{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5210.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5210.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5210.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5210.html"}],"law_id":55473,"edition_id":1,"section_id":55473,"structure_id":13999,"section_number":"3.2-5210","catch_line":"Civil penalties","history":"2000, c. 993, \u00a7 3.1-530.10; 2001, c. 523; 2008, c. 860.","full_text":"A\n\nIn addition to the penalties prescribed in § 3.2-5209, any person violating any provision of this article or regulation adopted hereunder may be assessed a civil penalty by the Commissioner for each violation in an amount not to exceed $1,000. Any civil penalty may be in lieu of suspension of a permit issued pursuant to § 3.2-5206. In determining the amount of any civil penalty, the Commissioner shall give due consideration to: (i) the previous violations committed by the person; (ii) the seriousness of the violation; and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with this article or regulation adopted hereunder after notification of the violation. Any civil penalty shall be in addition to any payment that may be required for the wholesale value of all milk and milk products that must be destroyed as a consequence of such violation.B\n\nA civil penalty may be assessed by the Commissioner only after the Commissioner has given the person charged with a violation an opportunity for a public hearing. Where such a public hearing has been held, the Commissioner shall make findings of fact and issue a written decision as to the occurrence of the violation and the amount of the penalty that is warranted, incorporating, when appropriate, an order requiring that the penalty be paid. When appropriate, the Commissioner shall consolidate such hearings with other proceedings pursuant to the provisions of this chapter. Any hearing under this section shall be a formal adjudicatory hearing in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). When the person charged with such a violation fails to avail himself of the opportunity for a public hearing, a civil penalty shall be assessed by the Commissioner after the Commissioner determines that a violation has occurred and the amount of the penalty warranted, and issues an order requiring that the penalty be paid.C\n\nCivil penalties assessed under this section shall be paid into the general fund of the state treasury. The Board shall prescribe procedures for payment of civil penalties. The procedures shall include provisions for a person to consent to abatement of the alleged violation and pay a penalty or negotiated sum in lieu of such penalty without admission of civil liability arising from such alleged violation.D\n\nFinal orders may be recorded, enforced and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner. Such orders may be appealed in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).E\n\nNothing in this section shall require the Commissioner to institute proceedings for the imposition of civil penalties if the Commissioner considers the violations of this article to be minor. In such cases, the Commissioner may serve a suitable notice of warning in writing when he believes that the public interest will be served by so doing.F\n\nThe penalty provisions of this section shall not apply to violations of this article or any regulation adopted hereunder with respect to excessive drug residue. The penalty for any such violation shall be as provided in § 3.2-5211.","order_by":null,"text":{"0":{"id":203336,"text":"In addition to the penalties prescribed in § 3.2-5209, any person violating any provision of this article or regulation adopted hereunder may be assessed a civil penalty by the Commissioner for each violation in an amount not to exceed $1,000. Any civil penalty may be in lieu of suspension of a permit issued pursuant to § 3.2-5206. In determining the amount of any civil penalty, the Commissioner shall give due consideration to: (i) the previous violations committed by the person; (ii) the seriousness of the violation; and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with this article or regulation adopted hereunder after notification of the violation. Any civil penalty shall be in addition to any payment that may be required for the wholesale value of all milk and milk products that must be destroyed as a consequence of such violation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":203337,"text":"A civil penalty may be assessed by the Commissioner only after the Commissioner has given the person charged with a violation an opportunity for a public hearing. Where such a public hearing has been held, the Commissioner shall make findings of fact and issue a written decision as to the occurrence of the violation and the amount of the penalty that is warranted, incorporating, when appropriate, an order requiring that the penalty be paid. When appropriate, the Commissioner shall consolidate such hearings with other proceedings pursuant to the provisions of this chapter. Any hearing under this section shall be a formal adjudicatory hearing in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). When the person charged with such a violation fails to avail himself of the opportunity for a public hearing, a civil penalty shall be assessed by the Commissioner after the Commissioner determines that a violation has occurred and the amount of the penalty warranted, and issues an order requiring that the penalty be paid.