{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-802.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-802.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-802.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-802.html"}],"law_id":62681,"edition_id":1,"section_id":62681,"structure_id":16014,"section_number":"28.2-802","catch_line":"Powers of officers charged with enforcement; entry to establishment; seizure; destruction","history":"Code 1950, \u00a7 28-166; 1962, c. 406, \u00a7 28.1-183; 1966, c. 684; 1989, c. 2; 1992, c. 836.","full_text":"A\n\nFor the purpose of carrying out the provisions of this chapter, the State Health Commissioner and the Commissioner of Marine Resources or their designees may enter any establishment located in the Commonwealth, where crustacea or shellfish may be found, and if it appears that any provision of this chapter has been violated, may, with or without a warrant, arrest any person who is or has been, or is believed to be or have been, in charge of the crustacea or shellfish and may seize, in the name of the Commonwealth, and take possession of such crustacea or shellfish.B\n\nThe State Health Commissioner and the Commissioner of Marine Resources, or their designees, may seize and take possession of any boat, vessel, barge, car, motor vehicle or other conveyance used in violation of any provision of this chapter. Such boat, vessel, barge, car, motor vehicle or other conveyance may be held only until the accused has been admitted to bail as provided by Chapter 9 (§ 19.2-119 et seq.) of Title 19.2 or has been served with and released on summons.C\n\nWhen any crustacea or shellfish of an accused are seized pursuant to the provisions of this section, they may be destroyed at the discretion of the State Health Commissioner, the Commissioner of Marine Resources or their designees. If the accused is acquitted of the charges, he shall be compensated for their value, based on the average selling price on the day of seizure.","order_by":null,"text":{"0":{"id":228553,"text":"For the purpose of carrying out the provisions of this chapter, the State Health Commissioner and the Commissioner of Marine Resources or their designees may enter any establishment located in the Commonwealth, where crustacea or shellfish may be found, and if it appears that any provision of this chapter has been violated, may, with or without a warrant, arrest any person who is or has been, or is believed to be or have been, in charge of the crustacea or shellfish and may seize, in the name of the Commonwealth, and take possession of such crustacea or shellfish.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":228554,"text":"The State Health Commissioner and the Commissioner of Marine Resources, or their designees, may seize and take possession of any boat, vessel, barge, car, motor vehicle or other conveyance used in violation of any provision of this chapter. Such boat, vessel, barge, car, motor vehicle or other conveyance may be held only until the accused has been admitted to bail as provided by Chapter 9 (§ 19.2-119 et seq.) of Title 19.2 or has been served with and released on summons.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":228555,"text":"When any crustacea or shellfish of an accused are seized pursuant to the provisions of this section, they may be destroyed at the discretion of the State Health Commissioner, the Commissioner of Marine Resources or their designees. If the accused is acquitted of the charges, he shall be compensated for their value, based on the average selling price on the day of seizure.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":16014,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13572,"metadata":{},"date_created":"2026-06-26 04:03:56","date_modified":"2026-06-26 04:03:56","permalink":{"id":191765,"object_type":"structure","relational_id":16014,"identifier":"1","token":"28.2\/II\/8\/1","url":"\/28.2\/II\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13572,"edition_id":1,"name":"Health and Sanitation Provisions","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 03:45:17","date_modified":"2026-06-26 03:45:17","permalink":{"id":191763,"object_type":"structure","relational_id":13572,"identifier":"8","token":"28.2\/II\/8","url":"\/28.2\/II\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12814,"edition_id":1,"name":"Tidal Fisheries","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190673,"object_type":"structure","relational_id":12814,"identifier":"II","token":"28.2\/II","url":"\/28.