{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5100.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5100.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5100.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5100.html"}],"law_id":87058,"edition_id":1,"section_id":87058,"structure_id":14786,"section_number":"3.2-5100","catch_line":"Duties of Commissioner","history":"Code 1950, \u00a7\u00a7 3-323 to 3-325; 1966, c. 702, \u00a7\u00a7 3.1-402 to 3.1-404; 1972, c. 741; 2008, c. 860; 2022, cc. 204, 291; 2023, cc. 744, 794.","full_text":"A\n\nThe Commissioner shall inquire into the dairy and food and drink products, and the articles that are food or drinks, or the necessary constituents of the food or drinks, that are manufactured, sold, exposed, or offered for sale in the Commonwealth.B\n\nThe Commissioner may procure samples of the dairy and food products covered by this chapter and may have the samples analyzed.C\n\nThe Commissioner shall issue a permit to any food manufacturer, food storage warehouse, or retail food establishment that, after inspection, is determined to be in compliance with all applicable provisions of this chapter and any regulations adopted thereunder. Any person that intends to manufacture, store, sell, or offer for sale an industrial hemp extract, as defined in § 3.2-5145.1, or food containing an industrial hemp extract (i) shall be subject to such permit requirement and (ii) shall indicate the person’s intent to manufacture, store, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract on its permit application. The Commissioner shall notify any applicant denied a permit of the reason for such denial. Any food manufacturer, food storage warehouse, or retail food establishment issued a permit pursuant to this subsection shall be exempt from any other license, permit, or inspection required for the sale, preparation, or handling of food unless such food manufacturer, food storage warehouse, or retail food establishment is operating as (a) a restaurant as defined in Title 35.1, as jointly determined by the State Health Commissioner and the Commissioner; (b) a plant that processes and distributes Grade A milk as referenced in this title, as determined by the State Health Commissioner; or (c) a shellfish establishment as defined in Title 28.2, as determined by the State Health Commissioner.D\n\nThe Commissioner shall make a complaint against the manufacturer or vendor of any food or drink or dairy products that are adulterated, impure, or unwholesome, in contravention of the laws of the Commonwealth, and furnish all evidence to obtain a conviction of the offense charged. The Commissioner may make complaint and cause proceedings to be commenced against any person for enforcement of the laws relative to adulteration, impure, or unwholesome food or drink, and in such cases he shall not be obliged to furnish security for costs.E\n\nThe Commissioner may develop criteria to determine if food manufacturers that are operating in a building deemed, in consultation with the Director of the Department of Historic Resources, to be historic are producing food products that are low risk of being adulterated. If, pursuant to such criteria, any such manufacturer is producing food products that are deemed to be low risk, the Commissioner may exempt the food manufacturer from specified provisions of this chapter, or regulations adopted thereunder, that pertain to the structure of the building, provided that the Commissioner determines that such exemption is unlikely to result in the preparation for sale, manufacture, packing, storage, sale, or distribution of any food that is adulterated, as defined in § 3.2-5122.","order_by":null,"text":{"0":{"id":311751,"text":"The Commissioner shall inquire into the dairy and food and drink products, and the articles that are food or drinks, or the necessary constituents of the food or drinks, that are manufactured, sold, exposed, or offered for sale in the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":311752,"text":"The Commissioner may procure samples of the dairy and food products covered by this chapter and may have the samples analyzed.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":311753,"text":"The Commissioner shall issue a permit to any food manufacturer, food storage warehouse, or retail food establishment that, after inspection, is determined to be in compliance with all applicable provisions of this chapter and any regulations adopted thereunder. Any person that intends to manufacture, store, sell, or offer for sale an industrial hemp extract, as defined in § 3.2-5145.1, or food containing an industrial hemp extract (i) shall be subject to such permit requirement and (ii) shall indicate the person’s intent to manufacture, store, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract on its permit application. The Commissioner shall notify any applicant denied a permit of the reason for such denial. Any food manufacturer, food storage warehouse, or retail food establishment issued a permit pursuant to this subsection shall be exempt from any other license, permit, or inspection required for the sale, preparation, or handling of food unless such food manufacturer, food storage warehouse, or retail food establishment is operating as (a) a restaurant as defined in Title 35.1, as jointly determined by the State Health Commissioner and the Commissioner; (b) a plant that processes and distributes Grade A milk as referenced in this title, as determined by the State Health Commissioner; or (c) a shellfish establishment as defined in Title 28.2, as determined by the State Health Commissioner.