§ 3.2-4810. Assessments for variance from guaranteed analysis, misbranding,and adulteration.
A. If the Commissioner determines that a commercial feed fails to meet thelabel guarantee within the analytical variations specified in § 3.2-4801, theCommissioner shall make an assessment against the guarantor on each pound ofthe lot of commercial feed represented by the sample and that any person soldas follows:
1. For deficient protein, two and one-half times the value of the deficiency;
2. For deficient fat, two times the value of the deficiency; and
3. For excessive fiber, 10 percent of the sales invoice price of the feed.
B. If the Commissioner determines that any commercial feed is misbranded asprovided in § 3.2-4807 or adulterated as provided in § 3.2-4808, theCommissioner shall assess 10 percent of the sales invoice price of the feedagainst the guarantor on each pound of the lot of commercial feed representedby the sample and that any person sold.
C. If the Commissioner finds a commercial feed in violation of subsection Aor § 3.2-4807 or 3.2-4808, the Commissioner shall:
1. Assess the manufacturer or guarantor based on the violations that occur ina 90-day period, such period to begin on the date when the Commissioner sendsnotification of the violation to the manufacturer or guarantor. The 90-dayperiod restarts upon each notification of violation to the manufacturer;
2. Assess the manufacturer or guarantor on violative commercial feeds thatbear the same label and are from the same manufacturing location;
3. Not make more than one assessment against the manufacturer or guarantorfor the same manufacturing lot of commercial feed when the lot identificationinformation is listed on the label of the commercial feed;
4. Not assess the manufacturer or guarantor in excess of $5,000 peroccurrence;
5. Assess a minimum of $200 for the first violation;
6. Assess a minimum of $400 for the second violation;
7. Assess a minimum of $800 for the third violation;
8. Assess a minimum of $1,600 for the fourth violation;
9. Assess a minimum of $3,200 for the fifth violation;
10. Assess a minimum of $5,000 for the sixth violation, and for each ensuingviolation, without limitation;
11. Waive the initial $200 minimum assessment if the Commissioner finds thatthe violation of the commercial feed variance provision has not occurredwithin the 90-day period; and
12. Have the discretion not to make an assessment if the value of thedeficiency of the initial violation is $5 or less, but shall notify themanufacturer or guarantor and shall apply all further assessments onadditional violations.
D. The manufacturer or guarantor shall pay all assessments to theCommissioner within 60 days of notice of payment due. Any person who fails topay the assessment within the specified time shall pay to the Commissioner alate fee as specified in § 3.2-4811. The Commissioner shall revoke thelicense of such person who fails to pay the assessment.
E. The Commissioner shall compute the approximate value per pound of proteinand fat and this computation shall be used to establish the relative value ofdeficiencies on commercial feed sold or offered for sale in the Commonwealth.The Commissioner may furnish, and upon application shall furnish, suchrelative values to any person engaged in the manufacture or sale of feed inthe Commonwealth.
F. As used in this section, the term "value of the deficiency" means themonetary value of the deficiency in protein or fat of the lot of commercialfeed from which the Commissioner collected a sample. The Commissioner shalldetermine the value of the deficiency by calculating the number of pounds ofcommercial feed deficient in protein or fat, as compared to the labelguarantee, in the sample lot and multiplying those pounds by the relativevalue per pound of protein or fat.
§ 3.2-4810. Assessments for variance from guaranteed analysis, misbranding,and adulteration.
A. If the Commissioner determines that a commercial feed fails to meet thelabel guarantee within the analytical variations specified in § 3.2-4801, theCommissioner shall make an assessment against the guarantor on each pound ofthe lot of commercial feed represented by the sample and that any person soldas follows:
1. For deficient protein, two and one-half times the value of the deficiency;
2. For deficient fat, two times the value of the deficiency; and
3. For excessive fiber, 10 percent of the sales invoice price of the feed.
B. If the Commissioner determines that any commercial feed is misbranded asprovided in § 3.2-4807 or adulterated as provided in § 3.2-4808, theCommissioner shall assess 10 percent of the sales invoice price of the feedagainst the guarantor on each pound of the lot of commercial feed representedby the sample and that any person sold.
C. If the Commissioner finds a commercial feed in violation of subsection Aor § 3.2-4807 or 3.2-4808, the Commissioner shall:
1. Assess the manufacturer or guarantor based on the violations that occur ina 90-day period, such period to begin on the date when the Commissioner sendsnotification of the violation to the manufacturer or guarantor. The 90-dayperiod restarts upon each notification of violation to the manufacturer;
2. Assess the manufacturer or guarantor on violative commercial feeds thatbear the same label and are from the same manufacturing location;
3. Not make more than one assessment against the manufacturer or guarantorfor the same manufacturing lot of commercial feed when the lot identificationinformation is listed on the label of the commercial feed;
4. Not assess the manufacturer or guarantor in excess of $5,000 peroccurrence;
5. Assess a minimum of $200 for the first violation;
6. Assess a minimum of $400 for the second violation;
7. Assess a minimum of $800 for the third violation;
8. Assess a minimum of $1,600 for the fourth violation;
9. Assess a minimum of $3,200 for the fifth violation;
10. Assess a minimum of $5,000 for the sixth violation, and for each ensuingviolation, without limitation;
11. Waive the initial $200 minimum assessment if the Commissioner finds thatthe violation of the commercial feed variance provision has not occurredwithin the 90-day period; and
12. Have the discretion not to make an assessment if the value of thedeficiency of the initial violation is $5 or less, but shall notify themanufacturer or guarantor and shall apply all further assessments onadditional violations.
