{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5135.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5135.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5135.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5135.html"}],"law_id":75373,"edition_id":1,"section_id":75373,"structure_id":14568,"section_number":"3.2-5135","catch_line":"Authority to seize food and dairy products; analysis; disposition of remainder","history":"Code 1950, \u00a7\u00a7 3-329 to 3-331; 1966, c. 702, \u00a7\u00a7 3.1-408 to 3.1-410; 1978, c. 702; 2008, c. 860; 2015, c. 91.","full_text":"A\n\nThe Commissioner is authorized at all times to seize and take possession of any and all food and dairy products, substitutes, or imitations kept for sale, exposed for sale, or held in possession or under the control of any person that in the opinion of the Commissioner are believed to be in violation of any provision of law.B\n\nWhen the Commissioner seizes any goods pursuant to subsection A, he may take a sample from the goods for the purpose of analysis and shall leave the remainder in the possession of the person from whom they were seized, subject to the determined disposition.C\n\nAny person making a seizure under this section shall forward any sample taken pursuant to subsection B that in the determination of the Commissioner requires laboratory analysis to the Division of Consolidated Laboratory Services of the Department of General Services (the Division). The Division shall turn over the sample to a qualified analyst who shall analyze the sample and certify the results of the analysis. Where the qualified analyst is an employee of the Division, the analyst’s certificate shall be prima facie evidence of the facts certified to in any appropriate court where the sample may be offered in evidence.","order_by":null,"text":{"0":{"id":270539,"text":"The Commissioner is authorized at all times to seize and take possession of any and all food and dairy products, substitutes, or imitations kept for sale, exposed for sale, or held in possession or under the control of any person that in the opinion of the Commissioner are believed to be in violation of any provision of law.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":270540,"text":"When the Commissioner seizes any goods pursuant to subsection A, he may take a sample from the goods for the purpose of analysis and shall leave the remainder in the possession of the person from whom they were seized, subject to the determined disposition.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":270541,"text":"Any person making a seizure under this section shall forward any sample taken pursuant to subsection B that in the determination of the Commissioner requires laboratory analysis to the Division of Consolidated Laboratory Services of the Department of General Services (the Division). The Division shall turn over the sample to a qualified analyst who shall analyze the sample and certify the results of the analysis. Where the qualified analyst is an employee of the Division, the analyst’s certificate shall be prima facie evidence of the facts certified to in any appropriate court where the sample may be offered in evidence.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14568,"edition_id":1,"name":"Seizures, Prosecutions, Penalties, and Enforcement","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":14561,"metadata":{},"date_created":"2026-06-26 03:48:41","date_modified":"2026-06-26 03:48:41","permalink":{"id":197255,"object_type":"structure","relational_id":14568,"identifier":"4","token":"3.2\/IV\/51\/4","url":"\/3.2\/IV\/51\/4\/","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":58815,"structure_id":14568,"section_number":"3.2-5129","catch_line":"Definition of term \"food.\"","url":"\/3.2-5129\/","token":"3.2\/IV\/51\/4\/3.2-5129","metadata":false},{"id":59766,"structure_id":14568,"section_number":"3.2-5130","catch_line":"Inspections required to operate food establishment","url":"\/3.2-5130\/","token":"3.2\/IV\/51\/4\/3.2-5130","metadata":false},{"id":75024,"structure_id":14568,"section_number":"3.2-5131","catch_line":"Right to enter and take samples","url":"\/3.2-5131\/","token":"3.2\/IV\/51\/4\/3.2-5131","metadata":false},{"id":76586,"structure_id":14568,"section_number":"3.2-5132","catch_line":"Notice and warning to place premises in sanitary condition","url":"\/3.2-5132\/","token":"3.2\/IV\/51\/4\/3.2-5132","metadata":false},{"id":64659,"structure_id":14568,"section_number":"3.2-5133","catch_line":"Failure to obey such notice and warning a misdemeanor","url":"\/3.2-5133\/","token":"3.2\/IV\/51\/4\/3.2-5133","metadata":false},{"id":82806,"structure_id":14568,"section_number":"3.2-5134","catch_line":"Condemnation of unsafe food by Commissioner","url":"\/3.2-5134\/","token":"3.2\/IV\/51\/4\/3.2-5134","metadata":false},{"id":75373,"structure_id":14568,"section_number":"3.2-5135","catch_line":"Authority to seize food and dairy products; analysis; disposition of remainder","url":"\/3.2-5135\/","token":"3.2\/IV\/51\/4\/3.2-5135","metadata":false},{"id":72080,"structure_id":14568,"section_number":"3.2-5136","catch_line":"Purchase of samples for analysis","url":"\/3.2-5136\/","token":"3.2\/IV\/51\/4\/3.2-5136","metadata":false},{"id":56211,"structure_id":14568,"section_number":"3.2-5137","catch_line":"Proceeding for forfeiture","url":"\/3.2-5137\/","token":"3.2\/IV\/51\/4\/3.2-5137","metadata":false},{"id":76257,"structure_id":14568,"section_number":"3.2-5138","catch_line":"Judgment as to goods seized; procedure before an