{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-3616.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-3616.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-3616.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-3616.html"}],"law_id":86957,"edition_id":1,"section_id":86957,"structure_id":14027,"section_number":"3.2-3616","catch_line":"Assessments for variance from label guarantees","history":"1994, c. 740, \u00a7 3.1-106.14; 2008, c. 860.","full_text":"A\n\nThe guarantor shall pay to the consumer all assessments for misbranding, adulteration or plant food deficiency on the lot of regulated product represented by the sample analyzed. The guarantor shall make payment to the consumer within 60 days after the date of notice from the Commissioner to the guarantor. The guarantor shall obtain a receipt documenting the payment of such assessment, which shall be forwarded to the Commissioner within the 60-day period during which payment to the consumer is made.B\n\nIf the guarantor cannot locate the consumer within 60 days; the amount of the assessment shall be paid to the Commissioner, who shall deposit it in the state treasury, and report to the State Comptroller, who shall credit the amount to a special fund for the sale of substandard fertilizer. The Commissioner shall pay to the consumer of a lot of regulated product on which the assessment was made an amount equal to the assessment from the Sale of Substandard Fertilizer Fund if the consumer can be located in 90 days. The State Comptroller shall transfer any balance remaining in the fund for a period of 90 days to the Feed, Lime, Fertilizer, and Animal Remedies Fund as specified by &#xA7; 3.2-3617. Any person required to pay an assessment who fails to pay the assessment within the time specified shall pay to the Commissioner a late fee of 10 percent of the assessment, or $50, whichever is greater, in addition to the assessment. The Commissioner may cancel the license of such person who fails to pay the assessment.","order_by":null,"text":{"0":{"id":311339,"text":"The guarantor shall pay to the consumer all assessments for misbranding, adulteration or plant food deficiency on the lot of regulated product represented by the sample analyzed. The guarantor shall make payment to the consumer within 60 days after the date of notice from the Commissioner to the guarantor. The guarantor shall obtain a receipt documenting the payment of such assessment, which shall be forwarded to the Commissioner within the 60-day period during which payment to the consumer is made.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":311340,"text":"If the guarantor cannot locate the consumer within 60 days; the amount of the assessment shall be paid to the Commissioner, who shall deposit it in the state treasury, and report to the State Comptroller, who shall credit the amount to a special fund for the sale of substandard fertilizer. The Commissioner shall pay to the consumer of a lot of regulated product on which the assessment was made an amount equal to the assessment from the Sale of Substandard Fertilizer Fund if the consumer can be located in 90 days. The State Comptroller shall transfer any balance remaining in the fund for a period of 90 days to the Feed, Lime, Fertilizer, and Animal Remedies Fund as specified by &#xA7; 3.2-3617. Any person required to pay an assessment who fails to pay the assessment within the time specified shall pay to the Commissioner a late fee of 10 percent of the assessment, or $50, whichever is greater, in addition to the assessment. The Commissioner may cancel the license of such person who fails to pay the assessment.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14027,"edition_id":1,"name":"Fertilizer","identifier":"36","label":"chapter","depth":3,"order_by":1,"parent_id":13102,"metadata":{},"date_created":"2026-06-26 03:46:38","date_modified":"2026-06-26 03:46:38","permalink":{"id":195619,"object_type":"structure","relational_id":14027,"identifier":"36","token":"3.2\/III\/36","url":"\/3.2\/III\/36\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13102,"edition_id":1,"name":"Production and Sale of Agricultural Products","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195443,"object_type":"structure","relational_id":13102,"identifier":"III","token":"3.2\/III","url":"\/3.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59575,"structure_id":14027,"section_number":"3.2-3600","catch_line":"Definitions","url":"\/3.2-3600\/","token":"3.2\/III\/36\/3.2-3600","metadata":false},{"id":68481,"structure_id":14027,"section_number":"3.2-3601","catch_line":"Authority of the Board and the Commissioner to adopt regulations","url":"\/3.2-3601\/","token":"3.2\/III\/36\/3.2-3601","metadata":false},{"id":66799,"structure_id":14027,"section_number":"3.2-3602","catch_line":"Local government regulation of fertilizer","url":"\/3.2-3602\/","token":"3.2\/III\/36\/3.2-3602","metadata":false},{"id":55117,"structure_id":14027,"section_number":"3.2-3602.1","catch_line":"Board authorized to adopt regulations for the application of regulated products to nonagricultural property; civil