Virginia Administrative Code
Title 2 - AGRICULTURE
Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Chapter 410 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA AGRICULTURAL LIMING MATERIALS LAW
Section 2VAC5-410-30 - Investigational allowances and penalties

Universal Citation: 2 VA Admin Code 5-410-30

Current through Register Vol. 41, No. 9, December 16, 2024

A. A penalty shall be assessed against the registrant when the Virginia Department of Agriculture and Consumer Services analysis indicates a deficiency of 5.0% or more of the label statement for neutralizing value. The registrant shall refund to the purchaser a penalty equal to two times the actual cash value of the deficiency based on the delivered retail price. The minimum penalty shall be $.50 per ton.

B. A penalty of $.50 per ton shall be assessed against the registrant for each 5.0% variation below the labeled screen size. The registrant shall refund these penalties to the purchasers.

C. A penalty shall be assessed against the registrant when the Virginia Department of Agriculture and Consumer Services analysis of available potash, in lime potash mixtures, indicates a variation of 10% or more below the label statement. The registrant shall refund to the purchaser a penalty equal to two times the actual cash value of the deficiency based on delivered retail price. The minimum penalty shall be $.50 per ton.

D. A penalty shall be assessed against the registrant when the Virginia Department of Agriculture and Consumer Services analysis indicates a variation of 10% or more below the label statement for one or more of the following: Calcium Oxide, Magnesium Oxide, Calcium Carbonate, or Magnesium Carbonate. The registrant shall refund the purchaser at the rate of $1.00 per ton.

Statutory Authority

§ 3.2-3701 of the Code of Virginia.

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