{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-4810.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-4810.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-4810.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-4810.html"}],"law_id":63681,"edition_id":1,"section_id":63681,"structure_id":13515,"section_number":"3.2-4810","catch_line":"Assessments for variance from guaranteed analysis, misbranding, and adulteration","history":"1994, c. 743, \u00a7 3.1-828.11; 2008, c. 860.","full_text":"A\n\nIf the Commissioner determines that a commercial feed fails to meet the label guarantee within the analytical variations specified in \u00a7 3.2-4801, the Commissioner shall make an assessment against the guarantor on each pound of the lot of commercial feed represented by the sample and that any person sold as follows:1\n\nFor deficient protein, two and one-half times the value of the deficiency;2\n\nFor deficient fat, two times the value of the deficiency; and3\n\nFor excessive fiber, 10 percent of the sales invoice price of the feed.B\n\nIf the Commissioner determines that any commercial feed is misbranded as provided in § 3.2-4807 or adulterated as provided in § 3.2-4808, the Commissioner shall assess 10 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 that any person sold.C\n\nIf the Commissioner finds a commercial feed in violation of subsection A or \u00a7 3.2-4807 or 3.2-4808, the Commissioner shall:1\n\nAssess the manufacturer or guarantor based on the violations that occur in a 90-day period, such period to begin on the date when the Commissioner sends notification of the violation to the manufacturer or guarantor. The 90-day period restarts upon each notification of violation to the manufacturer;2\n\nAssess the manufacturer or guarantor on violative commercial feeds that bear the same label and are from the same manufacturing location;3\n\nNot 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\n\nNot assess the manufacturer or guarantor in excess of $5,000 per occurrence;5\n\nAssess a minimum of $200 for the first violation;6\n\nAssess a minimum of $400 for the second violation;7\n\nAssess a minimum of $800 for the third violation;8\n\nAssess a minimum of $1,600 for the fourth violation;9\n\nAssess a minimum of $3,200 for the fifth violation;10\n\nAssess a minimum of $5,000 for the sixth violation, and for each ensuing violation, without limitation;11\n\nWaive the initial $200 minimum assessment if the Commissioner finds that the violation of the commercial feed variance provision has not occurred within the 90-day period; and12\n\nHave the discretion not to make an assessment if the value of the deficiency of the initial violation is $5 or less, but shall notify the manufacturer or guarantor and shall apply all further assessments on additional violations.D\n\nThe manufacturer or guarantor shall pay all assessments to the Commissioner within 60 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 § 3.2-4811. The Commissioner shall revoke the license of such person who fails to pay the assessment.E\n\nThe Commissioner 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\n\nAs 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 collected a sample. The Commissioner 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.","order_by":null,"text":{"0":{"id":231940,"text":"If the Commissioner determines that a commercial feed fails to meet the label guarantee within the analytical variations specified in \u00a7 3.2-4801, the Commissioner shall make an assessment against the guarantor on each pound of the lot of commercial feed represented by the sample and that any person sold as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":231941,"text":"For deficient protein, two and one-half times the value of the deficiency;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":231942,"text":"For deficient fat, two times the value of the deficiency; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":231943,"text":"For excessive fiber, 10 percent of the sales invoice price of the feed.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":231944,"text":"If the Commissioner determines that any commercial feed is misbranded as provided in § 3.2-4807 or adulterated as provided in § 3.2-4808, the Commissioner shall assess 10 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 that any person sold.