3.2-3613 - Adulteration. - Virginia Statutes

§ 3.2-3613. Adulteration.

A. It is unlawful to distribute an adulterated regulated product. A regulatedproduct shall be deemed to be adulterated if:

1. It contains any deleterious or harmful ingredient, in sufficient amount torender it injurious to beneficial plant life, when applied in accordance withdirections for use on the label;

2. It does not contain an adequate warning statement, or directions for use,on the label sufficient to protect plant life;

3. It has a composition that falls below or differs from that which it ispurported to possess by its labeling; or

4. It contains unwanted crop seed, or viable prohibited or restricted noxiousweed seeds in amounts exceeding the limits specified in the regulations ofthe Board.

B. The person whose name is on the label of any regulated product found to beadulterated shall pay to the consumer an assessment equal to 10 percent ofthe retail value of the regulated product found to be in violation ofsubsection A not to exceed $5,000 per occurrence. The assessment foradulteration shall apply only to the retail sale of any regulated productmade from a lot or a portion thereof after the Commissioner has sampled thelot or a portion thereof.

(1994, c. 740, § 3.1-106.11; 2008, c. 860.)