D. The manufacturer or guarantor shall pay all assessments to theCommissioner within 60 days of notice of payment due. Any person who fails topay the assessment within the specified time shall pay to the Commissioner alate fee as specified in § 3.2-4811. The Commissioner shall revoke thelicense of such person who fails to pay the assessment.
E. The Commissioner shall compute the approximate value per pound of proteinand fat and this computation shall be used to establish the relative value ofdeficiencies on commercial feed sold or offered for sale in the Commonwealth.The Commissioner may furnish, and upon application shall furnish, suchrelative values to any person engaged in the manufacture or sale of feed inthe Commonwealth.
F. As used in this section, the term "value of the deficiency" means themonetary value of the deficiency in protein or fat of the lot of commercialfeed from which the Commissioner collected a sample. The Commissioner shalldetermine the value of the deficiency by calculating the number of pounds ofcommercial feed deficient in protein or fat, as compared to the labelguarantee, in the sample lot and multiplying those pounds by the relativevalue per pound of protein or fat.
§ 3.2-4810. Assessments for variance from guaranteed analysis, misbranding,and adulteration.
A. If the Commissioner determines that a commercial feed fails to meet thelabel guarantee within the analytical variations specified in § 3.2-4801, theCommissioner shall make an assessment against the guarantor on each pound ofthe lot of commercial feed represented by the sample and that any person soldas follows:
1. For deficient protein, two and one-half times the value of the deficiency;
2. For deficient fat, two times the value of the deficiency; and
3. For excessive fiber, 10 percent of the sales invoice price of the feed.
B. If the Commissioner determines that any commercial feed is misbranded asprovided in § 3.2-4807 or adulterated as provided in § 3.2-4808, theCommissioner shall assess 10 percent of the sales invoice price of the feedagainst the guarantor on each pound of the lot of commercial feed representedby the sample and that any person sold.
C. If the Commissioner finds a commercial feed in violation of subsection Aor § 3.2-4807 or 3.2-4808, the Commissioner shall:
1. Assess the manufacturer or guarantor based on the violations that occur ina 90-day period, such period to begin on the date when the Commissioner sendsnotification of the violation to the manufacturer or guarantor. The 90-dayperiod restarts upon each notification of violation to the manufacturer;
2. Assess the manufacturer or guarantor on violative commercial feeds thatbear the same label and are from the same manufacturing location;
3. Not make more than one assessment against the manufacturer or guarantorfor the same manufacturing lot of commercial feed when the lot identificationinformation is listed on the label of the commercial feed;
4. Not assess the manufacturer or guarantor in excess of $5,000 peroccurrence;
5. Assess a minimum of $200 for the first violation;
6. Assess a minimum of $400 for the second violation;
7. Assess a minimum of $800 for the third violation;
8. Assess a minimum of $1,600 for the fourth violation;
9. Assess a minimum of $3,200 for the fifth violation;
10. Assess a minimum of $5,000 for the sixth violation, and for each ensuingviolation, without limitation;
11. Waive the initial $200 minimum assessment if the Commissioner finds thatthe violation of the commercial feed variance provision has not occurredwithin the 90-day period; and
12. Have the discretion not to make an assessment if the value of thedeficiency of the initial violation is $5 or less, but shall notify themanufacturer or guarantor and shall apply all further assessments onadditional violations.
D. The manufacturer or guarantor shall pay all assessments to theCommissioner within 60 days of notice of payment due. Any person who fails topay the assessment within the specified time shall pay to the Commissioner alate fee as specified in § 3.2-4811. The Commissioner shall revoke thelicense of such person who fails to pay the assessment.
E. The Commissioner shall compute the approximate value per pound of proteinand fat and this computation shall be used to establish the relative value ofdeficiencies on commercial feed sold or offered for sale in the Commonwealth.The Commissioner may furnish, and upon application shall furnish, suchrelative values to any person engaged in the manufacture or sale of feed inthe Commonwealth.
F. As used in this section, the term "value of the deficiency" means themonetary value of the deficiency in protein or fat of the lot of commercialfeed from which the Commissioner collected a sample. The Commissioner shalldetermine the value of the deficiency by calculating the number of pounds ofcommercial feed deficient in protein or fat, as compared to the labelguarantee, in the sample lot and multiplying those pounds by the relativevalue per pound of protein or fat.
