{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5152.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5152.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5152.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5152.html"}],"law_id":81635,"edition_id":1,"section_id":81635,"structure_id":13188,"section_number":"3.2-5152","catch_line":"(For expiration date, see Editor&#8217;s notes) Proceeding for condemnation or destruction","history":"2017, c. 574.","full_text":"If unable to secure the written agreement to the condemnation or destruction in accordance with subdivision B 1 of \u00a7 3.2-5151, the Commissioner shall make complaint before a magistrate, or other officer authorized to issue summons, having jurisdiction where the covered produce was seized. The magistrate or other officer shall issue his summons to the person from whom the covered produce was 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 covered produce should not be condemned or destroyed. If the person from whom the covered produce was seized cannot be found, then the summons shall be served upon the person then in possession of the covered produce. The summons shall be served at least six days before the time of appearance mentioned therein. If the person from whom the covered produce was seized cannot be found, and no one can be found in possession of the covered produce, and the defendant does 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 appears upon the return day.","order_by":null,"text":{"0":{"id":292394,"text":"If unable to secure the written agreement to the condemnation or destruction in accordance with subdivision B 1 of \u00a7 3.2-5151, the Commissioner shall make complaint before a magistrate, or other officer authorized to issue summons, having jurisdiction where the covered produce was seized. The magistrate or other officer shall issue his summons to the person from whom the covered produce was 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 covered produce should not be condemned or destroyed. If the person from whom the covered produce was seized cannot be found, then the summons shall be served upon the person then in possession of the covered produce. The summons shall be served at least six days before the time of appearance mentioned therein. If the person from whom the covered produce was seized cannot be found, and no one can be found in possession of the covered produce, and the defendant does 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 appears upon the return day.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13188,"edition_id":1,"name":"Produce Safety","identifier":"51.1","label":"chapter","depth":3,"order_by":1,"parent_id":12965,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":197355,"object_type":"structure","relational_id":13188,"identifier":"51.1","token":"3.2\/IV\/51.1","url":"\/3.2\/IV\/51.1\/","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":54203,"structure_id":13188,"section_number":"3.2-5146","catch_line":"(For expiration date, see Editor's notes) Covered produce; exclusion; exemption","url":"\/3.2-5146\/","token":"3.2\/IV\/51.1\/3.2-5146","metadata":false},{"id":60454,"structure_id":13188,"section_number":"3.2-5147","catch_line":"(For expiration date, see Editor's notes) Covered farm; exemption","url":"\/3.2-5147\/","token":"3.2\/IV\/51.1\/3.2-5147","metadata":false},{"id":72130,"structure_id":13188,"section_number":"3.2-5148","catch_line":"(For expiration date, see Editor's notes) Regulations","url":"\/3.2-5148\/","token":"3.2\/IV\/51.1\/3.2-5148","metadata":false},{"id":85363,"structure_id":13188,"section_number":"3.2-5149","catch_line":"(For expiration date, see Editor's notes) Commissioner to have access to certain farms","url":"\/3.2-5149\/","token":"3.2\/IV\/51.1\/3.2-5149","metadata":false},{"id":65195,"structure_id":13188,"section_number":"3.2-5150","catch_line":"(For expiration date, see Editor's notes) Authority to seize covered produce","url":"\/3.2-5150\/","token":"3.2\/IV\/51.1\/3.2-5150","metadata":false},{"id":87264,"structure_id":13188,"section_number":"3.2-5151","catch_line":"(For expiration date, see Editor's notes) Authority to condemn or destroy covered produce","url":"\/3.2-5151\/","token":"3.2\/IV\/51.1\/3.2-5151","metadata":false},{"id":81635,"structure_id":13188,"section_number":"3.2-5152","catch_line":"(For expiration date, see Editor's notes) Proceeding for condemnation or destruction","url":"\/3.2-5152\/","token":"3.2\/IV\/51.1\/3.2-5152","metadata":false},{"id":87013,"structure_id":13188,"section_number":"3.2-5153","catch_line":"(For expiration date, see Editor's notes) Judgment as to covered produce to be condemned or destroyed; procedure before an appropriate court; appeal; proceeds","url":"\/3.2-5153\/","token":"3.2\/IV\/51.1\/3.2-5153","metadata":false},{"id":76146,"structure_id":13188,"section_number":"3.2-5154","catch_line":"(For expiration date, see Editor's notes) Violations","url":"\/3.2-5154\/","token":"3.2\/IV\/51.1\/3.2-5154","metadata":false},{"id":55999,"structure_id":13188,"section_number":"3.2-5155","catch_line":"(For expiration date, see Editor's notes) Impeding Commissioner","url":"\/3.2-5155\/","token":"3.2\/IV\/51.1\/3.2-5155","metadata":false},{"id":83136,"structure_id":13188,"section_number":"3.2-5156","catch_line":"(For expiration date, see Editor's notes) Civil penalty","url":"\/3.2-5156\/","token":"3.2\/IV\/51.1\/3.2-5156","metadata":false}],"previous_section":{"id":87264,"structure_id":13188,"section_number":"3.2-5151","catch_line":"(For expiration date, see Editor's notes) Authority to condemn or destroy covered produce","url":"\/3.2-5151\/","token":"3.2\/IV\/51.1\/3.2-5151","metadata":false},"next_section":{"id":87013,"structure_id":13188,"section_number":"3.2-5153","catch_line":"(For expiration date, see Editor's notes) Judgment as to covered produce to be condemned or destroyed; procedure before an appropriate court; appeal; proceeds","url":"\/3.2-5153\/","token":"3.2\/IV\/51.1\/3.2-5153","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5152\/","history_text":"<p>This law was first created in 2017. