State Codes and Statutes
Statutes > Virginia > Title-3-2 > Chapter-40 > 3-2-4014§ 3.2-4014. Assessment for variance from guarantee.
A. The Commissioner may make an assessment for variance from guarantee uponthe guarantor if any person sells seed if he finds such seed: (i) is notwithin testing tolerance of the labeled analysis; (ii) contains restrictednoxious-weed seeds in excess of the amount claimed on the label; (iii) is notlabeled; or (iv) is not labeled in accordance with the provisions of thisarticle. The Commissioner shall make an assessment for variance fromguarantee equivalent to one percent of the amount of money the person fromwhom the sample was taken receives from the sale of the seed or $100(whichever is greater), upon each lot of seed or portion thereof theCommissioner found in violation, except as provided in subsection B. TheCommissioner shall make the assessment for variance from guarantee only onthe lot or portion sold after the Commissioner sampled the lot.
B. The Commissioner shall make an assessment for variance from guarantee uponthe guarantor of three times the amount the Commissioner calculates pursuantto subsection A if the Commissioner finds that: (i) the seed containsprohibited noxious-weed seeds; (ii) the seed contains restricted noxious-weedseeds in a prohibited amount; (iii) the guarantor has mislabeled such seed asto variety including a component of a mixture; (iv) the person who sold theseed does not have the records required in § 3.2-4006 available forinspection; or (v) the person who sold the seed does not have a laboratoryanalysis available for inspection.
C. The guarantor on whom the assessment for variance from guarantee is madeshall pay the assessment to the Commissioner within 60 days from the date theCommissioner issues the assessment. Any person who fails to pay theassessment within 60 days shall pay a late fee of 10 percent of theassessment to the Commissioner in addition to the assessment. TheCommissioner shall revoke the license of any person who fails to pay anassessment.
(Code 1950, § 3-219.11; 1958, c. 483; 1966, c. 702, § 3.1-273; 1994, c. 577;2008, c. 860.)
