§ 3.2-3613 Adulteration
A. It is unlawful to distribute an adulterated regulated product. A regulated product shall be deemed to be adulterated if:
1. It contains any deleterious or harmful ingredient, in sufficient amount to render it injurious to beneficial plant life, when applied in accordance with directions for use on the label;
2. It does not contain an adequate warning statement, or directions for use, on the label sufficient to protect plant life;
3. It has a composition that falls below or differs from that which it is purported to possess by its labeling; or
4. It contains unwanted crop seed, or viable prohibited or restricted noxious weed seeds in amounts exceeding the limits specified in the regulations of the Board.
B. The guarantor of any regulated product found to be adulterated shall pay to the consumer an assessment equal to 10 percent of the retail value of the regulated product sold to the consumer and found to be in violation of subsection A not to exceed $5,000 per occurrence. The assessment for adulteration shall apply only to the retail sale of any regulated product made from a lot or a portion thereof after the Commissioner has inspected the lot or a portion thereof. The assessment for adulteration shall be in addition to any assessment for plant food deficiency.
History
This law was first created in 1994. The record of its establishment is cataloged in chapter 740 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 2008, chapter 860; in 2011, chapters 552 and 564.
1994, c. 740, § 3.1-106.11; 2008, c. 860; 2011, cc. 552, 564.