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":203338,"text":"Civil penalties assessed under this section shall be paid into the general fund of the state treasury. The Board shall prescribe procedures for payment of civil penalties. The procedures shall include provisions for a person to consent to abatement of the alleged violation and pay a penalty or negotiated sum in lieu of such penalty without admission of civil liability arising from such alleged violation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":203339,"text":"Final orders may be recorded, enforced and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner. Such orders may be appealed in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":203340,"text":"Nothing in this section shall require the Commissioner to institute proceedings for the imposition of civil penalties if the Commissioner considers the violations of this article to be minor. In such cases, the Commissioner may serve a suitable notice of warning in writing when he believes that the public interest will be served by so doing.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":203341,"text":"The penalty provisions of this section shall not apply to violations of this article or any regulation adopted hereunder with respect to excessive drug residue. The penalty for any such violation shall be as provided in § 3.2-5211.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13999,"edition_id":1,"name":"Standards of Quality, Grading, and Sanitary Standards","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13998,"metadata":{},"date_created":"2026-06-26 03:46:33","date_modified":"2026-06-26 03:46:33","permalink":{"id":197429,"object_type":"structure","relational_id":13999,"identifier":"2","token":"3.2\/IV\/52\/2","url":"\/3.2\/IV\/52\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13998,"edition_id":1,"name":"Milk, Milk Products, and Dairies","identifier":"52","label":"chapter","depth":3,"order_by":1,"parent_id":12965,"metadata":{},"date_created":"2026-06-26 03:46:33","date_modified":"2026-06-26 03:46:33","permalink":{"id":197401,"object_type":"structure","relational_id":13998,"identifier":"52","token":"3.2\/IV\/52","url":"\/3.2\/IV\/52\/","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":81091,"structure_id":13999,"section_number":"3.2-5206","catch_line":"Board authorized to establish standards and adopt regulations; guidance of State Health Commissioner","url":"\/3.2-5206\/","token":"3.2\/IV\/52\/2\/3.2-5206","metadata":false},{"id":55079,"structure_id":13999,"section_number":"3.2-5207","catch_line":"Powers and duties of Commissioner; obstruction unlawful","url":"\/3.2-5207\/","token":"3.2\/IV\/52\/2\/3.2-5207","metadata":false},{"id":82629,"structure_id":13999,"section_number":"3.2-5208","catch_line":"Powers and duties of State Health Commissioner; obstruction unlawful","url":"\/3.2-5208\/","token":"3.2\/IV\/52\/2\/3.2-5208","metadata":false},{"id":70246,"structure_id":13999,"section_number":"3.2-5209","catch_line":"Penalties","url":"\/3.2-5209\/","token":"3.2\/IV\/52\/2\/3.2-5209","metadata":false},{"id":55473,"structure_id":13999,"section_number":"3.2-5210","catch_line":"Civil penalties","url":"\/3.2-5210\/","token":"3.2\/IV\/52\/2\/3.2-5210","metadata":false},{"id":64114,"structure_id":13999,"section_number":"3.2-5211","catch_line":"Excessive drug residue; penalty","url":"\/3.2-5211\/","token":"3.2\/IV\/52\/2\/3.2-5211","metadata":false}],"previous_section":{"id":70246,"structure_id":13999,"section_number":"3.2-5209","catch_line":"Penalties","url":"\/3.2-5209\/","token":"3.2\/IV\/52\/2\/3.2-5209","metadata":false},"next_section":{"id":64114,"structure_id":13999,"section_number":"3.2-5211","catch_line":"Excessive drug residue; penalty","url":"\/3.2-5211\/","token":"3.2\/IV\/52\/2\/3.2-5211","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5210\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 993<\/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. 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 2001, chapter 523<\/a>; in 2008, chapter 860<\/a>.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":81091,"section_number":"3.2-5206","catch_line":"Board authorized to establish standards and adopt regulations; guidance of State Health Commissioner","order_by":null,"url":"\/3.2-5206\/"},{"id":70246,"section_number":"3.2-5209","catch_line":"Penalties","order_by":null,"url":"\/3.2-5209\/"},{"id":64114,"section_number":"3.2-5211","catch_line":"Excessive drug residue; penalty","order_by":null,"url":"\/3.2-5211\/"}],"permalink":{"id":197447,"object_type":"law","relational_id":55473,"identifier":"3.2-5210","token":"3.2\/IV\/52\/2\/3.2-5210","url":"\/3.2-5210\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5210\/","token":"3.2\/IV\/52\/2\/3.2-5210","dublin_core":{"Title":"Civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5210","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to the penalties prescribed in § 3.2-5209<\/a>, any person violating any provision of this article or regulation adopted hereunder may be assessed a civil penalty<\/span> by the Commissioner<\/span> for each violation in an amount not to exceed $1,000. Any civil penalty<\/span> may be in lieu of suspension of a permit issued pursuant to § 3.2-5206<\/a>. In determining the amount of any civil penalty<\/span>, the Commissioner<\/span> shall give due consideration to: (i) the previous violations committed by the person; (ii) the seriousness of the violation; and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with this article or regulation adopted hereunder after notification of the violation. Any civil penalty<\/span> shall be in addition to any payment that may be required for the wholesale value of all milk and milk products that must be destroyed as a consequence of such violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A civil penalty<\/span> may be assessed by the Commissioner<\/span> only after the Commissioner<\/span> has given the person charged with a violation an opportunity for a public hearing<\/span>. Where such a public hearing<\/span> has been held, the Commissioner<\/span> shall make