{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5101.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5101.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5101.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5101.html"}],"law_id":85252,"edition_id":1,"section_id":85252,"structure_id":14786,"section_number":"3.2-5101","catch_line":"Board authorized to adopt regulations; exception","history":"Code 1950, \u00a7 3-314; 1966, c. 702, \u00a7 3.1-394; 1996, c. 728; 2002, c. 218; 2008, c. 860; 2022, c. 204.","full_text":"A\n\nWhenever in the judgment of the Commissioner action will promote honesty and fair dealing in the interest of consumers, the Board shall adopt regulations fixing and establishing for any food or class of food: labeling requirements; a reasonable definition and standard of identity; and a reasonable standard of quality and fill of container, or tolerances or limits of variability. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the Board shall, for the purpose of promoting honesty and fair dealing in the interest of the consumers, designate the optional ingredients that shall be named on the label. The definitions and standards so adopted may conform so far as practicable to the definitions and standards promulgated by the Secretary of Health and Human Services under authority conferred by § 401 of the federal act.B\n\nThe Board may adopt regulations for the efficient administration of subsection C of § 3.2-5100 in accordance with the Administrative Process Act (§ 2.2-4000 et seq.).C\n\nAny regulations adopted pertaining to this section shall not apply to nonprofit organizations holding one-day food sales. The Commissioner may disseminate to nonprofit organizations educational materials related to the safe preparation of food for human consumption.","order_by":null,"text":{"0":{"id":305520,"text":"Whenever in the judgment of the Commissioner action will promote honesty and fair dealing in the interest of consumers, the Board shall adopt regulations fixing and establishing for any food or class of food: labeling requirements; a reasonable definition and standard of identity; and a reasonable standard of quality and fill of container, or tolerances or limits of variability. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the Board shall, for the purpose of promoting honesty and fair dealing in the interest of the consumers, designate the optional ingredients that shall be named on the label. The definitions and standards so adopted may conform so far as practicable to the definitions and standards promulgated by the Secretary of Health and Human Services under authority conferred by § 401 of the federal act.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":305521,"text":"The Board may adopt regulations for the efficient administration of subsection C of § 3.2-5100 in accordance with the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":305522,"text":"Any regulations adopted pertaining to this section shall not apply to nonprofit organizations holding one-day food sales. The Commissioner may disseminate to nonprofit organizations educational materials related to the safe preparation of food for human consumption.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5101\/","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 1996, chapter 728<\/a>; in 2002, chapter 218<\/a>; in 2008, chapter 860<\/a>; in 2022, chapter 204<\/a>.<\/p>","references":[{"id":56033,"section_number":"3.2-5123","catch_line":"Misbranded food","order_by":null,"url":"\/3.2-5123\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":87058,"section_number":"3.2-5100","catch_line":"Duties of Commissioner","order_by":null,"url":"\/3.2-5100\/"}],"permalink":{"id":197135,"object_type":"law","relational_id":85252,"identifier":"3.2-5101","token":"3.2\/IV\/51\/1\/3.2-5101","url":"\/3.2-5101\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5101\/","token":"3.2\/IV\/51\/1\/3.2-5101","dublin_core":{"Title":"Board authorized to adopt regulations; exception","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5101","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever in the judgment<\/span> of the Commissioner<\/span> action will promote honesty and fair dealing in the interest of consumers, the Board<\/span> shall adopt regulations fixing and establishing for any food or class of food: labeling requirements; a reasonable definition and standard of identity; and a reasonable standard of quality and fill of container, or tolerances or limits of variability. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the Board<\/span> shall, for the purpose of promoting honesty and fair dealing in the interest of the consumers, designate the optional ingredients that shall be named on the label. The definitions and standards so adopted may conform so far as practicable to the definitions and standards promulgated by the Secretary of Health and Human Services under authority conferred by § 401 of the federal act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> may adopt regulations for the efficient administration of subsection C of § 3.2-5100<\/a> in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any regulations adopted pertaining to this section shall not apply to nonprofit organizations holding one-day food sales. The Commissioner<\/span> may disseminate to nonprofit organizations educational materials<\/span> related to the safe preparation of food for human consumption. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBOARD AUTHORIZED TO ADOPT REGULATIONS; EXCEPTION (\u00a7 3.2-5101)\n\nA. Whenever in the judgment of the Commissioner action will promote honesty and\nfair dealing in the interest of consumers, the Board shall adopt regulations\nfixing and establishing for any food or class of food: labeling requirements; a\nreasonable definition and standard of identity; and a reasonable standard of\nquality and fill of container, or tolerances or limits of variability. In\nprescribing a definition and standard of identity for any food or class of food\nin which optional ingredients are permitted, the Board shall, for the purpose of\npromoting honesty and fair dealing in the interest of the consumers, designate\nthe optional ingredients that shall be named on the label. The definitions and\nstandards so adopted may conform so far as practicable to the definitions and\nstandards promulgated by the Secretary of Health and Human Services under\nauthority conferred by § 401 of the federal act.\n\nB. The Board may adopt regulations for the efficient administration of\nsubsection C of § 3.2-5100 in accordance with the Administrative Process\nAct (§ 2.2-4000 et seq.).\n\nC. Any regulations adopted pertaining to this section shall not apply to\nnonprofit organizations holding one-day food sales. The Commissioner may\ndisseminate to nonprofit organizations educational materials related to the safe\npreparation of food for human consumption.\n\nHISTORY: Code 1950, \u00a7 3-314; 1966, c. 702, \u00a7 3.1-394; 1996, c. 728; 2002, c.\n218; 2008, c. 860; 2022, c. 204.","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}}