{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5122.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5122.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5122.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5122.html"}],"law_id":69705,"edition_id":1,"section_id":69705,"structure_id":14562,"section_number":"3.2-5122","catch_line":"Adulterated food","history":"Code 1950, \u00a7 3-315; 1966, c. 702, \u00a7 3.1-395; 1988, c. 110; 2008, c. 860.","full_text":"A food shall be deemed to be adulterated if:\n\n1\n\nIt bears or contains any poisonous or deleterious substance that may render it injurious to health; but if the substance is not an added substance the food shall not be considered adulterated under this subdivision if the quantity of the substance in the food does not ordinarily render it injurious to health;2\n\nIt bears or contains any added poisonous or added deleterious substance that is unsafe within the meaning of &#xA7; 3.2-5125;3\n\nIt consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food;4\n\nIt has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health;5\n\nIt is the product of a diseased animal, an animal that has died otherwise than by slaughter, or an animal that has been fed upon the uncooked offal from a slaughterhouse;6\n\nIts container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health;7\n\nAny valuable constituent has been, in whole or in part, omitted or abstracted;8\n\nAny substance has been substituted in whole or in part for a valuable constituent;9\n\nDamage or inferiority has been concealed in any manner;10\n\nAny substance has been added or mixed or packed with the food so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is;11\n\nIt is confectionery and it bears or contains any alcohol or nonnutritive article or substance, except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent, harmless natural gum, and pectin. In addition, any confectionery that: (i) contains five percent or less by volume of alcohol or; (ii) any chewing gum that contains harmless nonnutritive masticatory substances, shall not be deemed adulterated; or12\n\nIt bears or contains a coal-tar color other than one from a batch that has been certified by the U.S. Department of Health and Human Services.","order_by":null,"text":{"0":{"id":251991,"text":"A food shall be deemed to be adulterated if:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":251992,"text":"It bears or contains any poisonous or deleterious substance that may render it injurious to health; but if the substance is not an added substance the food shall not be considered adulterated under this subdivision if the quantity of the substance in the food does not ordinarily render it injurious to health;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":251993,"text":"It bears or contains any added poisonous or added deleterious substance that is unsafe within the meaning of &#xA7; 3.2-5125;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":251994,"text":"It consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":251995,"text":"It has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":251996,"text":"It is the product of a diseased animal, an animal that has died otherwise than by slaughter, or an animal that has been fed upon the uncooked offal from a slaughterhouse;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":251997,"text":"Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":251998,"text":"Any valuable constituent has been, in whole or in part, omitted or abstracted;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":251999,"text":"Any substance has been substituted in whole or in part for a valuable constituent;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":252000,"text":"Damage or inferiority has been concealed in any manner;","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":252001,"text":"Any substance has been added or mixed or packed with the food so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is;","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":252002,"text":"It is confectionery and it bears or contains any alcohol or nonnutritive article or substance, except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent, harmless natural gum, and pectin. In addition, any confectionery that: (i) contains five percent or less by volume of alcohol or; (ii) any chewing gum that contains harmless nonnutritive masticatory substances, shall not be deemed adulterated; or","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":252003,"text":"It bears or contains a coal-tar color other than one from a batch that has been certified by the U.S. Department of Health and Human Services.