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12813,"edition_id":1,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190589,"object_type":"structure","relational_id":12813,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75779,"structure_id":16014,"section_number":"28.2-800","catch_line":"Definitions","url":"\/28.2-800\/","token":"28.2\/II\/8\/1\/28.2-800","metadata":false},{"id":81899,"structure_id":16014,"section_number":"28.2-801","catch_line":"Authority to promulgate regulations; enforcement","url":"\/28.2-801\/","token":"28.2\/II\/8\/1\/28.2-801","metadata":false},{"id":62681,"structure_id":16014,"section_number":"28.2-802","catch_line":"Powers of officers charged with enforcement; entry to establishment; seizure; destruction","url":"\/28.2-802\/","token":"28.2\/II\/8\/1\/28.2-802","metadata":false}],"previous_section":{"id":81899,"structure_id":16014,"section_number":"28.2-801","catch_line":"Authority to promulgate regulations; enforcement","url":"\/28.2-801\/","token":"28.2\/II\/8\/1\/28.2-801","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-802\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 406; in 1966, chapter 684; in 1989, chapter 2; in 1992, chapter 836.<\/p>","references":[{"id":77745,"section_number":"28.2-824","catch_line":"Common carriers","order_by":null,"url":"\/28.2-824\/"}],"refers_to":[{"id":61367,"section_number":"19.2-119","catch_line":"Definitions","order_by":null,"url":"\/19.2-119\/"}],"permalink":{"id":191775,"object_type":"law","relational_id":62681,"identifier":"28.2-802","token":"28.2\/II\/8\/1\/28.2-802","url":"\/28.2-802\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-802\/","token":"28.2\/II\/8\/1\/28.2-802","dublin_core":{"Title":"Powers of officers charged with enforcement; entry to establishment; seizure; destruction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-802","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purpose of carrying out the provisions of this chapter, the State Health Commissioner<\/span> and the Commissioner<\/span> of Marine Resources or their designees may enter any establishment<\/span> located in the Commonwealth, where crustacea<\/span> or shellfish<\/span> may be found, and if it appears that any provision of this chapter has been violated, may, with or without a warrant, arrest<\/span> any person who is or has been, or is believed to be or have been, in charge of the crustacea<\/span> or shellfish<\/span> and may seize, in the name of the Commonwealth, and take possession<\/span> of such crustacea<\/span> or shellfish<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The State Health Commissioner<\/span> and the Commissioner<\/span> of Marine Resources, or their designees, may seize and take possession<\/span> of any boat, vessel, barge, car, motor vehicle or other conveyance used in violation of any provision of this chapter. Such boat, vessel, barge, car, motor vehicle or other conveyance may be held only until the accused<\/span> has been admitted to bail<\/span> as provided by Chapter 9 (§ 19.2-119<\/a> et seq.) of Title 19.2 or has been served with and released on summons<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When any crustacea<\/span> or shellfish<\/span> of an accused<\/span> are seized pursuant to the provisions of this section, they may be destroyed at the discretion of the State Health Commissioner<\/span>, the Commissioner<\/span> of Marine Resources or their designees. If the accused<\/span> is acquitted of the charges, he shall be compensated for their value, based on the average selling price on the day of seizure. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS OF OFFICERS CHARGED WITH ENFORCEMENT; ENTRY TO ESTABLISHMENT; SEIZURE;\nDESTRUCTION (\u00a7 28.2-802)\n\nA. For the purpose of carrying out the provisions of this chapter, the State\nHealth Commissioner and the Commissioner of Marine Resources or their designees\nmay enter any establishment located in the Commonwealth, where crustacea or\nshellfish may be found, and if it appears that any provision of this chapter has\nbeen violated, may, with or without a warrant, arrest any person who is or has\nbeen, or is believed to be or have been, in charge of the crustacea or shellfish\nand may seize, in the name of the Commonwealth, and take possession of such\ncrustacea or shellfish.\n\nB. The State Health Commissioner and the Commissioner of Marine Resources, or\ntheir designees, may seize and take possession of any boat, vessel, barge, car,\nmotor vehicle or other conveyance used in violation of any provision of this\nchapter. Such boat, vessel, barge, car, motor vehicle or other conveyance may be\nheld only until the accused has been admitted to bail as provided by Chapter 9\n(§ 19.2-119 et seq.) of Title 19.2 or has been served with and released on\nsummons.\n\nC. When any crustacea or shellfish of an accused are seized pursuant to the\nprovisions of this section, they may be destroyed at the discretion of the State\nHealth Commissioner, the Commissioner of Marine Resources or their designees. If\nthe accused is acquitted of the charges, he shall be compensated for their\nvalue, based on the average selling price on the day of seizure.\n\nHISTORY: Code 1950, \u00a7 28-166; 1962, c. 406, \u00a7 28.1-183; 1966, c. 684; 1989, c.\n2; 1992, c. 836.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}