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":231945,"text":"If the Commissioner finds a commercial feed in violation of subsection A or \u00a7 3.2-4807 or 3.2-4808, the Commissioner shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"6":{"id":231946,"text":"Assess the manufacturer or guarantor based on the violations that occur in a 90-day period, such period to begin on the date when the Commissioner sends notification of the violation to the manufacturer or guarantor. The 90-day period restarts upon each notification of violation to the manufacturer;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"7":{"id":231947,"text":"Assess the manufacturer or guarantor on violative commercial feeds that bear the same label and are from the same manufacturing location;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"8":{"id":231948,"text":"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;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"9":{"id":231949,"text":"Not assess the manufacturer or guarantor in excess of $5,000 per occurrence;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"10":{"id":231950,"text":"Assess a minimum of $200 for the first violation;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"11":{"id":231951,"text":"Assess a minimum of $400 for the second violation;","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"12":{"id":231952,"text":"Assess a minimum of $800 for the third violation;","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"C8"},"13":{"id":231953,"text":"Assess a minimum of $1,600 for the fourth violation;","type":"section","prefixes":["C","8"],"prefix":"8","entire_prefix":"C8","prefix_anchor":"C8","level":2,"prior_prefix":"C7","next_prefix":"C9"},"14":{"id":231954,"text":"Assess a minimum of $3,200 for the fifth violation;","type":"section","prefixes":["C","9"],"prefix":"9","entire_prefix":"C9","prefix_anchor":"C9","level":2,"prior_prefix":"C8","next_prefix":"C10"},"15":{"id":231955,"text":"Assess a minimum of $5,000 for the sixth violation, and for each ensuing violation, without limitation;","type":"section","prefixes":["C","10"],"prefix":"10","entire_prefix":"C10","prefix_anchor":"C10","level":2,"prior_prefix":"C9","next_prefix":"C11"},"16":{"id":231956,"text":"Waive the initial $200 minimum assessment if the Commissioner finds that the violation of the commercial feed variance provision has not occurred within the 90-day period; and","type":"section","prefixes":["C","11"],"prefix":"11","entire_prefix":"C11","prefix_anchor":"C11","level":2,"prior_prefix":"C10","next_prefix":"C12"},"17":{"id":231957,"text":"Have the discretion not to make an assessment if the value of the deficiency of the initial violation is $5 or less, but shall notify the manufacturer or guarantor and shall apply all further assessments on additional violations.","type":"section","prefixes":["C","12"],"prefix":"12","entire_prefix":"C12","prefix_anchor":"C12","level":2,"prior_prefix":"C11","next_prefix":"D"},"18":{"id":231958,"text":"The manufacturer or guarantor shall pay all assessments to the Commissioner within 60 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 § 3.2-4811. The Commissioner shall revoke the license of such person who fails to pay the assessment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C12","next_prefix":"E"},"19":{"id":231959,"text":"The Commissioner 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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"20":{"id":231960,"text":"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 collected a sample. The Commissioner 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.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13515,"edition_id":1,"name":"Commercial Feed","identifier":"48","label":"chapter","depth":3,"order_by":1,"parent_id":13102,"metadata":{},"date_created":"2026-06-26 03:45:06","date_modified":"2026-06-26 03:45:06","permalink":{"id":196983,"object_type":"structure","relational_id":13515,"identifier":"48","token":"3.2\/III\/48","url":"\/3.2\/III\/48\/","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":81397,"structure_id":13515,"section_number":"3.2-4800","catch_line":"Definitions","url":"\/3.2-4800\/","token":"3.2\/III\/48\/3.2-4800","metadata":false},{"id":76618,"structure_id":13515,"section_number":"3.2-4801","catch_line":"Authority of the Board and the Commissioner to adopt regulations","url":"\/3.2-4801\/","token":"3.2\/III\/48\/3.2-4801","metadata":false},{"id":57760,"structure_id":13515,"section_number":"3.2-4802","catch_line":"Publications","url":"\/3.2-4802\/","token":"3.2\/III\/48\/3.2-4802","metadata":false},{"id":81048,"structure_id":13515,"section_number":"3.2-4803","catch_line":"Licensing