penalty","url":"\/3.2-3602.1\/","token":"3.2\/III\/36\/3.2-3602.1","metadata":false},{"id":78420,"structure_id":14027,"section_number":"3.2-3603","catch_line":"Publications","url":"\/3.2-3603\/","token":"3.2\/III\/36\/3.2-3603","metadata":false},{"id":76927,"structure_id":14027,"section_number":"3.2-3604","catch_line":"Exchanges between manufacturers","url":"\/3.2-3604\/","token":"3.2\/III\/36\/3.2-3604","metadata":false},{"id":84815,"structure_id":14027,"section_number":"3.2-3605","catch_line":"License and registration year; permit year","url":"\/3.2-3605\/","token":"3.2\/III\/36\/3.2-3605","metadata":false},{"id":83375,"structure_id":14027,"section_number":"3.2-3606","catch_line":"Distributor required to obtain license; fee","url":"\/3.2-3606\/","token":"3.2\/III\/36\/3.2-3606","metadata":false},{"id":73814,"structure_id":14027,"section_number":"3.2-3607","catch_line":"Product registration and label requirements; exemptions","url":"\/3.2-3607\/","token":"3.2\/III\/36\/3.2-3607","metadata":false},{"id":55654,"structure_id":14027,"section_number":"3.2-3607.1","catch_line":"Consumer education","url":"\/3.2-3607.1\/","token":"3.2\/III\/36\/3.2-3607.1","metadata":false},{"id":57702,"structure_id":14027,"section_number":"3.2-3607.2","catch_line":"Sale of deicing agents","url":"\/3.2-3607.2\/","token":"3.2\/III\/36\/3.2-3607.2","metadata":false},{"id":74578,"structure_id":14027,"section_number":"3.2-3608","catch_line":"Contractor-applicator permit","url":"\/3.2-3608\/","token":"3.2\/III\/36\/3.2-3608","metadata":false},{"id":68090,"structure_id":14027,"section_number":"3.2-3609","catch_line":"Reporting year; inspection fees; distribution to nonlicensees","url":"\/3.2-3609\/","token":"3.2\/III\/36\/3.2-3609","metadata":false},{"id":76270,"structure_id":14027,"section_number":"3.2-3610","catch_line":"Statistical reports","url":"\/3.2-3610\/","token":"3.2\/III\/36\/3.2-3610","metadata":false},{"id":85495,"structure_id":14027,"section_number":"3.2-3611","catch_line":"Labeling","url":"\/3.2-3611\/","token":"3.2\/III\/36\/3.2-3611","metadata":false},{"id":86800,"structure_id":14027,"section_number":"3.2-3612","catch_line":"Misbranding","url":"\/3.2-3612\/","token":"3.2\/III\/36\/3.2-3612","metadata":false},{"id":69387,"structure_id":14027,"section_number":"3.2-3613","catch_line":"Adulteration","url":"\/3.2-3613\/","token":"3.2\/III\/36\/3.2-3613","metadata":false},{"id":81584,"structure_id":14027,"section_number":"3.2-3614","catch_line":"Commercial value","url":"\/3.2-3614\/","token":"3.2\/III\/36\/3.2-3614","metadata":false},{"id":79051,"structure_id":14027,"section_number":"3.2-3615","catch_line":"Plant food deficiency","url":"\/3.2-3615\/","token":"3.2\/III\/36\/3.2-3615","metadata":false},{"id":86957,"structure_id":14027,"section_number":"3.2-3616","catch_line":"Assessments for variance from label guarantees","url":"\/3.2-3616\/","token":"3.2\/III\/36\/3.2-3616","metadata":false},{"id":86928,"structure_id":14027,"section_number":"3.2-3617","catch_line":"Fund established; disposition of fees, assessments, and penalties","url":"\/3.2-3617\/","token":"3.2\/III\/36\/3.2-3617","metadata":false},{"id":72042,"structure_id":14027,"section_number":"3.2-3618","catch_line":"Inspection, sampling and analysis; penalty","url":"\/3.2-3618\/","token":"3.2\/III\/36\/3.2-3618","metadata":false},{"id":79315,"structure_id":14027,"section_number":"3.2-3619","catch_line":"Stop sale, use, removal, or seizure orders; penalty","url":"\/3.2-3619\/","token":"3.2\/III\/36\/3.2-3619","metadata":false},{"id":73611,"structure_id":14027,"section_number":"3.2-3620","catch_line":"Seizure and condemnation","url":"\/3.2-3620\/","token":"3.2\/III\/36\/3.2-3620","metadata":false},{"id":77950,"structure_id":14027,"section_number":"3.2-3621","catch_line":"Cancellation of registration, permit, or license","url":"\/3.2-3621\/","token":"3.2\/III\/36\/3.2-3621","metadata":false},{"id":86714,"structure_id":14027,"section_number":"3.2-3622","catch_line":"Commissioner's actions; injunction","url":"\/3.2-3622\/","token":"3.2\/III\/36\/3.2-3622","metadata":false},{"id":72907,"structure_id":14027,"section_number":"3.2-3623","catch_line":"Repealed","url":"\/3.2-3623\/","token":"3.2\/III\/36\/3.2-3623","metadata":false},{"id":75491,"structure_id":14027,"section_number":"3.2-3624","catch_line":"Warning","url":"\/3.2-3624\/","token":"3.2\/III\/36\/3.2-3624","metadata":false},{"id":84748,"structure_id":14027,"section_number":"3.2-3625","catch_line":"Violations; civil penalties","url":"\/3.2-3625\/","token":"3.2\/III\/36\/3.2-3625","metadata":false}],"previous_section":{"id":79051,"structure_id":14027,"section_number":"3.2-3615","catch_line":"Plant food deficiency","url":"\/3.2-3615\/","token":"3.2\/III\/36\/3.2-3615","metadata":false},"next_section":{"id":86928,"structure_id":14027,"section_number":"3.2-3617","catch_line":"Fund established; disposition of fees, assessments, and penalties","url":"\/3.2-3617\/","token":"3.2\/III\/36\/3.2-3617","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-3616\/","history_text":"<p>This law was first created in 1994. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0740\">740<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0860\">860<\/a>.