findings<\/span> of fact<\/span> and issue<\/span> a written decision as to the occurrence of the violation and the amount of the penalty<\/span> that is warranted, incorporating, when appropriate, an order<\/span> requiring that the penalty<\/span> be paid. When appropriate, the Commissioner<\/span> shall consolidate such hearings<\/span> with other proceedings pursuant to the provisions of this chapter. Any hearing<\/span> under this section shall be a formal adjudicatory hearing<\/span> in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.). When the person charged with such a violation fails to avail himself of the opportunity for a public hearing<\/span>, a civil penalty<\/span> shall be assessed by the Commissioner<\/span> after the Commissioner<\/span> determines that a violation has occurred and the amount of the penalty<\/span> warranted, and issues<\/span> an order<\/span> requiring that the penalty<\/span> be paid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Civil penalties assessed under this section shall be paid into the general fund of the state treasury. The Board<\/span> shall prescribe procedures for payment of civil penalties. The procedures shall include provisions for a person to consent to abatement of the alleged violation and pay a penalty<\/span> or negotiated sum in lieu of such penalty<\/span> without admission of civil liability arising from such alleged violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Final orders<\/span> may be recorded, enforced and satisfied as orders or decrees<\/span> of a circuit<\/span> court<\/span> upon certification of such orders by the Commissioner<\/span>. Such orders may be appealed in accordance with the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall require the Commissioner<\/span> to institute proceedings for the imposition of civil penalties if the Commissioner<\/span> considers the violations of this article to be minor<\/span>. In such cases, the Commissioner<\/span> may serve a suitable notice of warning in writing when he believes that the public interest will be served by so doing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The penalty<\/span> provisions of this section shall not apply to violations of this article or any regulation adopted hereunder with respect to excessive drug residue. The penalty<\/span> for any such violation shall be as provided in § 3.2-5211<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL PENALTIES (\u00a7 3.2-5210)\n\nA. In addition to the penalties prescribed in § 3.2-5209, any person\nviolating any provision of this article or regulation adopted hereunder may be\nassessed a civil penalty by the Commissioner for each violation in an amount not\nto exceed $1,000. Any civil penalty may be in lieu of suspension of a permit\nissued pursuant to § 3.2-5206. In determining the amount of any civil\npenalty, the Commissioner shall give due consideration to: (i) the previous\nviolations committed by the person; (ii) the seriousness of the violation; and\n(iii) the demonstrated good faith of the person charged in attempting to achieve\ncompliance with this article or regulation adopted hereunder after notification\nof the violation. Any civil penalty shall be in addition to any payment that may\nbe required for the wholesale value of all milk and milk products that must be\ndestroyed as a consequence of such violation.\n\nB. A civil penalty may be assessed by the Commissioner only after the\nCommissioner has given the person charged with a violation an opportunity for a\npublic hearing. Where such a public hearing has been held, the Commissioner\nshall make findings of fact and issue a written decision as to the occurrence of\nthe violation and the amount of the penalty that is warranted, incorporating,\nwhen appropriate, an order requiring that the penalty be paid. When appropriate,\nthe Commissioner shall consolidate such hearings with other proceedings pursuant\nto the provisions of this chapter. Any hearing under this section shall be a\nformal adjudicatory hearing in accordance with the Administrative Process Act\n(§ 2.2-4000 et seq.). When the person charged with such a violation fails\nto avail himself of the opportunity for a public hearing, a civil penalty shall\nbe assessed by the Commissioner after the Commissioner determines that a\nviolation has occurred and the amount of the penalty warranted, and issues an\norder requiring that the penalty be paid.\n\nC. Civil penalties assessed under this section shall be paid into the general\nfund of the state treasury. The Board shall prescribe procedures for payment of\ncivil penalties. The procedures shall include provisions for a person to consent\nto abatement of the alleged violation and pay a penalty or negotiated sum in\nlieu of such penalty without admission of civil liability arising from such\nalleged violation.\n\nD. Final orders may be recorded, enforced and satisfied as orders or decrees of\na circuit court upon certification of such orders by the Commissioner. Such\norders may be appealed in accordance with the provisions of the Administrative\nProcess Act (§ 2.2-4000 et seq.).\n\nE. Nothing in this section shall require the Commissioner to institute\nproceedings for the imposition of civil penalties if the Commissioner considers\nthe violations of this article to be minor. In such cases, the Commissioner may\nserve a suitable notice of warning in writing when he believes that the public\ninterest will be served by so doing.\n\nF. The penalty provisions of this section shall not apply to violations of this\narticle or any regulation adopted hereunder with respect to excessive drug\nresidue. The penalty for any such violation shall be as provided in §\n3.2-5211.\n\nHISTORY: 2000, c. 993, \u00a7 3.1-530.10; 2001, c. 523; 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}}