of manufacturers and guarantors of commercial feed","url":"\/3.2-4803\/","token":"3.2\/III\/48\/3.2-4803","metadata":false},{"id":54482,"structure_id":13515,"section_number":"3.2-4804","catch_line":"Product registration required of commercial feed distributors","url":"\/3.2-4804\/","token":"3.2\/III\/48\/3.2-4804","metadata":false},{"id":73178,"structure_id":13515,"section_number":"3.2-4805","catch_line":"Report and inspection fees","url":"\/3.2-4805\/","token":"3.2\/III\/48\/3.2-4805","metadata":false},{"id":66183,"structure_id":13515,"section_number":"3.2-4806","catch_line":"Labeling","url":"\/3.2-4806\/","token":"3.2\/III\/48\/3.2-4806","metadata":false},{"id":62807,"structure_id":13515,"section_number":"3.2-4807","catch_line":"Misbranding","url":"\/3.2-4807\/","token":"3.2\/III\/48\/3.2-4807","metadata":false},{"id":60623,"structure_id":13515,"section_number":"3.2-4808","catch_line":"Adulteration","url":"\/3.2-4808\/","token":"3.2\/III\/48\/3.2-4808","metadata":false},{"id":67470,"structure_id":13515,"section_number":"3.2-4809","catch_line":"Inspection, sampling, and analysis","url":"\/3.2-4809\/","token":"3.2\/III\/48\/3.2-4809","metadata":false},{"id":63681,"structure_id":13515,"section_number":"3.2-4810","catch_line":"Assessments for variance from guaranteed analysis, misbranding, and adulteration","url":"\/3.2-4810\/","token":"3.2\/III\/48\/3.2-4810","metadata":false},{"id":69389,"structure_id":13515,"section_number":"3.2-4811","catch_line":"Fee for late payment of assessments","url":"\/3.2-4811\/","token":"3.2\/III\/48\/3.2-4811","metadata":false},{"id":56713,"structure_id":13515,"section_number":"3.2-4812","catch_line":"Prohibited acts","url":"\/3.2-4812\/","token":"3.2\/III\/48\/3.2-4812","metadata":false},{"id":82344,"structure_id":13515,"section_number":"3.2-4813","catch_line":"Detained commercial feeds","url":"\/3.2-4813\/","token":"3.2\/III\/48\/3.2-4813","metadata":false},{"id":65239,"structure_id":13515,"section_number":"3.2-4814","catch_line":"Disposition of fees, assessments, and penalties","url":"\/3.2-4814\/","token":"3.2\/III\/48\/3.2-4814","metadata":false},{"id":79032,"structure_id":13515,"section_number":"3.2-4815","catch_line":"Commissioner's actions; injunction","url":"\/3.2-4815\/","token":"3.2\/III\/48\/3.2-4815","metadata":false},{"id":61038,"structure_id":13515,"section_number":"3.2-4816","catch_line":"The Commissioner to cancel license and product registrations","url":"\/3.2-4816\/","token":"3.2\/III\/48\/3.2-4816","metadata":false},{"id":79588,"structure_id":13515,"section_number":"3.2-4817","catch_line":"Violation of chapter; penalty","url":"\/3.2-4817\/","token":"3.2\/III\/48\/3.2-4817","metadata":false}],"previous_section":{"id":67470,"structure_id":13515,"section_number":"3.2-4809","catch_line":"Inspection, sampling, and analysis","url":"\/3.2-4809\/","token":"3.2\/III\/48\/3.2-4809","metadata":false},"next_section":{"id":69389,"structure_id":13515,"section_number":"3.2-4811","catch_line":"Fee for late payment of assessments","url":"\/3.2-4811\/","token":"3.2\/III\/48\/3.2-4811","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-4810\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 743<\/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 860<\/a>.<\/p>","references":false,"refers_to":[{"id":76618,"section_number":"3.2-4801","catch_line":"Authority of the Board and the Commissioner to adopt regulations","order_by":null,"url":"\/3.2-4801\/"},{"id":62807,"section_number":"3.2-4807","catch_line":"Misbranding","order_by":null,"url":"\/3.2-4807\/"},{"id":60623,"section_number":"3.2-4808","catch_line":"Adulteration","order_by":null,"url":"\/3.2-4808\/"},{"id":69389,"section_number":"3.2-4811","catch_line":"Fee for late payment of assessments","order_by":null,"url":"\/3.2-4811\/"}],"permalink":{"id":197025,"object_type":"law","relational_id":63681,"identifier":"3.2-4810","token":"3.2\/III\/48\/3.2-4810","url":"\/3.2-4810\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-4810\/","token":"3.2\/III\/48\/3.2-4810","dublin_core":{"Title":"Assessments for variance from guaranteed analysis, misbranding, and adulteration","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-4810","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the Commissioner<\/span> determines that a commercial feed<\/span> fails to meet the label<\/span> guarantee within the analytical variations specified