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11"}},"ancestry":[{"id":14562,"edition_id":1,"name":"Adulteration, Misbranding, and False Advertising","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":14561,"metadata":{},"date_created":"2026-06-26 03:48:40","date_modified":"2026-06-26 03:48:40","permalink":{"id":197213,"object_type":"structure","relational_id":14562,"identifier":"3","token":"3.2\/IV\/51\/3","url":"\/3.2\/IV\/51\/3\/","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":59931,"structure_id":14562,"section_number":"3.2-5120","catch_line":"Definitions","url":"\/3.2-5120\/","token":"3.2\/IV\/51\/3\/3.2-5120","metadata":false},{"id":66879,"structure_id":14562,"section_number":"3.2-5121","catch_line":"Authority to adopt regulations; conformity with federal regulations; hearings; enforcement of article; review of regulations","url":"\/3.2-5121\/","token":"3.2\/IV\/51\/3\/3.2-5121","metadata":false},{"id":69705,"structure_id":14562,"section_number":"3.2-5122","catch_line":"Adulterated food","url":"\/3.2-5122\/","token":"3.2\/IV\/51\/3\/3.2-5122","metadata":false},{"id":56033,"structure_id":14562,"section_number":"3.2-5123","catch_line":"Misbranded food","url":"\/3.2-5123\/","token":"3.2\/IV\/51\/3\/3.2-5123","metadata":false},{"id":80698,"structure_id":14562,"section_number":"3.2-5124","catch_line":"Labeling as kosher and halal; penalty","url":"\/3.2-5124\/","token":"3.2\/IV\/51\/3\/3.2-5124","metadata":false},{"id":60144,"structure_id":14562,"section_number":"3.2-5125","catch_line":"Poisonous or deleterious substance added to food","url":"\/3.2-5125\/","token":"3.2\/IV\/51\/3\/3.2-5125","metadata":false},{"id":77423,"structure_id":14562,"section_number":"3.2-5125.1","catch_line":"(Effective January 1, 2026) Baby Food Protection Act; testing and labeling requirements for toxic heavy metals","url":"\/3.2-5125.1\/","token":"3.2\/IV\/51\/3\/3.2-5125.1","metadata":false},{"id":81553,"structure_id":14562,"section_number":"3.2-5126","catch_line":"Prohibited acts; exceptions; Commissioner may seek injunction; penalties","url":"\/3.2-5126\/","token":"3.2\/IV\/51\/3\/3.2-5126","metadata":false},{"id":62929,"structure_id":14562,"section_number":"3.2-5127","catch_line":"Removal of certain labels from meat packaging prohibited; penalty","url":"\/3.2-5127\/","token":"3.2\/IV\/51\/3\/3.2-5127","metadata":false},{"id":58591,"structure_id":14562,"section_number":"3.2-5128","catch_line":"Duty of attorney for the Commonwealth when violation reported; Commissioner to give notice","url":"\/3.2-5128\/","token":"3.2\/IV\/51\/3\/3.2-5128","metadata":false}],"previous_section":{"id":66879,"structure_id":14562,"section_number":"3.2-5121","catch_line":"Authority to adopt regulations; conformity with federal regulations; hearings; enforcement of article; review of regulations","url":"\/3.2-5121\/","token":"3.2\/IV\/51\/3\/3.2-5121","metadata":false},"next_section":{"id":56033,"structure_id":14562,"section_number":"3.2-5123","catch_line":"Misbranded food","url":"\/3.2-5123\/","token":"3.2\/IV\/51\/3\/3.2-5123","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5122\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 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 1988, chapter 110; in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0860\">860<\/a>.<\/p>","references":[{"id":87058,"section_number":"3.2-5100","catch_line":"Duties of Commissioner","order_by":null,"url":"\/3.2-5100\/"},{"id":60144,"section_number":"3.2-5125","catch_line":"Poisonous or deleterious substance added to food","order_by":null,"url":"\/3.2-5125\/"}],"refers_to":[{"id":60144,"section_number":"3.2-5125","catch_line":"Poisonous or deleterious substance added to food","order_by":null,"url":"\/3.2-5125\/"}],"permalink":{"id":197223,"object_type":"law","relational_id":69705,"identifier":"3.2-5122","token":"3.2\/IV\/51\/3\/3.2-5122","url":"\/3.2-5122\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5122\/","token":"3.2\/IV\/51\/3\/3.2-5122","dublin_core":{"Title":"Adulterated food","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5122","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>A <span class=\"dictionary\">food<\/span> shall be deemed to be adulterated if:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> It bears or contains any poisonous or deleterious substance that may render it injurious to health; but if the substance is not an added substance the <span class=\"dictionary\">food<\/span> shall not be considered adulterated under this subdivision if the quantity of the substance in the <span class=\"dictionary\">food<\/span> does not ordinarily render it injurious to health; <a id=\"paragraph-251992\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-5122\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> It bears or contains any added poisonous or added deleterious substance that is unsafe within the meaning of &#xA7; <a class=\"law\" title=\"Poisonous or deleterious substance added to food\" href=\"\/3.2-5125\/\">3.2-5125<\/a>; <a id=\"paragraph-251993\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-5122\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> It consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for <span class=\"dictionary\">food<\/span>; <a id=\"paragraph-251994\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-5122\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> It has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health; <a id=\"paragraph-251995\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-5122\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"5\"><p><span class=\"prefix-number\">5.