{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-3625.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-3625.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-3625.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-3625.html"}],"law_id":84748,"edition_id":1,"section_id":84748,"structure_id":14027,"section_number":"3.2-3625","catch_line":"Violations; civil penalties","history":"2011, cc. 552, 564.","full_text":"A\n\nThe Commissioner shall give notice of the violation to the registrant or the licensee responsible for the regulated product. The Commissioner may give notice to the distributor from whom the Commissioner sampled the regulated product.B\n\nTo determine the amount of any civil penalty, the Commissioner shall give due consideration to (i) the history of previous violations, (ii) the seriousness of the violation, and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with the chapter after notification of the violation.C\n\nThe Commissioner shall determine procedures for payment of uncontested civil penalties. The procedures shall include provisions for a person to consent to abatement of the alleged violation and pay a penalty or negotiated sum in lieu of such penalty without admission of civil liability arising from such alleged violation.D\n\nThe person to whom a civil penalty is issued shall have 15 days to request an informal fact-finding conference, held pursuant to § 2.2-4019, to challenge the fact or amount of the civil penalty. If the civil penalty is upheld, the person against whom the civil penalty has been upheld shall have 15 days to pay the proposed penalty in full, or if the person wishes to contest either the amount of the penalty or the fact of the violation, forward the proposed amount to the Commissioner’s office for placement in an interest-bearing trust account in the State Treasurer’s office. If through administrative or judicial review of the proposed penalty, it is determined that no violation occurred, or that the amount of penalty should be reduced, the Commissioner shall within 30 days of that determination remit the appropriate amount to the person with interest accrued thereon.E\n\nFinal orders of the Commissioner may be recorded, enforced, and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner. Such orders may be appealed in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).F\n\nExcept as otherwise provided, any person convicted of violating any of the provisions of this chapter or the regulations adopted hereunder is guilty of a Class 3 misdemeanor.","order_by":null,"text":{"0":{"id":303684,"text":"The Commissioner shall give notice of the violation to the registrant or the licensee responsible for the regulated product. The Commissioner may give notice to the distributor from whom the Commissioner sampled the regulated product.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":303685,"text":"To determine the amount of any civil penalty, the Commissioner shall give due consideration to (i) the history of previous violations, (ii) the seriousness of the violation, and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with the chapter after notification of the violation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":303686,"text":"The Commissioner shall determine procedures for payment of uncontested civil penalties. The procedures shall include provisions for a person to consent to abatement of the alleged violation and pay a penalty or negotiated sum in lieu of such penalty without admission of civil liability arising from such alleged violation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":303687,"text":"The person to whom a civil penalty is issued shall have 15 days to request an informal fact-finding conference, held pursuant to § 2.2-4019, to challenge the fact or amount of the civil penalty. If the civil penalty is upheld, the person against whom the civil penalty has been upheld shall have 15 days to pay the proposed penalty in full, or if the person wishes to contest either the amount of the penalty or the fact of the violation, forward the proposed amount to the Commissioner’s office for placement in an interest-bearing trust account in the State Treasurer’s office. If through administrative or judicial review of the proposed penalty, it is determined that no violation occurred, or that the amount of penalty should be reduced, the Commissioner shall within 30 days of that determination remit the appropriate amount to the person with interest accrued thereon.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":303688,"text":"Final orders of the Commissioner may be recorded, enforced, and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner. Such orders may be appealed in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":303689,"text":"Except as otherwise provided, any person convicted of violating any of the provisions of this chapter or the regulations adopted hereunder is guilty of a Class 3 misdemeanor.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-3625\/","history_text":"

