{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-4014.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-4014.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-4014.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-4014.html"}],"law_id":87486,"edition_id":1,"section_id":87486,"structure_id":13555,"section_number":"3.2-4014","catch_line":"Assessment for variance from guarantee","history":"Code 1950, \u00a7 3-219.11; 1958, c. 483; 1966, c. 702, \u00a7 3.1-273; 1994, c. 577; 2008, c. 860.","full_text":"A\n\nThe Commissioner may make an assessment for variance from guarantee upon the guarantor if any person sells seed if he finds 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 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 found in violation, except as provided in subsection B. The Commissioner shall make the assessment for variance from guarantee only on the lot or portion sold after the Commissioner sampled the lot.B\n\nThe Commissioner shall make an assessment for variance from guarantee upon the guarantor of three times the amount the Commissioner calculates pursuant to subsection A if the Commissioner finds that: (i) the seed contains prohibited noxious-weed seeds; (ii) 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 the seed does not have the records required in § 3.2-4006 available for inspection; or (v) the person who sold the seed does not have a laboratory analysis available for inspection.C\n\nThe guarantor on whom the assessment for variance from guarantee is made shall pay the assessment to the Commissioner within 60 days from the date the Commissioner issues the assessment. Any person who fails to pay the assessment within 60 days shall pay a late fee of 10 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.","order_by":null,"text":{"0":{"id":313188,"text":"The Commissioner may make an assessment for variance from guarantee upon the guarantor if any person sells seed if he finds 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 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 found in violation, except as provided in subsection B. The Commissioner shall make the assessment for variance from guarantee only on the lot or portion sold after the Commissioner sampled the lot.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":313189,"text":"The Commissioner shall make an assessment for variance from guarantee upon the guarantor of three times the amount the Commissioner calculates pursuant to subsection A if the Commissioner finds that: (i) the seed contains prohibited noxious-weed seeds; (ii) 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 the seed does not have the records required in § 3.2-4006 available for inspection; or (v) the person who sold the seed does not have a laboratory analysis available for inspection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":313190,"text":"The guarantor on whom the assessment for variance from guarantee is made shall pay the assessment to the Commissioner within 60 days from the date the Commissioner issues the assessment. Any person who fails to pay the assessment within 60 days shall pay a late fee of 10 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13555,"edition_id":1,"name":"Seeds","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13554,"metadata":{},"date_created":"2026-06-26 03:45:13","date_modified":"2026-06-26 03:45:13","permalink":{"id":196055,"object_type":"structure","relational_id":13555,"identifier":"1","token":"3.2\/III\/40\/1","url":"\/3.2\/III\/40\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13554,"edition_id":1,"name":"Seeds","identifier":"40","label":"chapter","depth":3,"order_by":1,"parent_id":13102,"metadata":{},"date_created":"2026-06-26 03:45:13","date_modified":"2026-06-26 03:45:13","permalink":{"id":196053,"object_type":"structure","relational_id":13554,"identifier":"40","token":"3.2\/III\/40","url":"\/3.2\/III\/40\/","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":79598,"structure_id":13555,"section_number":"3.2-4000","catch_line":"Definitions","url":"\/3.2-4000\/","token":"3.2\/III\/40\/1\/3.2-4000","metadata":false},{"id":78385,"structure_id":13555,"section_number":"3.2-4001","catch_line":"Authority of Board to adopt regulations","url":"\/3.2-4001\/","token":"3.2\/III\/40\/1\/3.2-4001","metadata":false},{"id":70039,"structure_id":13555,"section_number":"3.2-4002","catch_line":"Authority