§ 3.1-106.10. (Repealed effective October 1, 2008) Misbranding
A. No person may distribute misbranded regulated product. Regulated product shall be deemed to be misbranded if:
1. It has a label which is false or misleading in any particular;
2. It is distributed under the name of another product;
3. It is not labeled as specified in § 3.1-106.5 of this chapter, and in accordance with regulations prescribed under this chapter; or
4. It purports to be, or is represented as, a fertilizer, or is represented as containing a plant nutrient or fertilizer, unless such plant nutrient or fertilizer conforms to the definition of identity, if any, as prescribed by regulation of the Board.
B. The person whose name is on the label of any regulated product found to be misbranded 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. The assessment for misbranding 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.)
Sections: Previous 3.1-106.4:1 3.1-106.4:2 3.1-106.5 3.1-106.6 3.1-106.7 3.1-106.8 3.1-106.9 3.1-106.10 3.1-106.11 3.1-106.12 3.1-106.13 3.1-106.14 3.1-106.15 3.1-106.16 3.1-106.17 NextLast modified: April 16, 2009