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0574\">574<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":87264,"section_number":"3.2-5151","catch_line":"(For expiration date, see Editor's notes) Authority to condemn or destroy covered produce","order_by":null,"url":"\/3.2-5151\/"}],"refers_to":[{"id":87264,"section_number":"3.2-5151","catch_line":"(For expiration date, see Editor's notes) Authority to condemn or destroy covered produce","order_by":null,"url":"\/3.2-5151\/"}],"permalink":{"id":197381,"object_type":"law","relational_id":81635,"identifier":"3.2-5152","token":"3.2\/IV\/51.1\/3.2-5152","url":"\/3.2-5152\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5152\/","token":"3.2\/IV\/51.1\/3.2-5152","dublin_core":{"Title":"(For expiration date, see Editor&#8217;s notes) Proceeding for condemnation or destruction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5152","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>If unable to secure the written agreement to the condemnation or destruction in accordance with subdivision B 1 of \u00a7&nbsp;<a class=\"law\" title=\"(For expiration date, see Editor&#039;s notes) Authority to condemn or destroy covered produce\" href=\"\/3.2-5151\/\">3.2-5151<\/a>, the <span class=\"dictionary\">Commissioner<\/span> shall make complaint before a <span class=\"dictionary\">magistrate<\/span>, or other officer authorized to <span class=\"dictionary\">issue<\/span> <span class=\"dictionary\">summons<\/span>, having <span class=\"dictionary\">jurisdiction<\/span> where the covered produce was seized. The <span class=\"dictionary\">magistrate<\/span> or other officer shall <span class=\"dictionary\">issue<\/span> his <span class=\"dictionary\">summons<\/span> to the person from whom the covered produce was seized, directing him to appear before an appropriate <span class=\"dictionary\">court<\/span> in such <span class=\"dictionary\">jurisdiction<\/span> not less than six nor more than 12 days from the date of issuing the <span class=\"dictionary\">summons<\/span> and show cause why the covered produce should not be condemned or destroyed. If the person from whom the covered produce was seized cannot be found, then the <span class=\"dictionary\">summons<\/span> shall be served upon the person then in <span class=\"dictionary\">possession<\/span> of the covered produce. The <span class=\"dictionary\">summons<\/span> shall be served at least six days before the time of <span class=\"dictionary\">appearance<\/span> mentioned therein. If the person from whom the covered produce was seized cannot be found, and no one can be found in <span class=\"dictionary\">possession<\/span> of the covered produce, and the <span class=\"dictionary\">defendant<\/span> does not appear on the return day, then an appropriate <span class=\"dictionary\">court<\/span> shall proceed in the cause in the same manner as where a <span class=\"dictionary\">writ<\/span> of <span class=\"dictionary\">attachment<\/span> is returned not personally served upon any of the <span class=\"dictionary\">defendants<\/span> and none of the <span class=\"dictionary\">defendants<\/span> appears upon the return day.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n(FOR EXPIRATION DATE, SEE EDITOR&#8217;S NOTES) PROCEEDING FOR CONDEMNATION OR\nDESTRUCTION (\u00a7 3.2-5152)\n\nIf unable to secure the written agreement to the condemnation or destruction in\naccordance with subdivision B 1 of \u00a7 3.2-5151, the Commissioner shall make\ncomplaint before a magistrate, or other officer authorized to issue summons,\nhaving jurisdiction where the covered produce was seized. The magistrate or\nother officer shall issue his summons to the person from whom the covered\nproduce was seized, directing him to appear before an appropriate court in such\njurisdiction not less than six nor more than 12 days from the date of issuing\nthe summons and show cause why the covered produce should not be condemned or\ndestroyed. If the person from whom the covered produce was seized cannot be\nfound, then the summons shall be served upon the person then in possession of\nthe covered produce. The summons shall be served at least six days before the\ntime of appearance mentioned therein. If the person from whom the covered\nproduce was seized cannot be found, and no one can be found in possession of the\ncovered produce, and the defendant does not appear on the return day, then an\nappropriate court shall proceed in the cause in the same manner as where a writ\nof attachment is returned not personally served upon any of the defendants and\nnone of the defendants appears upon the return day.\n\nHISTORY: 2017, c. 574.","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}}