{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5211.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5211.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5211.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5211.html"}],"law_id":64114,"edition_id":1,"section_id":64114,"structure_id":13999,"section_number":"3.2-5211","catch_line":"Excessive drug residue; penalty","history":"2001, c. 523, \u00a7 3.1-530.11; 2008, c. 860.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Dairy farm” means any farm producing Grade A milk or milk for manufacturing purposes.\n\t\t\t“Excessive drug residue” means drug residue that is: (i) greater than the value specified as a safe level by the U.S. Food and Drug Administration; (ii) equal to or greater than the value specified as the minimum actionable level by the U.S. Food and Drug Administration; or (iii) greater than the value specified as the maximum tolerance level established by federal law. In the event that no safe level, actionable level, or tolerance level for drug residue has been established under federal law, any drug residue shall be deemed to exceed the safe level, minimum actionable level, or tolerance level of drug residue.\n\t\t\t“Official drug test” means a test: (i) performed by a laboratory that is certified by the Interstate Milk Shippers (IMS) and listed as certified in the IMS List Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers published by the U.S. Food and Drug Administration; (ii) performed in a laboratory operated by the Commonwealth; or (iii) performed using a method that has been reviewed and accepted by the United States Public Health Service, the Association of Official Analytical Chemists, or the American Public Health Association.B\n\nWhere an official drug test detects the presence of excessive drug residue in milk produced at a dairy farm, the Commissioner may: (i) assess a civil penalty not to exceed $100 against the operator of the dairy farm; or (ii) order the suspension of any permit issued to the operator pursuant to § 3.2-5206. No civil penalty shall be assessed under this section unless the operator of the dairy farm has been given the opportunity for an informal fact-finding conference pursuant to § 2.2-4019. If the matter is not resolved by the informal fact-finding conference or the operator of the dairy farm is dissatisfied with the Commissioner’s decision from the informal fact-finding conference, the operator may request a second informal fact-finding conference. Any such request shall be submitted by the operator to the Commissioner within 30 days after the operator’s receipt of the decision. The Commissioner in his discretion may grant or deny such request.\n\t\t\tNothing in this section shall be construed to require the Commissioner to hold a formal hearing pursuant to § 2.2-4020 prior to the assessment of a civil penalty or the suspension of a permit pursuant to this section.C\n\nIf the Commissioner assesses a civil penalty pursuant to this section and the operator of the dairy farm fails to pay the civil penalty in a timely manner, the Commissioner shall suspend any permit issued pursuant to § 3.2-5206 to the operator.D\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.","order_by":null,"text":{"0":{"id":233433,"text":"For the purposes of this section:\n\t\t\t“Dairy farm” means any farm producing Grade A milk or milk for manufacturing purposes.\n\t\t\t“Excessive drug residue” means drug residue that is: (i) greater than the value specified as a safe level by the U.S. Food and Drug Administration; (ii) equal to or greater than the value specified as the minimum actionable level by the U.S. Food and Drug Administration; or (iii) greater than the value specified as the maximum tolerance level established by federal law. In the event that no safe level, actionable level, or tolerance level for drug residue has been established under federal law, any drug residue shall be deemed to exceed the safe level, minimum actionable level, or tolerance level of drug residue.\n\t\t\t“Official drug test” means a test: (i) performed by a laboratory that is certified by the Interstate Milk Shippers (IMS) and listed as certified in the IMS List Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers published by the U.S. Food and Drug Administration; (ii) performed in a laboratory operated by the Commonwealth; or (iii) performed using a method that has been reviewed and accepted by the United States Public Health Service, the Association of Official Analytical Chemists, or the American Public Health Association.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":233434,"text":"Where an official drug test detects the presence of excessive drug residue in milk produced at a dairy farm, the Commissioner may: (i) assess a civil penalty not to exceed $100 against the operator of the dairy farm; or (ii) order the suspension of any permit issued to the operator pursuant to § 3.2-5206. No civil penalty shall be assessed under this section unless the operator of the dairy farm has been given the opportunity for an informal fact-finding conference pursuant to § 2.2-4019. If the matter is not resolved by the informal fact-finding conference or the operator of the dairy farm is dissatisfied with the Commissioner’s decision from the informal fact-finding conference, the operator may request a second informal fact-finding conference. Any such request shall be submitted by the operator to the Commissioner within 30 days after the operator’s receipt of the decision. The Commissioner in his discretion may grant or deny such request.\n\t\t\tNothing in this section shall be construed to require the Commissioner to hold a formal hearing pursuant to § 2.2-4020 prior to the assessment of a civil penalty or the suspension of a permit pursuant to this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":233435,"text":"If the Commissioner assesses a civil penalty pursuant to this section and the operator of the dairy farm fails to pay the civil penalty in a timely manner, the Commissioner shall suspend any permit issued pursuant to § 3.2-5206 to the operator.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":233436,"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":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5211\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 523<\/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 1 time. 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. That modification is as follows: in 2008, chapter 860<\/a>.