of Commissioner to adopt regulations","url":"\/3.2-4002\/","token":"3.2\/III\/40\/1\/3.2-4002","metadata":false},{"id":57254,"structure_id":13555,"section_number":"3.2-4003","catch_line":"Powers and duties of the Commissioner","url":"\/3.2-4003\/","token":"3.2\/III\/40\/1\/3.2-4003","metadata":false},{"id":73545,"structure_id":13555,"section_number":"3.2-4004","catch_line":"Seed Fund; established","url":"\/3.2-4004\/","token":"3.2\/III\/40\/1\/3.2-4004","metadata":false},{"id":58531,"structure_id":13555,"section_number":"3.2-4005","catch_line":"License required to market seed","url":"\/3.2-4005\/","token":"3.2\/III\/40\/1\/3.2-4005","metadata":false},{"id":72565,"structure_id":13555,"section_number":"3.2-4006","catch_line":"Duty to maintain records","url":"\/3.2-4006\/","token":"3.2\/III\/40\/1\/3.2-4006","metadata":false},{"id":58315,"structure_id":13555,"section_number":"3.2-4007","catch_line":"Guaranty by seller","url":"\/3.2-4007\/","token":"3.2\/III\/40\/1\/3.2-4007","metadata":false},{"id":80577,"structure_id":13555,"section_number":"3.2-4008","catch_line":"Labeling and advertising requirements","url":"\/3.2-4008\/","token":"3.2\/III\/40\/1\/3.2-4008","metadata":false},{"id":79616,"structure_id":13555,"section_number":"3.2-4009","catch_line":"Lawn and turf seed mixture; registration and labeling","url":"\/3.2-4009\/","token":"3.2\/III\/40\/1\/3.2-4009","metadata":false},{"id":58751,"structure_id":13555,"section_number":"3.2-4010","catch_line":"Lawn and turf seed; inspection fee","url":"\/3.2-4010\/","token":"3.2\/III\/40\/1\/3.2-4010","metadata":false},{"id":70159,"structure_id":13555,"section_number":"3.2-4011","catch_line":"Inspection","url":"\/3.2-4011\/","token":"3.2\/III\/40\/1\/3.2-4011","metadata":false},{"id":54869,"structure_id":13555,"section_number":"3.2-4012","catch_line":"Stop sale order","url":"\/3.2-4012\/","token":"3.2\/III\/40\/1\/3.2-4012","metadata":false},{"id":61239,"structure_id":13555,"section_number":"3.2-4013","catch_line":"Seizure; disposition of seeds","url":"\/3.2-4013\/","token":"3.2\/III\/40\/1\/3.2-4013","metadata":false},{"id":87486,"structure_id":13555,"section_number":"3.2-4014","catch_line":"Assessment for variance from guarantee","url":"\/3.2-4014\/","token":"3.2\/III\/40\/1\/3.2-4014","metadata":false},{"id":54518,"structure_id":13555,"section_number":"3.2-4015","catch_line":"Prohibitions","url":"\/3.2-4015\/","token":"3.2\/III\/40\/1\/3.2-4015","metadata":false},{"id":84114,"structure_id":13555,"section_number":"3.2-4016","catch_line":"Exemptions from certain provisions","url":"\/3.2-4016\/","token":"3.2\/III\/40\/1\/3.2-4016","metadata":false},{"id":70416,"structure_id":13555,"section_number":"3.2-4017","catch_line":"Disclaimers, nonwarranties, and limited warranties","url":"\/3.2-4017\/","token":"3.2\/III\/40\/1\/3.2-4017","metadata":false},{"id":57755,"structure_id":13555,"section_number":"3.2-4018","catch_line":"Notice of violations; warning","url":"\/3.2-4018\/","token":"3.2\/III\/40\/1\/3.2-4018","metadata":false},{"id":59226,"structure_id":13555,"section_number":"3.2-4019","catch_line":"Duty of attorney for Commonwealth","url":"\/3.2-4019\/","token":"3.2\/III\/40\/1\/3.2-4019","metadata":false},{"id":55966,"structure_id":13555,"section_number":"3.2-4020","catch_line":"Penalty","url":"\/3.2-4020\/","token":"3.2\/III\/40\/1\/3.2-4020","metadata":false}],"previous_section":{"id":61239,"structure_id":13555,"section_number":"3.2-4013","catch_line":"Seizure; disposition of seeds","url":"\/3.2-4013\/","token":"3.2\/III\/40\/1\/3.2-4013","metadata":false},"next_section":{"id":54518,"structure_id":13555,"section_number":"3.2-4015","catch_line":"Prohibitions","url":"\/3.2-4015\/","token":"3.2\/III\/40\/1\/3.2-4015","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-4014\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. 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. Those modifications are as follows: in 1958, chapter 483; in 1966, chapter 702; in 1994, chapter 577<\/a>; in 2008, chapter 860<\/a>.