in \u00a7 3.2-4801<\/a>, the Commissioner<\/span> shall make an assessment against the guarantor<\/span> on each pound of the lot of commercial feed<\/span> represented by the sample and that any person sold as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For deficient protein, two and one-half times the value of the deficiency<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For deficient fat, two times the value of the deficiency<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> For excessive fiber, 10 percent<\/span> of the sales invoice price of the feed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the Commissioner<\/span> determines that any commercial feed<\/span> is misbranded as provided in § 3.2-4807<\/a> or adulterated as provided in § 3.2-4808<\/a>, the Commissioner<\/span> shall assess 10 percent<\/span> of the sales invoice price of the feed against the guarantor<\/span> on each pound of the lot of commercial feed<\/span> represented by the sample and that any person sold. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the Commissioner<\/span> finds a commercial feed<\/span> in violation of subsection A or \u00a7 3.2-4807<\/a> or 3.2-4808<\/a>, the Commissioner<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Assess the manufacturer<\/span> or guarantor<\/span> based on the violations that occur in a 90-day period, such period to begin on the date when the Commissioner<\/span> sends notification of the violation to the manufacturer<\/span> or guarantor<\/span>. The 90-day period restarts upon each notification of violation to the manufacturer<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Assess the manufacturer<\/span> or guarantor<\/span> on violative commercial feeds<\/span> that bear the same label<\/span> and are from the same manufacturing location; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Not make more than one assessment against the manufacturer<\/span> or guarantor<\/span> for the same manufacturing lot of commercial feed<\/span> when the lot identification information is listed on the label<\/span> of the commercial feed<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Not assess the manufacturer<\/span> or guarantor<\/span> in excess of $5,000 per occurrence; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Assess a minimum of $200 for the first violation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Assess a minimum of $400 for the second violation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Assess a minimum of $800 for the third violation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Assess a minimum of $1,600 for the fourth violation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Assess a minimum of $3,200 for the fifth violation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Assess a minimum of $5,000 for the sixth violation, and for each ensuing violation, without limitation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Waive<\/span> the initial $200 minimum assessment if the Commissioner<\/span> finds that the violation of the commercial feed<\/span> variance provision has not occurred within the 90-day period; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Have the discretion not to make an assessment if the value of the deficiency<\/span> of the initial violation is $5 or less, but shall notify the manufacturer<\/span> or guarantor<\/span> and shall apply all further assessments on additional violations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The manufacturer<\/span> or guarantor<\/span> shall pay all assessments to the Commissioner<\/span> within 60 days of notice of payment due. Any person who fails to pay the assessment within the specified time shall pay to the Commissioner<\/span> a late fee as specified in § 3.2-4811<\/a>. The Commissioner<\/span> shall revoke the license of such person who fails to pay the assessment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Commissioner<\/span> 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<\/span> sold or offered for sale in the Commonwealth. The Commissioner<\/span> may furnish, and upon application shall furnish, such relative values to any person engaged in the manufacture<\/span> or sale of feed in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> As used in this section, the term “value of the deficiency<\/span>” means the monetary value of the deficiency<\/span> in protein or fat of the lot of commercial feed<\/span> from which the Commissioner<\/span> collected a sample. The Commissioner<\/span> shall determine the value of the deficiency<\/span> by calculating the number of pounds of commercial feed<\/span> deficient in protein or fat, as compared to the label<\/span> guarantee, in the sample lot and multiplying those pounds by the relative value per pound of protein or fat. