§ 3.1-106.11. (Repealed effective October 1, 2008) Adulteration
A. No person may distribute an adulterated regulated product. Regulated product shall be deemed to be adulterated if:
1. It contains any deleterious or harmful ingredient, in sufficient amount to render it injurious to beneficial plant life, when applied in accordance with directions for use on the label;
2. It does not contain an adequate warning statement, or directions for use, on the label sufficient to protect plant life;
3. It has a composition which falls below or differs from that which it is purported to possess by its labeling; or
4. It contains unwanted crop seed, or viable prohibited or restricted noxious weed seeds in amounts exceeding the limits specified in the regulations of the Board.
B. The person whose name is on the label of any regulated product found to be adulterated shall pay to the consumer an assessment equal to ten percent of the retail value of the regulated product found to be in violation of subsection A of this section not to exceed five thousand dollars per occurrence. The assessment for adulteration shall apply only to the retail sale of any regulated product made from a lot or a portion thereof after the Commissioner or his agent has sampled the lot or a portion thereof.
(1994, c. 740.)
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