2006 Code of Virginia § 3.1-292 - Inspection of potatoes; right of entry; "stop sale" order; seizure of potatoes

3.1-292. Inspection of potatoes; right of entry; "stop sale" order;seizure of potatoes.

To effectively enforce the provisions of this chapter, the Commissioner ofAgriculture and Consumer Services shall require employees of his departmentto inspect Irish potatoes and parts thereof shipped into, advertised,possessed, sold or offered for sale within this Commonwealth for the purposeof propagation or being planted for the production of commercial Irishpotatoes, and the Commissioner and such employees may enter any place ofbusiness, warehouse, common carrier or other place where such potatoes arebeing stored, being held or being planted, for the purpose of making suchinspection. It shall be unlawful for any person having custody of suchpotatoes or of the place in which the same are held to interfere with suchinspections. The fee for such inspection shall not exceed the current ratefor federal-state inspection of table stock potatoes or the reasonable costof inspection, whichever is less. Any fee imposed by the Commissioner shallbe abated to the extent funds are appropriated from the general fund for seedpotato inspection. Records such as bills of lading or invoices accompanyingeach shipment of "approved seed" Irish potatoes shall give the name of theconsignee, consignor and/or custodian. The Commissioner or his dulyauthorized agents shall have the right to inspect such records for thepurpose of the effective administration of this chapter. When theCommissioner or his employees find potatoes or parts thereof held, offered orexposed for sale in violation of any of the provisions of this chapter or anyrule or regulation adopted pursuant thereto, he may issue a written orprinted "stop sale" order to the owner or custodian of any such potatoesand it shall be unlawful for anyone, after receipt of such "stop sale"order, to sell for propagation purposes within this Commonwealth, anypotatoes with respect to which such order has been issued until theCommissioner has evidence that such potatoes will be used for other thanpropagation purposes or for propagation purposes outside of thisCommonwealth. When the Commissioner has evidence that such potatoes will beused for other than propagation purposes or for propagation purposes outsideof this Commonwealth, he shall issue a notice releasing such potatoes fromthe "stop sale" order. Further, any shipment of Irish potato seed beingoffered or exposed for sale, advertised, planted, or held with intent to sellor being planted for propagation purposes or for production of commercialwhite potatoes, contrary to the provisions of this chapter shall be subjectto seizure on complaint of the Commissioner to a court of competentjurisdiction in the county or city in which the Irish potatoes are located.In the event the court finds the Irish potatoes to be in violation of theprovisions of this chapter and orders the condemnation thereof, the personhaving possession of the Irish potatoes shall be permitted to post a bonddouble the amount of the value of the Irish potatoes, and such person shallhave ten days from the date of the order of condemnation to denature, destroyor process for other than propagation purposes the Irish potatoes in suchperson's possession. If the person in possession of the Irish potatoes failsto post the bond required or act within the time limit set forth in thepreceding sentence, then the court shall order that the Irish potatoes shallbe denatured, destroyed or processed for other than propagation purposes.

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