2006 Code of Virginia § 3.1-106.10 - Misbranding

3.1-106.10. Misbranding.

A. No person may distribute misbranded regulated product. Regulated productshall be deemed to be misbranded if:

1. It has a label which is false or misleading in any particular;

2. It is distributed under the name of another product;

3. It is not labeled as specified in 3.1-106.5 of this chapter, and inaccordance with regulations prescribed under this chapter; or

4. It purports to be, or is represented as, a fertilizer, or is representedas containing a plant nutrient or fertilizer, unless such plant nutrient orfertilizer conforms to the definition of identity, if any, as prescribed byregulation of the Board.

B. The person whose name is on the label of any regulated product found to bemisbranded shall pay to the consumer an assessment equal to ten percent ofthe retail value of the regulated product found to be in violation ofsubsection A of this section. The assessment for misbranding shall apply onlyto the retail sale of any regulated product made from a lot or a portionthereof after the Commissioner or his agent has sampled the lot or a portionthereof.

(1994, c. 740.)