2006 Code of Virginia § 3.1-295 - Violations and prosecutions

3.1-295. Violations and prosecutions.

Any person violating any of the provisions of this chapter or any rule orregulation promulgated pursuant hereto shall be guilty of a misdemeanor andupon conviction thereof shall be punished by a fine not to exceed $500 orconfinement in jail not to exceed twelve months or both. Whenever theCommissioner has reason to believe there has been any violation of theprovisions of this chapter or of any rule or regulation promulgated pursuantthereto he shall immediately notify in writing the person in whose hand suchpotatoes are found and send a copy of such notice to the owner or shipper ofthe Irish potatoes designating a time and place for a hearing. Any party sonotified shall be given an opportunity to be heard under such rules andregulations as may be promulgated as herein provided. If it appears afterproper hearing, that any of the provisions of this chapter have beenviolated, the Commissioner of Agriculture and Consumer Services may certifythe facts to the attorney for the Commonwealth in the county or city in whichthe violation occurred, and furnish him with a copy of the results of theinspection of such Irish potatoes, or parts thereof duly authenticated by theinspector making such inspection, under the oath of such inspector. It shallbe the duty of such attorney of such county or city to prosecute any caseinvolving the violation of any provisions of this chapter or of any rule orregulation when promulgated as herein provided when requested to do so by theCommissioner of Agriculture and Consumer Services.

(Code 1950, 3-228.11; 1950, p. 1030; 1966, cc. 686, 702; 1978, c. 540.)