<\/p>","references":false,"refers_to":[{"id":72565,"section_number":"3.2-4006","catch_line":"Duty to maintain records","order_by":null,"url":"\/3.2-4006\/"}],"permalink":{"id":196113,"object_type":"law","relational_id":87486,"identifier":"3.2-4014","token":"3.2\/III\/40\/1\/3.2-4014","url":"\/3.2-4014\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-4014\/","token":"3.2\/III\/40\/1\/3.2-4014","dublin_core":{"Title":"Assessment for variance from guarantee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-4014","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> may make an assessment for variance from guarantee upon the guarantor<\/span> if any person sells seed if he finds such seed: (i) is not within testing tolerance<\/span> of the labeled analysis; (ii) contains restricted noxious-weed seeds<\/span><\/span> 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<\/span> 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<\/span> of the seed or $100 (whichever is greater), upon each lot<\/span> of seed or portion thereof the Commissioner<\/span> found in violation, except as provided in subsection B. The Commissioner<\/span> shall make the assessment for variance from guarantee only on the lot<\/span> or portion sold after the Commissioner<\/span> sampled the lot<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> shall make an assessment for variance from guarantee upon the guarantor<\/span> of three times the amount the Commissioner<\/span> calculates pursuant to subsection A if the Commissioner<\/span> finds that: (i) the seed contains prohibited noxious-weed seeds<\/span><\/span>; (ii) the seed contains restricted noxious-weed seeds<\/span><\/span> in a prohibited amount; (iii) the guarantor<\/span> has mislabeled such seed as to variety<\/span> including a component of a mixture<\/span>; (iv) the person who sold the seed does not have the records required in § 3.2-4006<\/a> available for inspection; or (v) the person who sold the seed does not have a laboratory analysis available for inspection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The guarantor<\/span> on whom the assessment for variance from guarantee is made shall pay the assessment to the Commissioner<\/span> within 60 days from the date the Commissioner<\/span> issues<\/span> the assessment. Any person who fails to pay the assessment within 60 days shall pay a late fee of 10 percent of the assessment to the Commissioner<\/span> in addition to the assessment. The Commissioner<\/span> shall revoke the license of any person who fails to pay an assessment. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASSESSMENT FOR VARIANCE FROM GUARANTEE (\u00a7 3.2-4014)\n\nA. The Commissioner may make an assessment for variance from guarantee upon the\nguarantor if any person sells seed if he finds such seed: (i) is not within\ntesting tolerance of the labeled analysis; (ii) contains restricted noxious-weed\nseeds in excess of the amount claimed on the label; (iii) is not labeled; or\n(iv) is not labeled in accordance with the provisions of this article. The\nCommissioner shall make an assessment for variance from guarantee equivalent to\none percent of the amount of money the person from whom the sample was taken\nreceives from the sale of the seed or $100 (whichever is greater), upon each lot\nof seed or portion thereof the Commissioner found in violation, except as\nprovided in subsection B. The Commissioner shall make the assessment for\nvariance from guarantee only on the lot or portion sold after the Commissioner\nsampled the lot.\n\nB. The Commissioner shall make an assessment for variance from guarantee upon\nthe guarantor of three times the amount the Commissioner calculates pursuant to\nsubsection A if the Commissioner finds that: (i) the seed contains prohibited\nnoxious-weed seeds; (ii) the seed contains restricted noxious-weed seeds in a\nprohibited amount; (iii) the guarantor has mislabeled such seed as to variety\nincluding a component of a mixture; (iv) the person who sold the seed does not\nhave the records required in § 3.2-4006 available for inspection; or (v)\nthe person who sold the seed does not have a laboratory analysis available for\ninspection.\n\nC. The guarantor on whom the assessment for variance from guarantee is made\nshall pay the assessment to the Commissioner within 60 days from the date the\nCommissioner issues the assessment. Any person who fails to pay the assessment\nwithin 60 days shall pay a late fee of 10 percent of the assessment to the\nCommissioner in addition to the assessment. The Commissioner shall revoke the\nlicense of any person who fails to pay an assessment.\n\nHISTORY: Code 1950, \u00a7 3-219.11; 1958, c. 483; 1966, c. 702, \u00a7 3.1-273; 1994,\nc. 577; 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}}