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":311754,"text":"The Commissioner shall make a complaint against the manufacturer or vendor of any food or drink or dairy products that are adulterated, impure, or unwholesome, in contravention of the laws of the Commonwealth, and furnish all evidence to obtain a conviction of the offense charged. The Commissioner may make complaint and cause proceedings to be commenced against any person for enforcement of the laws relative to adulteration, impure, or unwholesome food or drink, and in such cases he shall not be obliged to furnish security for costs.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":311755,"text":"The Commissioner may develop criteria to determine if food manufacturers that are operating in a building deemed, in consultation with the Director of the Department of Historic Resources, to be historic are producing food products that are low risk of being adulterated. If, pursuant to such criteria, any such manufacturer is producing food products that are deemed to be low risk, the Commissioner may exempt the food manufacturer from specified provisions of this chapter, or regulations adopted thereunder, that pertain to the structure of the building, provided that the Commissioner determines that such exemption is unlikely to result in the preparation for sale, manufacture, packing, storage, sale, or distribution of any food that is adulterated, as defined in § 3.2-5122.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14786,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14561,"metadata":{},"date_created":"2026-06-26 03:49:53","date_modified":"2026-06-26 03:49:53","permalink":{"id":197129,"object_type":"structure","relational_id":14786,"identifier":"1","token":"3.2\/IV\/51\/1","url":"\/3.2\/IV\/51\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14561,"edition_id":1,"name":"Food and Drink","identifier":"51","label":"chapter","depth":3,"order_by":1,"parent_id":12965,"metadata":{},"date_created":"2026-06-26 03:48:40","date_modified":"2026-06-26 03:48:40","permalink":{"id":197127,"object_type":"structure","relational_id":14561,"identifier":"51","token":"3.2\/IV\/51","url":"\/3.2\/IV\/51\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12965,"edition_id":1,"name":"Food and Drink; Weights and Measures","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":197125,"object_type":"structure","relational_id":12965,"identifier":"IV","token":"3.2\/IV","url":"\/3.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87058,"structure_id":14786,"section_number":"3.2-5100","catch_line":"Duties of Commissioner","url":"\/3.2-5100\/","token":"3.2\/IV\/51\/1\/3.2-5100","metadata":false},{"id":85252,"structure_id":14786,"section_number":"3.2-5101","catch_line":"Board authorized to adopt regulations; exception","url":"\/3.2-5101\/","token":"3.2\/IV\/51\/1\/3.2-5101","metadata":false},{"id":64756,"structure_id":14786,"section_number":"3.2-5102","catch_line":"Commissioner to have access to factories, warehouses, and other places; examination of samples","url":"\/3.2-5102\/","token":"3.2\/IV\/51\/1\/3.2-5102","metadata":false},{"id":56573,"structure_id":14786,"section_number":"3.2-5103","catch_line":"Standards of variability permissible to any article of food","url":"\/3.2-5103\/","token":"3.2\/IV\/51\/1\/3.2-5103","metadata":false},{"id":67944,"structure_id":14786,"section_number":"3.2-5104","catch_line":"Chemical work incident to execution of laws","url":"\/3.2-5104\/","token":"3.2\/IV\/51\/1\/3.2-5104","metadata":false}],"next_section":{"id":85252,"structure_id":14786,"section_number":"3.2-5101","catch_line":"Board authorized to adopt regulations; exception","url":"\/3.2-5101\/","token":"3.2\/IV\/51\/1\/3.2-5101","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5100\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1966, chapter 702; in 1972, chapter 741; in 2008, chapter 860<\/a>; in 2022, chapters 204<\/a> and 291<\/a>; in 2023, chapters 744<\/a> and 794<\/a>.<\/p>","references":[{"id":68798,"section_number":"3.2-4122","catch_line":"Regulated hemp product retail facility registration; fee","order_by":null,"url":"\/3.2-4122\/"},{"id":85252,"section_number":"3.2-5101","catch_line":"Board authorized to adopt regulations; exception","order_by":null,"url":"\/3.2-5101\/"},{"id":59766,"section_number":"3.2-5130","catch_line":"Inspections required to operate food establishment","order_by":null,"url":"\/3.2-5130\/"},{"id":57892,"section_number":"3.2-5145.2:1","catch_line":"Sellers or manufacturers of industrial hemp extract; penalties","order_by":null,"url":"\/3.2-5145.2_1\/"}],"refers_to":[{"id":69705,"section_number":"3.2-5122","catch_line":"Adulterated food","order_by":null,"url":"\/3.2-5122\/"},{"id":81195,"section_number":"3.2-5145.1","catch_line":"Definitions","order_by":null,"url":"\/3.2-5145.1\/"}],"permalink":{"id":197131,"object_type":"law","relational_id":87058,"identifier":"3.2-5100","token":"3.2\/IV\/51\/1\/3.2-5100","url":"\/3.2-5100\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5100\/","token":"3.2\/IV\/51\/1\/3.2-5100","dublin_core":{"Title":"Duties of Commissioner","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5100","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> shall inquire into the dairy and food and drink products, and the articles that are food or drinks, or the necessary constituents of the food or drinks, that are manufactured, sold, exposed, or offered for sale in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> may procure samples of the dairy and food products covered by this chapter and may have the samples analyzed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commissioner<\/span> shall issue<\/span> a permit to any food manufacturer, food storage warehouse, or retail food establishment that, after inspection, is determined to be in compliance with all applicable provisions of this chapter and any regulations adopted thereunder. Any person that intends to manufacture, store, sell, or offer for sale an industrial hemp extract, as defined in § 3.2-5145.1<\/a>, or food containing an industrial hemp extract (i) shall be subject to such permit requirement and (ii) shall indicate the person’s intent<\/span> to