                                 CODE OF VIRGINIA

ASSESSMENT FOR VARIANCE FROM GUARANTEE (§ 3.2-4014)

A. 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.

B. 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 &#xA7; 3.2-4006 available for inspection; or (v)
the person who sold the seed does not have a laboratory analysis available for
inspection.

C. 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.

HISTORY: Code 1950, § 3-219.11; 1958, c. 483; 1966, c. 702, § 3.1-273; 1994,
c. 577; 2008, c. 860.