appropriate court; appeal","url":"\/3.2-5138\/","token":"3.2\/IV\/51\/4\/3.2-5138","metadata":false},{"id":84491,"structure_id":14568,"section_number":"3.2-5139","catch_line":"Disposition of proceeds from sale of such goods","url":"\/3.2-5139\/","token":"3.2\/IV\/51\/4\/3.2-5139","metadata":false},{"id":59638,"structure_id":14568,"section_number":"3.2-5140","catch_line":"Attorney for the Commonwealth to render legal assistance","url":"\/3.2-5140\/","token":"3.2\/IV\/51\/4\/3.2-5140","metadata":false},{"id":75162,"structure_id":14568,"section_number":"3.2-5141","catch_line":"General duty of attorneys for the Commonwealth; compensation","url":"\/3.2-5141\/","token":"3.2\/IV\/51\/4\/3.2-5141","metadata":false},{"id":81702,"structure_id":14568,"section_number":"3.2-5142","catch_line":"Punishment for hindering Commissioner","url":"\/3.2-5142\/","token":"3.2\/IV\/51\/4\/3.2-5142","metadata":false},{"id":56040,"structure_id":14568,"section_number":"3.2-5143","catch_line":"Enforcement against companies","url":"\/3.2-5143\/","token":"3.2\/IV\/51\/4\/3.2-5143","metadata":false},{"id":72613,"structure_id":14568,"section_number":"3.2-5144","catch_line":"Exemption from civil and criminal liability in certain cases","url":"\/3.2-5144\/","token":"3.2\/IV\/51\/4\/3.2-5144","metadata":false},{"id":76620,"structure_id":14568,"section_number":"3.2-5145","catch_line":"Punishment for failure to comply with requirements of certain chapters","url":"\/3.2-5145\/","token":"3.2\/IV\/51\/4\/3.2-5145","metadata":false}],"previous_section":{"id":82806,"structure_id":14568,"section_number":"3.2-5134","catch_line":"Condemnation of unsafe food by Commissioner","url":"\/3.2-5134\/","token":"3.2\/IV\/51\/4\/3.2-5134","metadata":false},"next_section":{"id":72080,"structure_id":14568,"section_number":"3.2-5136","catch_line":"Purchase of samples for analysis","url":"\/3.2-5136\/","token":"3.2\/IV\/51\/4\/3.2-5136","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5135\/","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 1966, chapter 702; in 1978, chapter 702; in 2008, chapter 860<\/a>; in 2015, chapter 91<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":197281,"object_type":"law","relational_id":75373,"identifier":"3.2-5135","token":"3.2\/IV\/51\/4\/3.2-5135","url":"\/3.2-5135\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5135\/","token":"3.2\/IV\/51\/4\/3.2-5135","dublin_core":{"Title":"Authority to seize food and dairy products; analysis; disposition of remainder","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5135","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> is authorized at all times to seize and take possession<\/span> of any and all food and dairy products, substitutes, or imitations kept for sale, exposed for sale, or held in possession<\/span> or under the control of any person that in the opinion<\/span> of the Commissioner<\/span> are believed to be in violation of any provision of law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When the Commissioner<\/span> seizes any goods pursuant to subsection A, he may take a sample from the goods for the purpose of analysis and shall leave the remainder in the possession<\/span> of the person from whom they were seized, subject to the determined disposition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person making a seizure under this section shall forward any sample taken pursuant to subsection B that in the determination of the Commissioner<\/span> requires laboratory analysis to the Division of Consolidated Laboratory Services of the Department<\/span> of General Services (the Division). The Division shall turn over the sample to a qualified analyst who shall analyze the sample and certify the results of the analysis. Where the qualified analyst is an employee of the Division, the analyst’s certificate shall be prima facie evidence<\/span> of the facts<\/span> certified to in any appropriate court<\/span> where the sample may be offered in evidence<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY TO SEIZE FOOD AND DAIRY PRODUCTS; ANALYSIS; DISPOSITION OF REMAINDER\n(\u00a7 3.2-5135)\n\nA. The Commissioner is authorized at all times to seize and take possession of\nany and all food and dairy products, substitutes, or imitations kept for sale,\nexposed for sale, or held in possession or under the control of any person that\nin the opinion of the Commissioner are believed to be in violation of any\nprovision of law.\n\nB. When the Commissioner seizes any goods pursuant to subsection A, he may take\na sample from the goods for the purpose of analysis and shall leave the\nremainder in the possession of the person from whom they were seized, subject to\nthe determined disposition.\n\nC. Any person making a seizure under this section shall forward any sample taken\npursuant to subsection B that in the determination of the Commissioner requires\nlaboratory analysis to the Division of Consolidated Laboratory Services of the\nDepartment of General Services (the Division). The Division shall turn over the\nsample to a qualified analyst who shall analyze the sample and certify the\nresults of the analysis. Where the qualified analyst is an employee of the\nDivision, the analyst’s certificate shall be prima facie evidence of the\nfacts certified to in any appropriate court where the sample may be offered in\nevidence.\n\nHISTORY: Code 1950, \u00a7\u00a7 3-329 to 3-331; 1966, c. 702, \u00a7\u00a7 3.1-408 to 3.1-410;\n1978, c. 702; 2008, c. 860; 2015, c. 91.","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}}