
- Tetrazolium chloride, a chemical test - determines potential viability
- Trueness to variety - may be determined by visual examination of seed characteristics, a phenol chemical test (for wheat), or a field grow-out test.
- Agar plate test - determines if seed is effectively treated with the labeled fungicide
The laboratory maintains field test plots to conduct trueness to variety grow-out tests. Seeds are planted in a replicate test pattern and mature plant characteristics are compared to those of a control sample grown in close proximity. All lots of foundation and registered seed are planted in trueness to variety grow-out plots, thus maintaining the cooperative agreement with VCIA. This includes soybeans, peanuts and small grains. In cooperation with USDA, grow-out tests are conducted on soybeans and cowpeas from samples submitted by Seed Control Officials from many states.
OPIS is responsible for the inspection and testing of all commercially used weighing and measuring equipment including gasoline dispensers, grocery scales, scanners, vehicle scales, liquified petroleum gas (LPG) meters and vehicle tank meters. This activity involves technical support to the user in the form of advice given on the selection, installation and use of equipment. Our service is beneficial to the user clients by reducing the cost of purchasing equipment and assures that the proper equipment is matched to the application. This assistance is important to the client in reducing the cost of purchasing and maintaining weighing and measuring equipment.
Other activities include the inspection and verification of packaged consumer products. This activity includes technical information and advice related to the proper labeling of packaged consumer goods as required by the Federal Fair Packaging and Labeling Act. Compliance to these standards is necessary to assure acceptance of commodities introduced to interstate trade. Our service assures that the client will not be exposed to added expenses related to the remanufacturing of containers or re-labeling of the commodity to meet the requirements.
Services of OPIS includes the Weights and Measures Service Agency and Technician Permitting program. This program provides for the training of technicians as to the requirements of the Weights and Measures Law and the applicable requirements of the National Institute of Standards and Technology Handbook 44.
Who needs to be licensed?
"Service Agency" means (i) a business or (ii) that portion of a government
or political subdivision engaged in the adjustment, installation, placing
in service, recommending for use, reconditioning, repairing, servicing,
or selling of any weight or measure commercially used or employed (a)
in establishing the size, quantity, extent, area, or measurement of
quantities, things, products, or articles for distribution or consumption,
purchased, offered, or submitted for sale, hire, award or (b) in computing
any basic charge or payment for services rendered on the basis of something's
weight or measure.
"Service technician" means any individual who for hire, award, commission, or any other payment of any kind, adjusts, installs, places in service, recommends for use, reconditions, repairs, services, or sells a commercial weight or measure.
Training Classes
Technician training classes are held 3 times a year. The seminar is mandatory
for new technicians wishing to be licensed under the Virginia Service Agencies
and Technicians Law and provides information regarding administrative
duties of compliance as well as introduction to and explanations of the
Law. There is a $100 fee for service agencies and a $25 fee for service
technicians. For information on the next training class, please contact
the Office of Product & Industry Standards at 804.786.2476.
Weights and Measures Service Agencies and Technicians Law
This program provides for the licensing of individuals to certify the accuracy of weight tickets. This function is similar to the activities of the "Notary Public" in that the Weighmaster is required to attest to the accuracy of a commodity's weight, sign a document and affix a seal.
The Cotton Handlers Law. The law contains requirements for licensing, bonding, and record keeping for all cotton gins, cotton warehouses, and cotton merchants operating in Virginia. Additionally, cotton ginned in Virginia must be graded by the United States Department of Agriculture or a comparable authority. This inspection authority includes investigation of complaints, monitoring inventories of stored cotton, and auditing of sales records.
Commission Merchants
The Commission Merchants
Law requires the licensing and bonding of businesses that market agricultural
commodities for a commission, such as tobacco warehouses and livestock
auction markets. This activity provides for the protection of the producer
by limiting the commissions charged by the facility and assures that prompt
payment is made to the producer.
Dealers in Agricultural Products Law
The Virginia Dealers in Agricultural Products
Law requires that all buyers
of agricultural products from Virginia producers be licensed and bonded,
unless they meet certain exemption requirements as provided by the Law.
The primary purpose of the Law is to help assure Virginia producers of
prompt accounting and payment for products sold.
The OPIS serves as the custodian of the State standards for mass, volume, length and temperature. These services are provided to both government and industry clients, for both regulatory and quality control processes. The OPIS Metrology Laboratory is the only local source available to these clients for traceability to national standards. This service is beneficial to our clients who would, otherwise, not have reasonable access to metrological calibrations. The OPIS Metrology Laboratory is accredited by the National Voluntary Laboratory Accreditation Program. This accreditation shows direct traceability of Virginia's laboratory to national standards.
For information on the Metrology Lab Testing Fees, please contact Linda Snead by phone at 804.786.0479 or E-mail linda.snead@vdacs.virginia.gov.