{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5136.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5136.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5136.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5136.html"}],"law_id":72080,"edition_id":1,"section_id":72080,"structure_id":14568,"section_number":"3.2-5136","catch_line":"Purchase of samples for analysis","history":"Code 1950, \u00a7 3-338; 1966, c. 702, \u00a7 3.1-417; 2008, c. 860.","full_text":"Any person who exposes or offers for sale or delivers to a purchaser any food shall furnish within business hours and upon tender and full payment of the selling price, a sample of such food, to the Commissioner, and who shall apply to such manufacturer or vendor or person delivering such food to a purchaser for a sample in sufficient quantity for the analysis of the article in his possession. Samples may be purchased on the open market and shall be representative samples; the collector shall also note the name of the vendor and agent through whom the sale was actually made, together with date of purchase, and all samples not taken in unbroken and sealed original packages shall be sealed by the collector in the presence of the vendor with a seal provided for the purpose.\n\t\tWhen possible, samples shall be unbroken and sealed original packages, or taken out of unbroken and sealed original packages. Three like samples shall be obtained where the article is in the original package, or if not in the original package the sample obtained shall be divided into three equal parts and each part shall be labeled with the marks, brands, or tags upon the package, carton, container, wrapper, or accompanying printed or written matter. One sample shall be delivered to the party from whom purchased, or to the party guaranteeing such merchandise; two samples shall be sent to the Commissioner, one of which is to be analyzed, as provided in this chapter, and the other shall be held under seal by the Commissioner.","order_by":null,"text":{"0":{"id":259723,"text":"Any person who exposes or offers for sale or delivers to a purchaser any food shall furnish within business hours and upon tender and full payment of the selling price, a sample of such food, to the Commissioner, and who shall apply to such manufacturer or vendor or person delivering such food to a purchaser for a sample in sufficient quantity for the analysis of the article in his possession. Samples may be purchased on the open market and shall be representative samples; the collector shall also note the name of the vendor and agent through whom the sale was actually made, together with date of purchase, and all samples not taken in unbroken and sealed original packages shall be sealed by the collector in the presence of the vendor with a seal provided for the purpose.\n\t\tWhen possible, samples shall be unbroken and sealed original packages, or taken out of unbroken and sealed original packages. Three like samples shall be obtained where the article is in the original package, or if not in the original package the sample obtained shall be divided into three equal parts and each part shall be labeled with the marks, brands, or tags upon the package, carton, container, wrapper, or accompanying printed or written matter. One sample shall be delivered to the party from whom purchased, or to the party guaranteeing such merchandise; two samples shall be sent to the Commissioner, one of which is to be analyzed, as provided in this chapter, and the other shall be held under seal by the Commissioner.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5136\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 2008, chapter 860<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":197285,"object_type":"law","relational_id":72080,"identifier":"3.2-5136","token":"3.2\/IV\/51\/4\/3.2-5136","url":"\/3.2-5136\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5136\/","token":"3.2\/IV\/51\/4\/3.2-5136","dublin_core":{"Title":"Purchase of samples for analysis","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5136","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any person who exposes or offers for sale or delivers to a purchaser any food shall furnish within business hours and upon tender and full payment of the selling price, a sample of such food, to the Commissioner<\/span>, and who shall apply to such manufacturer or vendor or person delivering such food to a purchaser for a sample in sufficient quantity for the analysis of the article in his possession<\/span>. Samples may be purchased on the open market and shall be representative samples; the collector shall also note the name of the vendor and agent through whom the sale was actually made, together with date of purchase, and all samples not taken in unbroken and sealed<\/span> original packages shall be sealed<\/span> by the collector in the presence of the vendor with a seal provided for the purpose.\n\t\tWhen possible, samples shall be unbroken and sealed<\/span> original packages, or taken out of unbroken and sealed<\/span> original packages. Three like samples shall be obtained where the article is in the original package, or if not in the original package the sample obtained shall be divided into three equal parts and each part shall be labeled with the marks, brands, or tags upon the package, carton, container, wrapper, or accompanying printed or written matter. One sample shall be delivered to the party<\/span> from whom purchased, or to the party<\/span> guaranteeing such merchandise; two samples shall be sent to the Commissioner<\/span>, one of which is to be analyzed, as provided in this chapter, and the other shall be held under seal by the Commissioner<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPURCHASE OF SAMPLES FOR ANALYSIS (\u00a7 3.2-5136)\n\nAny person who exposes or offers for sale or delivers to a purchaser any food\nshall furnish within business hours and upon tender and full payment of the\nselling price, a sample of such food, to the Commissioner, and who shall apply\nto such manufacturer or vendor or person delivering such food to a purchaser for\na sample in sufficient quantity for the analysis of the article in his\npossession. Samples may be purchased on the open market and shall be\nrepresentative samples; the collector shall also note the name of the vendor and\nagent through whom the sale was actually made, together with date of purchase,\nand all samples not taken in unbroken and sealed original packages shall be\nsealed by the collector in the presence of the vendor with a seal provided for\nthe purpose.\n\t\tWhen possible, samples shall be unbroken and sealed original packages, or\ntaken out of unbroken and sealed original packages. Three like samples shall be\nobtained where the article is in the original package, or if not in the original\npackage the sample obtained shall be divided into three equal parts and each\npart shall be labeled with the marks, brands, or tags upon the package, carton,\ncontainer, wrapper, or accompanying printed or written matter. One sample shall\nbe delivered to the party from whom purchased, or to the party guaranteeing such\nmerchandise; two samples shall be sent to the Commissioner, one of which is to\nbe analyzed, as provided in this chapter, and the other shall be held under seal\nby the Commissioner.\n\nHISTORY: Code 1950, \u00a7 3-338; 1966, c. 702, \u00a7 3.1-417; 2008, c. 860.","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}}