<\/p>","references":[{"id":55473,"section_number":"3.2-5210","catch_line":"Civil penalties","order_by":null,"url":"\/3.2-5210\/"}],"refers_to":[{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"},{"id":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"},{"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\/"}],"permalink":{"id":197451,"object_type":"law","relational_id":64114,"identifier":"3.2-5211","token":"3.2\/IV\/52\/2\/3.2-5211","url":"\/3.2-5211\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5211\/","token":"3.2\/IV\/52\/2\/3.2-5211","dublin_core":{"Title":"Excessive drug residue; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5211","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Dairy farm<\/span>” means any farm producing Grade A milk or milk for manufacturing purposes.\n\t\t\t“Excessive drug residue<\/span>” means drug residue that is: (i) greater than the value specified as a safe level by the U.S. Food and Drug Administration; (ii) equal to or greater than the value specified as the minimum actionable level by the U.S. Food and Drug Administration; or (iii) greater than the value specified as the maximum tolerance level established by federal law<\/span>. In the event that no safe level, actionable level, or tolerance level for drug residue has been established under federal law<\/span>, any drug residue shall be deemed to exceed the safe level, minimum actionable level, or tolerance level of drug residue.\n\t\t\t“Official drug test<\/span>” means a test: (i) performed by a laboratory that is certified by the Interstate Milk Shippers (IMS) and listed as certified in the IMS List Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers published by the U.S. Food and Drug Administration; (ii) performed in a laboratory operated by the Commonwealth; or (iii) performed using a method that has been reviewed and accepted by the United States Public Health Service, the Association of Official Analytical Chemists, or the American Public Health Association. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Where an official drug test<\/span> detects the presence of excessive drug residue<\/span> in milk produced at a dairy farm<\/span>, the Commissioner<\/span> may: (i) assess a civil penalty<\/span> not to exceed $100 against the operator of the dairy farm<\/span>; or (ii) order<\/span> the suspension of any permit issued to the operator pursuant to § 3.2-5206<\/a>. No civil penalty<\/span> shall be assessed under this section unless the operator of the dairy farm<\/span> has been given the opportunity for an informal fact<\/span>-finding<\/span> conference pursuant to § 2.2-4019<\/a>. If the matter is not resolved by the informal fact<\/span>-finding<\/span> conference or the operator of the dairy farm<\/span> is dissatisfied with the Commissioner<\/span>’s decision from the informal fact<\/span>-finding<\/span> conference, the operator may request a second informal fact<\/span>-finding<\/span> conference. Any such request shall be submitted by the operator to the Commissioner<\/span> within 30 days after the operator’s receipt of the decision. The Commissioner<\/span> in his discretion may grant or deny such request.\n\t\t\tNothing in this section shall be construed to require the Commissioner<\/span> to hold a formal hearing<\/span> pursuant to § 2.2-4020<\/a> prior to the assessment of a civil penalty<\/span> or the suspension of a permit pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the Commissioner<\/span> assesses a civil penalty<\/span> pursuant to this section and the operator of the dairy farm<\/span> fails to pay the civil penalty<\/span> in a timely manner, the Commissioner<\/span> shall suspend any permit issued pursuant to § 3.2-5206<\/a> to the operator. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/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>","plain_text":" CODE OF VIRGINIA\n\nEXCESSIVE DRUG RESIDUE; PENALTY (\u00a7 3.2-5211)\n\nA. For the purposes of this section:\n\t\t\t“Dairy farm” means any farm producing Grade A milk or milk for\nmanufacturing purposes.\n\t\t\t“Excessive drug residue” means drug residue that is: (i) greater\nthan the value specified as a safe level by the U.S. Food and Drug\nAdministration; (ii) equal to or greater than the value specified as the minimum\nactionable level by the U.S. Food and Drug Administration; or (iii) greater than\nthe value specified as the maximum tolerance level established by federal law.\nIn the event that no safe level, actionable level, or tolerance level for drug\nresidue has been established under federal law, any drug residue shall be deemed\nto exceed the safe level, minimum actionable level, or tolerance level of drug\nresidue.\n\t\t\t“Official drug test” means a test: (i) performed by a laboratory\nthat is certified by the Interstate Milk Shippers (IMS) and listed as certified\nin the IMS List Sanitation Compliance and Enforcement Ratings of Interstate Milk\nShippers published by the U.S. Food and Drug Administration; (ii) performed in a\nlaboratory operated by the Commonwealth; or (iii) performed using a method that\nhas been reviewed and accepted by the United States Public Health Service, the\nAssociation of Official Analytical Chemists, or the American Public Health\nAssociation.\n\nB. Where an official drug test detects the presence of excessive drug residue in\nmilk produced at a dairy farm, the Commissioner may: (i) assess a civil penalty\nnot to exceed $100 against the operator of the dairy farm; or (ii) order the\nsuspension of any permit issued to the operator pursuant to § 3.2-5206. No\ncivil penalty shall be assessed under this section unless the operator of the\ndairy farm has been given the opportunity for an informal fact-finding\nconference pursuant to § 2.2-4019. If the matter is not resolved by the\ninformal fact-finding conference or the operator of the dairy farm is\ndissatisfied with the Commissioner’s decision from the informal\nfact-finding conference, the operator may request a second informal fact-finding\nconference. Any such request shall be submitted by the operator to the\nCommissioner within 30 days after the operator’s receipt of the decision.\nThe Commissioner in his discretion may grant or deny such request.\n\t\t\tNothing in this section shall be construed to require the Commissioner to\nhold a formal hearing pursuant to § 2.2-4020 prior to the assessment of a\ncivil penalty or the suspension of a permit pursuant to this section.\n\nC. If the Commissioner assesses a civil penalty pursuant to this section and the\noperator of the dairy farm fails to pay the civil penalty in a timely manner,\nthe Commissioner shall suspend any permit issued pursuant to § 3.2-5206 to\nthe operator.\n\nD. 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\nHISTORY: 2001, c. 523, \u00a7 3.1-530.11; 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}}