<\/span> It is the product of a diseased animal, an animal that has died otherwise than by slaughter, or an animal that has been fed upon the uncooked offal from a slaughterhouse; <a id=\"paragraph-251996\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-5122\/#5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"6\"><p><span class=\"prefix-number\">6.<\/span> Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; <a id=\"paragraph-251997\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-5122\/#6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"7\"><p><span class=\"prefix-number\">7.<\/span> Any valuable constituent has been, in whole or in part, omitted or abstracted; <a id=\"paragraph-251998\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-5122\/#7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"8\"><p><span class=\"prefix-number\">8.<\/span> Any substance has been substituted in whole or in part for a valuable constituent; <a id=\"paragraph-251999\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-5122\/#8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"9\"><p><span class=\"prefix-number\">9.<\/span> Damage or inferiority has been concealed in any manner; <a id=\"paragraph-252000\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-5122\/#9\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"10\"><p><span class=\"prefix-number\">10.<\/span> Any substance has been added or mixed or packed with the <span class=\"dictionary\">food<\/span> so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is; <a id=\"paragraph-252001\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-5122\/#10\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"11\"><p><span class=\"prefix-number\">11.<\/span> It is confectionery and it bears or contains any alcohol or nonnutritive article or substance, except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent, harmless natural gum, and pectin. In addition, any confectionery that: (i) contains five percent or less by volume of alcohol or; (ii) any chewing gum that contains harmless nonnutritive masticatory substances, shall not be deemed adulterated; or <a id=\"paragraph-252002\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-5122\/#11\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"12\"><p><span class=\"prefix-number\">12.<\/span> It bears or contains a coal-tar color other than one from a batch that has been certified by the U.S. <span class=\"dictionary\">Department<\/span> of Health and Human Services. <a id=\"paragraph-252003\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-5122\/#12\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nADULTERATED FOOD (\u00a7 3.2-5122)\n\nA food shall be deemed to be adulterated if:\n\n1. It bears or contains any poisonous or deleterious substance that may render\nit injurious to health; but if the substance is not an added substance the food\nshall not be considered adulterated under this subdivision if the quantity of\nthe substance in the food does not ordinarily render it injurious to health;\n\n2. It bears or contains any added poisonous or added deleterious substance that\nis unsafe within the meaning of &#xA7; 3.2-5125;\n\n3. It consists in whole or in part of a diseased, contaminated, filthy, putrid,\nor decomposed substance, or if it is otherwise unfit for food;\n\n4. It has been produced, prepared, packed, or held under unsanitary conditions\nwhereby it may have become contaminated with filth, or whereby it may have been\nrendered diseased, unwholesome, or injurious to health;\n\n5. It is the product of a diseased animal, an animal that has died otherwise\nthan by slaughter, or an animal that has been fed upon the uncooked offal from a\nslaughterhouse;\n\n6. Its container is composed, in whole or in part, of any poisonous or\ndeleterious substance that may render the contents injurious to health;\n\n7. Any valuable constituent has been, in whole or in part, omitted or\nabstracted;\n\n8. Any substance has been substituted in whole or in part for a valuable\nconstituent;\n\n9. Damage or inferiority has been concealed in any manner;\n\n10. Any substance has been added or mixed or packed with the food so as to\nincrease its bulk or weight, or reduce its quality or strength, or make it\nappear better or of greater value than it is;\n\n11. It is confectionery and it bears or contains any alcohol or nonnutritive\narticle or substance, except harmless coloring, harmless flavoring, harmless\nresinous glaze not in excess of four-tenths of one percent, harmless natural\ngum, and pectin. In addition, any confectionery that: (i) contains five percent\nor less by volume of alcohol or; (ii) any chewing gum that contains harmless\nnonnutritive masticatory substances, shall not be deemed adulterated; or\n\n12. It bears or contains a coal-tar color other than one from a batch that has\nbeen certified by the U.S. Department of Health and Human Services.\n\nHISTORY: Code 1950, \u00a7 3-315; 1966, c. 702, \u00a7 3.1-395; 1988, c. 110; 2008, c.\n860.","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}}