3.2-4804 - Product registration required of commercial feed distributors.
§ 3.2-4804. Product registration required of commercial feed distributors.
A. Any person who distributes: (i) medicated feed; (ii) small packagecommercial feed; or (iii) specialty pet food shall register those commercialfeeds with the Commissioner and pay to the Commissioner the registration feesspecified in this section. It is unlawful for any person to distributemedicated feed, small package commercial feed, or specialty pet food in theCommonwealth without first obtaining a registration certificate from theCommissioner.
B. The registration year for medicated feed, small package commercial feed,and specialty pet food shall be January 1 through December 31. Eachregistration shall expire on December 31 of the year for which it is issued.Any registration shall be valid through January 31 of the next ensuing yearor until the issuance of the renewal registration, whichever event occursfirst, if the holder of the registration has filed a renewal application withthe Commissioner on or before December 31 of the year for which the currentregistration was issued. Any person who fails to comply with registrationrenewal requirements shall pay a $50 late fee to the Commissioner in additionto the registration fee. The Commissioner may issue a stop sale, use,removal, or seizure order on any nonregistered commercial feed until suchregistration is issued.
C. Every manufacturer or guarantor of a medicated feed, except forcustomer-formula medicated feed, distributed in the Commonwealth shall: (i)apply for registration for each medicated feed on forms furnished or approvedby the Commissioner; (ii) pay a registration fee of $50 per medicated feed tothe Commissioner by January 1; and (iii) submit a copy of the proposed labelfor such medicated feed for approval with the registration form. Themanufacturer or guarantor is not required to register additional packagesizes of the same medicated feed.
D. Every manufacturer or guarantor of small package commercial feed shall:(i) apply for registration for each small package commercial feed on formsfurnished or approved by the Commissioner; (ii) pay a registration fee of $50to the Commissioner by January 1 per small package commercial feed, in lieuof an inspection fee for this size package; and (iii) submit a copy of anylabel, used or proposed to be used with the small package commercial feed forapproval with the registration form.
E. Every manufacturer or guarantor of a specialty pet food distributed in theCommonwealth in individual packages of one pound or less shall: (i) apply forregistration for each specialty pet food in individual packages of one poundor less only on forms furnished or approved by the Commissioner; (ii) pay aregistration fee of $35 to the Commissioner by January 1 per specialty petfood to a maximum of $700 for this size package, in lieu of the inspectionfee; and (iii) submit a copy of any label, used or proposed to be used withthe specialty pet food, for approval with the registration form.
F. If the Commissioner, after examination and investigation, finds that theapplication and labeling of commercial feed comply with this chapter, theCommissioner shall issue a certificate of registration to the applicant uponpayment of the specified registration fee. The granting of registration doesnot constitute the Commissioner's recommendation or endorsement of theproduct.
G. If the Commissioner identifies any unregistered commercial feed incommerce in the Commonwealth during the registration year, the Commissionershall give the guarantor or manufacturer a grace period of 15 working daysfrom issuance of notification of nonregistration to the guarantor ormanufacturer within which to register the product. Any guarantor ormanufacturer who fails to register the product within the grace period shallpay a $50 late fee to the Commissioner in addition to the registration fee.The Commissioner may issue a stop sale, use, removal, or seizure order uponany commercial feed until the registration is issued.
(1994, c. 743, § 3.1-828.7; 2008, c. 860.)