3.2-4108 - Stop sale" order; seizure; condemnation. - Virginia Statutes

§ 3.2-4108. "Stop sale" order; seizure; condemnation.

A. When the Commissioner finds seed potatoes sold or offered for sale inviolation of this chapter or any regulation hereunder, he may issue a "stopsale" order to the owner or custodian. It is unlawful for anyone to sell anyseed potatoes under a "stop sale" order until the Commissioner has evidencethat such potatoes will: (i) not be used for propagation purposes; or (ii) beused outside the Commonwealth. When the Commissioner has such evidence, heshall issue a notice releasing potatoes from the "stop sale" order.

B. Any shipment of seed potatoes in violation of this chapter shall besubject to seizure on complaint of the Commissioner to the appropriate courtin the city or county where the seed potatoes are located. If the court findsthe seed potatoes to be in violation and orders condemnation, the owner shallbe permitted to post a bond double the amount of the value of the seedpotatoes. Then the owner shall have 10 days from the date of the order ofcondemnation to denature, destroy, or process the potatoes for other thanpropagation purposes. If the owner fails to post the bond required or actwithin the time limit set forth in the preceding sentence, then the courtshall order that the seed potatoes be denatured, destroyed, or processed forother than propagation purposes.

(Code 1950, § 3-228.8; 1950, p. 1030; 1966, cc. 686, 702, § 3.1-292; 1978, c.540; 1980, c. 308; 2008, c. 860.)