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASSESSMENTS FOR VARIANCE FROM GUARANTEED ANALYSIS, MISBRANDING, AND ADULTERATION\n(\u00a7 3.2-4810)\n\nA. If the Commissioner determines that a commercial feed fails to meet the label\nguarantee within the analytical variations specified in \u00a7 3.2-4801, the\nCommissioner shall make an assessment against the guarantor on each pound of the\nlot of commercial feed represented by the sample and that any person sold as\nfollows:\n\n 1. For deficient protein, two and one-half times the value of the deficiency;\n\n 2. For deficient fat, two times the value of the deficiency; and\n\n 3. For excessive fiber, 10 percent of the sales invoice price of the feed.\n\nB. If the Commissioner determines that any commercial feed is misbranded as\nprovided in § 3.2-4807 or adulterated as provided in § 3.2-4808, the\nCommissioner shall assess 10 percent of the sales invoice price of the feed\nagainst the guarantor on each pound of the lot of commercial feed represented by\nthe sample and that any person sold.\n\nC. If the Commissioner finds a commercial feed in violation of subsection A or\n\u00a7 3.2-4807 or 3.2-4808, the Commissioner shall:\n\n 1. Assess the manufacturer or guarantor based on the violations that occur in\n a 90-day period, such period to begin on the date when the Commissioner sends\n notification of the violation to the manufacturer or guarantor. The 90-day\n period restarts upon each notification of violation to the manufacturer;\n\n 2. Assess the manufacturer or guarantor on violative commercial feeds that\n bear the same label and are from the same manufacturing location;\n\n 3. Not make more than one assessment against the manufacturer or guarantor for\n the same manufacturing lot of commercial feed when the lot identification\n information is listed on the label of the commercial feed;\n\n 4. Not assess the manufacturer or guarantor in excess of $5,000 per\n occurrence;\n\n 5. Assess a minimum of $200 for the first violation;\n\n 6. Assess a minimum of $400 for the second violation;\n\n 7. Assess a minimum of $800 for the third violation;\n\n 8. Assess a minimum of $1,600 for the fourth violation;\n\n 9. Assess a minimum of $3,200 for the fifth violation;\n\n 10. Assess a minimum of $5,000 for the sixth violation, and for each ensuing\n violation, without limitation;\n\n 11. Waive the initial $200 minimum assessment if the Commissioner finds that\n the violation of the commercial feed variance provision has not occurred\n within the 90-day period; and\n\n 12. Have the discretion not to make an assessment if the value of the\n deficiency of the initial violation is $5 or less, but shall notify the\n manufacturer or guarantor and shall apply all further assessments on\n additional violations.\n\nD. The manufacturer or guarantor shall pay all assessments to the Commissioner\nwithin 60 days of notice of payment due. Any person who fails to pay the\nassessment within the specified time shall pay to the Commissioner a late fee as\nspecified in § 3.2-4811. The Commissioner shall revoke the license of such\nperson who fails to pay the assessment.\n\nE. The Commissioner shall compute the approximate value per pound of protein and\nfat and this computation shall be used to establish the relative value of\ndeficiencies on commercial feed sold or offered for sale in the Commonwealth.\nThe Commissioner may furnish, and upon application shall furnish, such relative\nvalues to any person engaged in the manufacture or sale of feed in the\nCommonwealth.\n\nF. As used in this section, the term “value of the deficiency” means\nthe monetary value of the deficiency in protein or fat of the lot of commercial\nfeed from which the Commissioner collected a sample. The Commissioner shall\ndetermine the value of the deficiency by calculating the number of pounds of\ncommercial feed deficient in protein or fat, as compared to the label guarantee,\nin the sample lot and multiplying those pounds by the relative value per pound\nof protein or fat.\n\nHISTORY: 1994, c. 743, \u00a7 3.1-828.11; 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}}