State Codes and Statutes

Statutes > Virginia > Title-46-2 > Chapter-10 > 46-2-1007

§ 46.2-1007. Retesting of devices and revocation of approval certificates.

The Superintendent, when having reason to believe that an approved device orequipment for which a certificate of approval has been issued and which isbeing sold commercially does not, under ordinary conditions of use, complywith the requirements of this chapter, may, after notice to the manufacturerthereof, suspend or revoke the certificate of approval issued therefor, untilor unless the device is resubmitted to and retested by an authorized testingagency and is found to meet the requirements of this chapter. If thecertificate of approval for such device or equipment has been waived by theSuperintendent as provided in § 46.2-1005, the notice to the manufacturer asprovided in this section shall have the effect of making further sales ofsuch device or equipment unlawful in the Commonwealth until such device orequipment has been submitted to the Superintendent and a certificate ofapproval has been issued in accordance with the procedure establishedpursuant to § 46.2-1005. The Superintendent may, at the time of retest,purchase in the open market and submit to the testing agency one or more setsof the approved device, and if the device fails to meet the requirements ofthis title, the Superintendent may permanently revoke the certificate ofapproval of the device. In the discretion of the Superintendent, an approvalfor the sale and use of any such device may be amended to permit thecontinued use of such devices already sold but to prohibit further sales ofthe device.

(Code 1950, § 46-315; 1958, c. 541, § 46.1-313; 1960, c. 125; 1962, c. 146;1989, c. 727.)

State Codes and Statutes

Statutes > Virginia > Title-46-2 > Chapter-10 > 46-2-1007

§ 46.2-1007. Retesting of devices and revocation of approval certificates.

The Superintendent, when having reason to believe that an approved device orequipment for which a certificate of approval has been issued and which isbeing sold commercially does not, under ordinary conditions of use, complywith the requirements of this chapter, may, after notice to the manufacturerthereof, suspend or revoke the certificate of approval issued therefor, untilor unless the device is resubmitted to and retested by an authorized testingagency and is found to meet the requirements of this chapter. If thecertificate of approval for such device or equipment has been waived by theSuperintendent as provided in § 46.2-1005, the notice to the manufacturer asprovided in this section shall have the effect of making further sales ofsuch device or equipment unlawful in the Commonwealth until such device orequipment has been submitted to the Superintendent and a certificate ofapproval has been issued in accordance with the procedure establishedpursuant to § 46.2-1005. The Superintendent may, at the time of retest,purchase in the open market and submit to the testing agency one or more setsof the approved device, and if the device fails to meet the requirements ofthis title, the Superintendent may permanently revoke the certificate ofapproval of the device. In the discretion of the Superintendent, an approvalfor the sale and use of any such device may be amended to permit thecontinued use of such devices already sold but to prohibit further sales ofthe device.

(Code 1950, § 46-315; 1958, c. 541, § 46.1-313; 1960, c. 125; 1962, c. 146;1989, c. 727.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-46-2 > Chapter-10 > 46-2-1007

§ 46.2-1007. Retesting of devices and revocation of approval certificates.

The Superintendent, when having reason to believe that an approved device orequipment for which a certificate of approval has been issued and which isbeing sold commercially does not, under ordinary conditions of use, complywith the requirements of this chapter, may, after notice to the manufacturerthereof, suspend or revoke the certificate of approval issued therefor, untilor unless the device is resubmitted to and retested by an authorized testingagency and is found to meet the requirements of this chapter. If thecertificate of approval for such device or equipment has been waived by theSuperintendent as provided in § 46.2-1005, the notice to the manufacturer asprovided in this section shall have the effect of making further sales ofsuch device or equipment unlawful in the Commonwealth until such device orequipment has been submitted to the Superintendent and a certificate ofapproval has been issued in accordance with the procedure establishedpursuant to § 46.2-1005. The Superintendent may, at the time of retest,purchase in the open market and submit to the testing agency one or more setsof the approved device, and if the device fails to meet the requirements ofthis title, the Superintendent may permanently revoke the certificate ofapproval of the device. In the discretion of the Superintendent, an approvalfor the sale and use of any such device may be amended to permit thecontinued use of such devices already sold but to prohibit further sales ofthe device.

(Code 1950, § 46-315; 1958, c. 541, § 46.1-313; 1960, c. 125; 1962, c. 146;1989, c. 727.)