§ 3.1-292. (Repealed effective October 1, 2008) Inspection of potatoes; right of entry; "stop sale" order; s...
To effectively enforce the provisions of this chapter, the Commissioner of Agriculture and Consumer Services shall require employees of his department to inspect Irish potatoes and parts thereof shipped into, advertised, possessed, sold or offered for sale within this Commonwealth for the purpose of propagation or being planted for the production of commercial Irish potatoes, and the Commissioner and such employees may enter any place of business, warehouse, common carrier or other place where such potatoes are being stored, being held or being planted, for the purpose of making such inspection. It shall be unlawful for any person having custody of such potatoes or of the place in which the same are held to interfere with such inspections. The fee for such inspection shall not exceed the current rate for federal-state inspection of table stock potatoes or the reasonable cost of inspection, whichever is less. Any fee imposed by the Commissioner shall be abated to the extent funds are appropriated from the general fund for seed potato inspection. Records such as bills of lading or invoices accompanying each shipment of "approved seed" Irish potatoes shall give the name of the consignee, consignor and/or custodian. The Commissioner or his duly authorized agents shall have the right to inspect such records for the purpose of the effective administration of this chapter. When the Commissioner or his employees find potatoes or parts thereof held, offered or exposed for sale in violation of any of the provisions of this chapter or any rule or regulation adopted pursuant thereto, he may issue a written or printed "stop sale" order to the owner or custodian of any such potatoes and it shall be unlawful for anyone, after receipt of such "stop sale" order, to sell for propagation purposes within this Commonwealth, any potatoes with respect to which such order has been issued until the Commissioner has evidence that such potatoes will be used for other than propagation purposes or for propagation purposes outside of this Commonwealth. When the Commissioner has evidence that such potatoes will be used for other than propagation purposes or for propagation purposes outside of this Commonwealth, he shall issue a notice releasing such potatoes from the "stop sale" order. Further, any shipment of Irish potato seed being offered or exposed for sale, advertised, planted, or held with intent to sell or being planted for propagation purposes or for production of commercial white potatoes, contrary to the provisions of this chapter shall be subject to seizure on complaint of the Commissioner to a court of competent jurisdiction in the county or city in which the Irish potatoes are located. In the event the court finds the Irish potatoes to be in violation of the provisions of this chapter and orders the condemnation thereof, the person having possession of the Irish potatoes shall be permitted to post a bond double the amount of the value of the Irish potatoes, and such person shall have ten days from the date of the order of condemnation to denature, destroy or process for other than propagation purposes the Irish potatoes in such person's possession. If the person in possession of the Irish potatoes fails to post the bond required or act within the time limit set forth in the preceding sentence, then the court shall order that the Irish potatoes shall be denatured, destroyed or processed for other than propagation purposes.
(Code 1950, § 3-228.8; 1950, p. 1030; 1966, cc. 686, 702; 1978, c. 540; 1980, c. 308.)
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