3.2-3616 - Assessments for variance from label guarantees. - Virginia Statutes

§ 3.2-3616. Assessments for variance from label guarantees.

A. The guarantor shall pay to the consumer all assessments for misbranding,adulteration or plant food deficiency on the lot of regulated productrepresented by the sample analyzed. The guarantor shall make payment to theconsumer within 60 days after the date of notice from the Commissioner to theguarantor. The guarantor shall obtain a receipt documenting the payment ofsuch assessment, which shall be forwarded to the Commissioner within the60-day period during which payment to the consumer is made.

B. If the guarantor cannot locate the consumer within 60 days; the amount ofthe assessment shall be paid to the Commissioner, who shall deposit it in thestate treasury, and report to the State Comptroller, who shall credit theamount to a special fund for the sale of substandard fertilizer. TheCommissioner shall pay to the consumer of a lot of regulated product on whichthe assessment was made an amount equal to the assessment from the Sale ofSubstandard Fertilizer Fund if the consumer can be located in 90 days. TheState Comptroller shall transfer any balance remaining in the fund for aperiod of 90 days to the Feed, Lime, Fertilizer, and Animal Remedies Fund asspecified by § 3.2-3617. Any person required to pay an assessment who failsto pay the assessment within the time specified shall pay to the Commissionera late fee of 10 percent of the assessment, or $50, whichever is greater, inaddition to the assessment. The Commissioner may cancel the license of suchperson who fails to pay the assessment.

(1994, c. 740, § 3.1-106.14; 2008, c. 860.)