                                 CODE OF VIRGINIA

MISBRANDING (§ 3.2-3612)

A. It is unlawful to distribute misbranded regulated product. A regulated
product shall be deemed to be misbranded if:

   1. It has a label that is false or misleading in any particular;

   2. It is distributed under the name of another product;

   3. It is not labeled as specified in &#xA7; 3.2-3611, and in accordance with
   regulations adopted pursuant to this chapter; or

   4. It purports to be, or is represented as, a fertilizer, or is represented as
   containing a plant nutrient or fertilizer, unless such plant nutrient or
   fertilizer conforms to the definition of identity, if any, as prescribed by
   regulation of the Board.

B. The guarantor of any regulated product found to be misbranded 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 misbranding
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 misbranding shall be in addition to any assessment
for plant food deficiency.

HISTORY: 1994, c. 740, § 3.1-106.10; 2008, c. 860; 2011, cc. 552, 564.