{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5137.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5137.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5137.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5137.html"}],"law_id":56211,"edition_id":1,"section_id":56211,"structure_id":14568,"section_number":"3.2-5137","catch_line":"Proceeding for forfeiture","history":"Code 1950, \u00a7 3-332; 1966, c. 702, \u00a7 3.1-411; 2005, c. 839; 2008, c. 860.","full_text":"If upon laboratory analysis it appears that the food or dairy products are adulterated, substituted, misbranded, or imitated within the meaning of this chapter, the Commissioner may make complaint before a magistrate, or other officer authorized to issue summons, having jurisdiction where the goods were seized. The magistrate or other officer shall issue his summons to the person from whom the goods were seized, directing him to appear before an appropriate court in such jurisdiction not less than six nor more than 12 days from the date of issuing the summons and show cause why the goods should not be condemned and disposed of. If the person from whom the goods were seized cannot be found, then the summons shall be served upon the person then in possession of the goods. The summons shall be served at least six days before the time of appearance mentioned therein. If the person from whom the goods were seized cannot be found, and no one can be found in possession of the goods, and the defendant shall not appear on the return day, then an appropriate court shall proceed in the cause in the same manner as where a writ of attachment is returned not personally served upon any of the defendants and none of the defendants shall appear upon the return day.","order_by":null,"text":{"0":{"id":205948,"text":"If upon laboratory analysis it appears that the food or dairy products are adulterated, substituted, misbranded, or imitated within the meaning of this chapter, the Commissioner may make complaint before a magistrate, or other officer authorized to issue summons, having jurisdiction where the goods were seized. The magistrate or other officer shall issue his summons to the person from whom the goods were seized, directing him to appear before an appropriate court in such jurisdiction not less than six nor more than 12 days from the date of issuing the summons and show cause why the goods should not be condemned and disposed of. If the person from whom the goods were seized cannot be found, then the summons shall be served upon the person then in possession of the goods. The summons shall be served at least six days before the time of appearance mentioned therein. If the person from whom the goods were seized cannot be found, and no one can be found in possession of the goods, and the defendant shall not appear on the return day, then an appropriate court shall proceed in the cause in the same manner as where a writ of attachment is returned not personally served upon any of the defendants and none of the defendants shall appear upon the return day.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5137\/","history_text":"

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 2005, chapter 839<\/a>; in 2008, chapter 860<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":197289,"object_type":"law","relational_id":56211,"identifier":"3.2-5137","token":"3.2\/IV\/51\/4\/3.2-5137","url":"\/3.2-5137\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5137\/","token":"3.2\/IV\/51\/4\/3.2-5137","dublin_core":{"Title":"Proceeding for forfeiture","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5137","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If upon laboratory analysis it appears that the food or dairy products are adulterated, substituted, misbranded, or imitated within the meaning of this chapter, the Commissioner<\/span> may make complaint before a magistrate<\/span>, or other officer authorized to issue<\/span> summons<\/span>, having jurisdiction<\/span> where the goods were seized. The magistrate<\/span> or other officer shall issue<\/span> his summons<\/span> to the person from whom the goods were seized, directing him to appear before an appropriate court<\/span> in such jurisdiction<\/span> not less than six nor more than 12 days from the date of issuing the summons<\/span> and show cause why the goods should not be condemned and disposed of. If the person from whom the goods were seized cannot be found, then the summons<\/span> shall be served upon the person then in possession<\/span> of the goods. The summons<\/span> shall be served at least six days before the time of appearance<\/span> mentioned therein. If the person from whom the goods were seized cannot be found, and no one can be found in possession<\/span> of the goods, and the defendant<\/span> shall not appear on the return day, then an appropriate court<\/span> shall proceed in the cause in the same manner as where a writ<\/span> of attachment<\/span> is returned not personally served upon any of the defendants<\/span> and none of the defendants<\/span> shall appear upon the return day.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEEDING FOR FORFEITURE (\u00a7 3.2-5137)\n\nIf upon laboratory analysis it appears that the food or dairy products are\nadulterated, substituted, misbranded, or imitated within the meaning of this\nchapter, the Commissioner may make complaint before a magistrate, or other\nofficer authorized to issue summons, having jurisdiction where the goods were\nseized. The magistrate or other officer shall issue his summons to the person\nfrom whom the goods were seized, directing him to appear before an appropriate\ncourt in such jurisdiction not less than six nor more than 12 days from the date\nof issuing the summons and show cause why the goods should not be condemned and\ndisposed of. If the person from whom the goods were seized cannot be found, then\nthe summons shall be served upon the person then in possession of the goods. The\nsummons shall be served at least six days before the time of appearance\nmentioned therein. If the person from whom the goods were seized cannot be\nfound, and no one can be found in possession of the goods, and the defendant\nshall not appear on the return day, then an appropriate court shall proceed in\nthe cause in the same manner as where a writ of attachment is returned not\npersonally served upon any of the defendants and none of the defendants shall\nappear upon the return day.\n\nHISTORY: Code 1950, \u00a7 3-332; 1966, c. 702, \u00a7 3.1-411; 2005, c. 839; 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}}