3.2-3612 - Misbranding.
§ 3.2-3612. Misbranding.
A. It is unlawful to distribute misbranded regulated product. A regulatedproduct shall be deemed to be misbranded if:
1. It has a label that 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 § 3.2-3611, and in accordance withregulations adopted pursuant to 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 10 percent of theretail value of the regulated product found to be in violation of subsectionA of this section. The assessment for misbranding shall apply only to theretail sale of any regulated product made from a lot or a portion thereofafter the Commissioner has sampled the lot or a portion thereof.
(1994, c. 740, § 3.1-106.10; 2008, c. 860.)