<\/p>","references":[{"id":86928,"section_number":"3.2-3617","catch_line":"Fund established; disposition of fees, assessments, and penalties","order_by":null,"url":"\/3.2-3617\/"}],"refers_to":[{"id":86928,"section_number":"3.2-3617","catch_line":"Fund established; disposition of fees, assessments, and penalties","order_by":null,"url":"\/3.2-3617\/"}],"permalink":{"id":195697,"object_type":"law","relational_id":86957,"identifier":"3.2-3616","token":"3.2\/III\/36\/3.2-3616","url":"\/3.2-3616\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-3616\/","token":"3.2\/III\/36\/3.2-3616","dublin_core":{"Title":"Assessments for variance from label guarantees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-3616","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">guarantor<\/span> shall pay to the consumer all assessments for misbranding, adulteration or plant food <span class=\"dictionary\">deficiency<\/span> on the <span class=\"dictionary\">lot<\/span> of <span class=\"dictionary\">regulated product<\/span> represented by the sample analyzed. The <span class=\"dictionary\">guarantor<\/span> shall make payment to the consumer within 60 days after the date of notice from the <span class=\"dictionary\">Commissioner<\/span> to the <span class=\"dictionary\">guarantor<\/span>. The <span class=\"dictionary\">guarantor<\/span> shall obtain a receipt documenting the payment of such assessment, which shall be forwarded to the <span class=\"dictionary\">Commissioner<\/span> within the 60-day period during which payment to the consumer is made. <a id=\"paragraph-311339\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3616\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> If the <span class=\"dictionary\">guarantor<\/span> cannot locate the consumer within 60 days; the amount of the assessment shall be paid to the <span class=\"dictionary\">Commissioner<\/span>, who shall deposit it in the state treasury, and report to the State Comptroller, who shall credit the amount to a special fund for the sale of substandard <span class=\"dictionary\">fertilizer<\/span>. The <span class=\"dictionary\">Commissioner<\/span> shall pay to the consumer of a <span class=\"dictionary\">lot<\/span> of <span class=\"dictionary\">regulated product<\/span> on which the assessment was made an amount equal to the assessment from the Sale of Substandard <span class=\"dictionary\">Fertilizer<\/span> Fund if the consumer can be located in 90 days. The State Comptroller shall transfer any balance remaining in the fund for a period of 90 days to the Feed, Lime, <span class=\"dictionary\">Fertilizer<\/span>, and Animal Remedies Fund as specified by &#xA7; <a class=\"law\" title=\"Fund established; disposition of fees, assessments, and penalties\" href=\"\/3.2-3617\/\">3.2-3617<\/a>. Any person required to pay an assessment who fails to pay the assessment within the time specified shall pay to the <span class=\"dictionary\">Commissioner<\/span> a late fee of 10 <span class=\"dictionary\">percent<\/span> of the assessment, or $50, whichever is greater, in addition to the assessment. The <span class=\"dictionary\">Commissioner<\/span> may cancel the license of such person who fails to pay the assessment. <a id=\"paragraph-311340\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3616\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nASSESSMENTS FOR VARIANCE FROM LABEL GUARANTEES (\u00a7 3.2-3616)\n\nA. The guarantor shall pay to the consumer all assessments for misbranding,\nadulteration or plant food deficiency on the lot of regulated product\nrepresented by the sample analyzed. The guarantor shall make payment to the\nconsumer within 60 days after the date of notice from the Commissioner to the\nguarantor. The guarantor shall obtain a receipt documenting the payment of such\nassessment, which shall be forwarded to the Commissioner within the 60-day\nperiod during which payment to the consumer is made.\n\nB. If the guarantor cannot locate the consumer within 60 days; the amount of the\nassessment shall be paid to the Commissioner, who shall deposit it in the state\ntreasury, and report to the State Comptroller, who shall credit the amount to a\nspecial fund for the sale of substandard fertilizer. The Commissioner shall pay\nto the consumer of a lot of regulated product on which the assessment was made\nan amount equal to the assessment from the Sale of Substandard Fertilizer Fund\nif the consumer can be located in 90 days. The State Comptroller shall transfer\nany balance remaining in the fund for a period of 90 days to the Feed, Lime,\nFertilizer, and Animal Remedies Fund as specified by &#xA7; 3.2-3617. Any person\nrequired to pay an assessment who fails to pay the assessment within the time\nspecified shall pay to the Commissioner a late fee of 10 percent of the\nassessment, or $50, whichever is greater, in addition to the assessment. The\nCommissioner may cancel the license of such person who fails to pay the\nassessment.\n\nHISTORY: 1994, c. 740, \u00a7 3.1-106.14; 2008, c. 860.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}