This law was first created in 2011. The record of its establishment is cataloged in chapters 552<\/a> and 564<\/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.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"}],"permalink":{"id":195733,"object_type":"law","relational_id":84748,"identifier":"3.2-3625","token":"3.2\/III\/36\/3.2-3625","url":"\/3.2-3625\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-3625\/","token":"3.2\/III\/36\/3.2-3625","dublin_core":{"Title":"Violations; civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-3625","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> shall give notice of the violation to the registrant<\/span> or the licensee<\/span> responsible for the regulated product<\/span>. The Commissioner<\/span> may give notice to the distributor<\/span> from whom the Commissioner<\/span> sampled the regulated product<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> To determine the amount of any civil penalty<\/span>, the Commissioner<\/span> shall give due consideration to (i) the history of previous violations, (ii) the seriousness of the violation, and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with the chapter after notification of the violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commissioner<\/span> shall determine procedures for payment of uncontested civil penalties. The procedures shall include provisions for a person to consent to abatement of the alleged violation and pay a penalty<\/span> or negotiated sum in lieu of such penalty<\/span> without admission of civil liability arising from such alleged violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The person to whom a civil penalty<\/span> is issued shall have 15 days to request an informal fact<\/span>-finding<\/span> conference, held pursuant to § 2.2-4019<\/a>, to challenge the fact<\/span> or amount of the civil penalty<\/span>. If the civil penalty<\/span> is upheld, the person against whom the civil penalty<\/span> has been upheld shall have 15 days to pay the proposed penalty<\/span> in full, or if the person wishes to contest either the amount of the penalty<\/span> or the fact<\/span> of the violation, forward the proposed amount to the Commissioner<\/span>’s office for placement in an interest-bearing trust account in the State Treasurer’s office. If through administrative or judicial review of the proposed penalty<\/span>, it is determined that no violation occurred, or that the amount of penalty<\/span> should be reduced, the Commissioner<\/span> shall within 30 days of that determination remit the appropriate amount to the person with interest accrued thereon. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Final orders<\/span> of the Commissioner<\/span> may be recorded, enforced, and satisfied as orders or decrees<\/span> of a circuit<\/span> court<\/span> upon certification of such orders by the Commissioner<\/span>. Such orders may be appealed in accordance with the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Except as otherwise provided, any person convicted of violating any of the provisions of this chapter or the regulations adopted hereunder is guilty of a Class 3 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVIOLATIONS; CIVIL PENALTIES (\u00a7 3.2-3625)\n\nA. The Commissioner shall give notice of the violation to the registrant or the\nlicensee responsible for the regulated product. The Commissioner may give notice\nto the distributor from whom the Commissioner sampled the regulated product.\n\nB. To determine the amount of any civil penalty, the Commissioner shall give due\nconsideration to (i) the history of previous violations, (ii) the seriousness of\nthe violation, and (iii) the demonstrated good faith of the person charged in\nattempting to achieve compliance with the chapter after notification of the\nviolation.\n\nC. The Commissioner shall determine procedures for payment of uncontested civil\npenalties. The procedures shall include provisions for a person to consent to\nabatement of the alleged violation and pay a penalty or negotiated sum in lieu\nof such penalty without admission of civil liability arising from such alleged\nviolation.\n\nD. The person to whom a civil penalty is issued shall have 15 days to request an\ninformal fact-finding conference, held pursuant to § 2.2-4019, to challenge\nthe fact or amount of the civil penalty. If the civil penalty is upheld, the\nperson against whom the civil penalty has been upheld shall have 15 days to pay\nthe proposed penalty in full, or if the person wishes to contest either the\namount of the penalty or the fact of the violation, forward the proposed amount\nto the Commissioner’s office for placement in an interest-bearing trust\naccount in the State Treasurer’s office. If through administrative or\njudicial review of the proposed penalty, it is determined that no violation\noccurred, or that the amount of penalty should be reduced, the Commissioner\nshall within 30 days of that determination remit the appropriate amount to the\nperson with interest accrued thereon.\n\nE. Final orders of the Commissioner may be recorded, enforced, and satisfied as\norders or decrees of a circuit court upon certification of such orders by the\nCommissioner. Such orders may be appealed in accordance with the provisions of\nthe Administrative Process Act (§ 2.2-4000 et seq.).\n\nF. Except as otherwise provided, any person convicted of violating any of the\nprovisions of this chapter or the regulations adopted hereunder is guilty of a\nClass 3 misdemeanor.\n\nHISTORY: 2011, cc. 552, 564.","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}}