manufacture, store, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract on its permit application. The Commissioner<\/span> shall notify any applicant denied a permit of the reason for such denial. Any food manufacturer, food storage warehouse, or retail food establishment issued a permit pursuant to this subsection shall be exempt from any other license, permit, or inspection required for the sale, preparation, or handling of food unless such food manufacturer, food storage warehouse, or retail food establishment is operating as (a) a restaurant as defined in Title 35.1, as jointly determined by the State Health Commissioner<\/span> and the Commissioner<\/span>; (b) a plant that processes and distributes Grade A milk as referenced in this title, as determined by the State Health Commissioner<\/span>; or (c) a shellfish establishment as defined in Title 28.2, as determined by the State Health Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commissioner<\/span> shall make a complaint against the manufacturer or vendor of any food or drink or dairy products that are adulterated, impure, or unwholesome, in contravention of the laws<\/span> of the Commonwealth, and furnish all evidence<\/span> to obtain a conviction<\/span> of the offense<\/span> charged. The Commissioner<\/span> may make complaint and cause proceedings to be commenced against any person for enforcement of the laws<\/span> relative to adulteration, impure, or unwholesome food or drink, and in such cases he shall not be obliged to furnish security for costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Commissioner<\/span> may develop criteria to determine if food manufacturers that are operating in a building deemed, in consultation with the Director of the Department<\/span> of Historic Resources, to be historic are producing food products that are low risk of being adulterated. If, pursuant to such criteria, any such manufacturer is producing food products that are deemed to be low risk, the Commissioner<\/span> may exempt the food manufacturer from specified provisions of this chapter, or regulations adopted thereunder, that pertain to the structure of the building, provided that the Commissioner<\/span> determines that such exemption is unlikely to result in the preparation for sale, manufacture, packing, storage, sale, or distribution of any food that is adulterated, as defined in § 3.2-5122<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTIES OF COMMISSIONER (\u00a7 3.2-5100)\n\nA. The Commissioner shall inquire into the dairy and food and drink products,\nand the articles that are food or drinks, or the necessary constituents of the\nfood or drinks, that are manufactured, sold, exposed, or offered for sale in the\nCommonwealth.\n\nB. The Commissioner may procure samples of the dairy and food products covered\nby this chapter and may have the samples analyzed.\n\nC. The Commissioner shall issue a permit to any food manufacturer, food storage\nwarehouse, or retail food establishment that, after inspection, is determined to\nbe in compliance with all applicable provisions of this chapter and any\nregulations adopted thereunder. Any person that intends to manufacture, store,\nsell, or offer for sale an industrial hemp extract, as defined in §\n3.2-5145.1, or food containing an industrial hemp extract (i) shall be subject\nto such permit requirement and (ii) shall indicate the person’s intent to\nmanufacture, store, sell, or offer for sale an industrial hemp extract or food\ncontaining an industrial hemp extract on its permit application. The\nCommissioner shall notify any applicant denied a permit of the reason for such\ndenial. Any food manufacturer, food storage warehouse, or retail food\nestablishment issued a permit pursuant to this subsection shall be exempt from\nany other license, permit, or inspection required for the sale, preparation, or\nhandling of food unless such food manufacturer, food storage warehouse, or\nretail food establishment is operating as (a) a restaurant as defined in Title\n35.1, as jointly determined by the State Health Commissioner and the\nCommissioner; (b) a plant that processes and distributes Grade A milk as\nreferenced in this title, as determined by the State Health Commissioner; or (c)\na shellfish establishment as defined in Title 28.2, as determined by the State\nHealth Commissioner.\n\nD. The Commissioner shall make a complaint against the manufacturer or vendor of\nany food or drink or dairy products that are adulterated, impure, or\nunwholesome, in contravention of the laws of the Commonwealth, and furnish all\nevidence to obtain a conviction of the offense charged. The Commissioner may\nmake complaint and cause proceedings to be commenced against any person for\nenforcement of the laws relative to adulteration, impure, or unwholesome food or\ndrink, and in such cases he shall not be obliged to furnish security for costs.\n\nE. The Commissioner may develop criteria to determine if food manufacturers that\nare operating in a building deemed, in consultation with the Director of the\nDepartment of Historic Resources, to be historic are producing food products\nthat are low risk of being adulterated. If, pursuant to such criteria, any such\nmanufacturer is producing food products that are deemed to be low risk, the\nCommissioner may exempt the food manufacturer from specified provisions of this\nchapter, or regulations adopted thereunder, that pertain to the structure of the\nbuilding, provided that the Commissioner determines that such exemption is\nunlikely to result in the preparation for sale, manufacture, packing, storage,\nsale, or distribution of any food that is adulterated, as defined in §\n3.2-5122.\n\nHISTORY: Code 1950, \u00a7\u00a7 3-323 to 3-325; 1966, c. 702, \u00a7\u00a7 3.1-402 to 3.1-404;\n1972, c. 741; 2008, c. 860; 2022, cc. 204, 291; 2023, cc. 744, 794.","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}}