§ 3.2-4108. (Effective October 1, 2008) "Stop sale" order; seizure; condemnation.
A. When the Commissioner finds seed potatoes sold or offered for sale in violation of this chapter or any regulation hereunder, he may issue a "stop sale" order to the owner or custodian. It is unlawful for anyone to sell any seed potatoes under a "stop sale" order until the Commissioner has evidence that such potatoes will: (i) not be used for propagation purposes; or (ii) be used outside the Commonwealth. When the Commissioner has such evidence, he shall issue a notice releasing potatoes from the "stop sale" order.
B. Any shipment of seed potatoes in violation of this chapter shall be subject to seizure on complaint of the Commissioner to the appropriate court in the city or county where the seed potatoes are located. If the court finds the seed potatoes to be in violation and orders condemnation, the owner shall be permitted to post a bond double the amount of the value of the seed potatoes. Then the owner shall have 10 days from the date of the order of condemnation to denature, destroy, or process the potatoes for other than propagation purposes. If the owner 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 seed potatoes be denatured, destroyed, or processed for other than propagation purposes.
(Code 1950, § 3-228.8; 1950, p. 1030; 1966, cc. 686, 702, § 3.1-292; 1978, c. 540; 1980, c. 308; 2008, c. 860.)
Sections: Previous 3.2-4100 3.2-4101 3.2-4102 3.2-4103 3.2-4104 3.2-4105 3.2-4106 3.2-4107 3.2-4108 3.2-4109 3.2-4110 3.2-4111 NextLast modified: April 16, 2009