A. If the Commissioner finds a violation of this article or of any regulation adopted pursuant to this article, he shall notify the custodian of the seed potatoes in writing, designating a time and place for a hearing, and send a copy of the notice to the owner or shipper. Any party notified shall be given an opportunity to be heard under the regulations adopted pursuant to this article. If it appears after proper hearing that any of the provisions of this article have been violated, the Commissioner may certify the facts to the attorney for the Commonwealth in the county or city where the violation occurred and furnish him with a copy of the results of the inspection duly authenticated and under the oath of the inspector.
B. It shall be the duty of each attorney for the Commonwealth with responsibility for the enforcement of this article, and to whom any violation is reported, to commence proceedings in the appropriate court.
Code 1950, § 3-228.11; 1950, p. 1030; 1966, cc. 686, 702, § 3.1-295; 1978, c. 540; 2008, c. 860; § 3.2-4110; 2012, cc. 803, 835.
Structure Code of Virginia
Title 3.2 - Agriculture, Animal Care, and Food
§ 3.2-1801. Potato Board; composition and appointment of members
§ 3.2-1803. Potato Board meetings and quorum
§ 3.2-1804. Powers and duties of the Potato Board
§ 3.2-1806. Management of referenda; Commissioner's duties; notice
§ 3.2-1807. Question to be printed on ballots
§ 3.2-1808. Persons eligible to vote
§ 3.2-1809. Referenda results; action of Governor
§ 3.2-1810. Virginia Potato Fund established
§ 3.2-1811. Collection and disposition of tax by handler; reports
§ 3.2-1812. Collection of delinquent tax; civil action
§ 3.2-1813. Records to be kept by handlers
§ 3.2-1814. Falsification of records; misdemeanor
§ 3.2-1816. Standards required of seed potatoes
§ 3.2-1818. Inspection of potatoes; right of entry; fees; records required
§ 3.2-1819. "Stop sale" order; seizure; condemnation
§ 3.2-1820. Commissioner may permit sale of substandard potatoes and experimental varieties