West Virginia Code 19-15A-3 – Required labeling; toxic materials prohibited
(a) A person may not sell, offer to sell or expose for sale in the state any agricultural liming materials which do not have affixed to the outside of each package in a conspicuous manner a plainly printed, stamped or otherwise marked label, tag or statement or, in the case of bulk sales, a delivery invoice including at least the following:
Terms Used In West Virginia Code 19-15A-3
- Agricultural liming material: means a product that contains calcium and magnesium carbonate, hydroxide or oxide which are capable of neutralizing soil acidity. See West Virginia Code 19-15A-1
- Brand: means the term, designation, trademark, product name or other specific designation under which individual agricultural liming materials are offered for sale. See West Virginia Code 19-15A-1
- Bulk: means materials in nonpackaged form. See West Virginia Code 19-15A-1
- Distributor: means any person who sells or offers for sale agricultural liming products that are registered pursuant to this article, but does not include persons who retail registered products in nonbulk form to the ultimate consumer. See West Virginia Code 19-15A-1
- Fineness: means the percentage by weight of the material which will pass U. See West Virginia Code 19-15A-1
- Label: means any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments. See West Virginia Code 19-15A-1
- Person: means any individual, partnership, association, fiduciary, firm, corporation or any organized group of persons whether incorporated or not. See West Virginia Code 19-15A-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Type: means the designation given to the product from its source material. See West Virginia Code 19-15A-1
- Weight: means the weight of undried liming material as offered for sale. See West Virginia Code 19-15A-1
(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 net weight of the agricultural liming material.
(5) The minimum percentage of calcium oxide and magnesium oxide or calcium carbonate and magnesium carbonate.
(6) The calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists International (AOAC).
(7) The minimum percent by weight passing through United States standard sieves.
(8) The fineness classification of the material.
(b) A copy of the statement provided for in subsection (a) of this section shall be posted for each brand sold in bulk at each site where purchase orders are accepted or from which deliveries for such liming materials are made.
(c) No information or statement may appear on any package, label, delivery invoice or advertisement which gives a false or misleading impression to the purchaser as to the quality, analysis, type or composition of the liming material.
(d) When agricultural liming material has been adulterated subsequent to packaging, labeling or loading thereof and before delivery has been made to the consumer, conspicuous, plainly worded notice to that effect shall be affixed by the vendor to the package or delivery invoice to identify the kind and degree of adulteration therein: Provided, That agricultural liming material may not be sold or offered for sale in the state which contains toxic materials in quantities injurious to plants or animals when applied according to directions.