§ 3.1-273. (Repealed effective October 1, 2008) Penalty; assessment for variance from guarantee
A. Every violation of the provisions of this article shall be deemed a Class 3 misdemeanor.
B. Any person who sells any seed subject to the provisions of this article is subject to an assessment for variance from guarantee whenever the Commissioner or his agent determines such seed: (i) is not within testing tolerance of the labeled analysis; (ii) contains restricted noxious weed seeds in excess of the amount claimed on the label; (iii) is not labeled; or (iv) is not labeled in accordance with the provisions of this article.
The Commissioner or his agent shall make an assessment for variance from guarantee upon the person whose name appears on the label. The Commissioner or his agent shall make an assessment for variance from guarantee equivalent to one percent of the amount of money the person from whom the sample was taken receives from the sale of the seed or $100 (whichever is greater), upon each lot of seed or portion thereof the Commissioner or his agent sampled and found in violation, except as provided in § 3.1-273 (c). The Commissioner or his agent shall make the assessment for variance from guarantee only on the lot or portion thereof that the person sold after the Commissioner or his agent sampled the lot or portion thereof.
C. The Commissioner or his agent shall make an assessment for variance from guarantee upon the guarantor of three times the amount the Commissioner or his agent calculates pursuant to § 3.1-273 (b) whenever the Commissioner or his agent finds: (i) that the seed contains prohibited noxious weed seeds; (ii) that the seed contains restricted noxious weed seeds in a prohibited amount; (iii) the guarantor has mislabeled such seed as to variety including a component of a mixture; (iv) the person who sold such seed does not have the records required in § 3.1-266 available for inspection; or (v) the person who sold such seed does not have a laboratory analysis available for inspection to substantiate the labeling.
The guarantor on whom the assessment for variance from guarantee is made shall pay the assessment to the Commissioner within sixty days from the date the Commissioner or his agent issues the assessment to the guarantor. Any person who fails to pay the assessment within sixty days shall pay a late fee of ten percent of the assessment to the Commissioner in addition to the assessment. The Commissioner shall revoke the license of any person who fails to pay an assessment.
(Code 1950, § 3-219.11; 1958, c. 483; 1966, c. 702; 1994, c. 577.)
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