§ 3.1-828.11. (Repealed effective October 1, 2008) Assessments for variance from guaranteed analysis, misbrandin...
A. If the Commissioner or his agent determines that a commercial feed fails to meet the label guarantee within the analytical variations specified in § 3.1-828.4, the Commissioner or his agent shall make an assessment against the guarantor on each pound of the lot of commercial feed represented by the sample and which any person sold as follows:
1. For deficient protein, two and one-half times the value of the deficiency;
2. For deficient fat, two times the value of the deficiency; and
3. For excessive fiber, ten percent of the sales invoice price of the feed.
B. If the Commissioner or his agent determines that any commercial feed is misbranded as provided in § 3.1-828.9 or adulterated as provided in § 3.1-828.10 of this chapter, the Commissioner or his agent shall assess ten percent of the sales invoice price of the feed against the guarantor on each pound of the lot of commercial feed represented by the sample and which any person sold.
C. If the Commissioner or his agent finds a commercial feed in violation of § 3.1-828.9 or § 3.1-828.10 or subsection A of this section, the Commissioner or his agent:
1. Shall make an assessment on the manufacturer or guarantor based on the violations which occur in a ninety-day period, such period to begin on the date when the Commissioner or his agent sends notification of the violation to the manufacturer or guarantor. The ninety-day period restarts upon each notification of violation to the manufacturer;
2. Shall make an assessment on the manufacturer or guarantor on violative commercial feeds that bear the same label and are from the same manufacturing location;
3. Shall not make more than one assessment against the manufacturer or guarantor for the same manufacturing lot of commercial feed when the lot identification information is listed on the label of the commercial feed;
4. Shall not make any assessment against the manufacturer or guarantor in excess of $5,000 per occurrence;
5. Shall make a minimum assessment of $200 for the first violation;
6. Shall make a minimum assessment of $400 for the second violation;
7. Shall make a minimum assessment of $800 for the third violation;
8. Shall make a minimum assessment of $1,600 for the fourth violation;
9. Shall make a minimum assessment of $3,200 for the fifth violation;
10. Shall make a minimum assessment of $5,000 for the sixth violation, and for each ensuing violation, without limitation;
11. Shall waive the initial $200 minimum assessment if the Commissioner or his agent does not find the violative commercial feed in variance again within the ninety-day period; and
12. May not make an assessment if the value of the deficiency of the initial violation is five dollars or less, but shall notify the manufacturer or guarantor and shall apply all further assessments on additional violations.
D. The manufacturer or guarantor shall pay all assessments to the Commissioner within sixty days of notice of payment due. Any person who fails to pay the assessment within the specified time shall pay to the Commissioner a late fee as specified in subsection A of § 3.1-828.13. The Commissioner shall revoke the license of such person who fails to pay the assessment.
E. The Commissioner or his agent shall compute the approximate value per pound of protein and fat and this computation shall be used to establish the relative value of deficiencies on commercial feed sold or offered for sale in the Commonwealth. The Commissioner may furnish, and upon application shall furnish, such relative values to any person engaged in the manufacture or sale of feed in the Commonwealth.
F. As used in this section, the term "value of the deficiency" means the monetary value of the deficiency in protein or fat of the lot of commercial feed from which the Commissioner or his agent collected a sample. The Commissioner or his agent shall determine the value of the deficiency by calculating the number of pounds of commercial feed deficient in protein or fat, as compared to the label guarantee, in the sample lot and multiplying those pounds by the relative value per pound of protein or fat.
(1994, c. 743.)
Sections: Previous 3.1-828.3 3.1-828.4 3.1-828.5 3.1-828.6 3.1-828.7 3.1-828.8 3.1-828.9 3.1-828.10 3.1-828.11 3.1-828.12 3.1-828.13 3.1-828.14 3.1-828.15 3.1-828.16 3.1-828.17 NextLast modified: April 16, 2009