{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5216.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5216.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5216.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5216.html"}],"law_id":82161,"edition_id":1,"section_id":82161,"structure_id":14739,"section_number":"3.2-5216","catch_line":"Condemnation of adulterated, misbranded products","history":"1970, c. 48, \u00a7 3.1-562.9; 2008, c. 860.","full_text":"Any product referred to by \u00a7 3.2-5215 shall be liable to be proceeded against and condemned.\n\t\tAt any time prior to the expiration of the 20-day detention period provided by \u00a7 3.2-5215, the Commissioner shall notify the attorney for the Commonwealth for the city or county where such detention was made in writing. Upon receiving written notification, the attorney for the Commonwealth shall forthwith file in the name of the Commonwealth any information against the detained product in the clerk’s office of the circuit court of the county or city where the detention was made. Upon the filing of such information, the clerk of court shall forthwith issue a warrant directing the sheriff to seize the detained product and see to its transportation to a suitable place of storage that, if necessary, may be outside of the county or city served by the sheriff. Should the attorney for the Commonwealth, for any reason, fail to file such information within five days after receipt of written notice of detention of the product, the same may, at any time within 30 days thereafter be filed by the Attorney General and the proceedings thereon shall be the same as if filed by the attorney for the Commonwealth.\n\t\tSuch information shall allege the seizure, and set forth in general terms the grounds of forfeiture of the seized product, and shall petition that the same be condemned and sold and the proceeds disposed of according to law, and that all persons concerned or interested be cited to appear and show cause why such product should not be condemned and sold to enforce the forfeiture. After the filing of the information, the attorney for the Commonwealth shall apply to the judge of the court wherein the information was filed for a hearing on the matters contained in the information. The judge of the court shall move the cause to the head of the docket and the hearing shall be had as soon as practical to do so.\n\t\tThe owner of and all persons in any manner then indebted or liable for the purchase price of the product and any person having a lien thereon, if they be known to the attorney who files the information, shall be made parties defendant thereto, and shall be served with the notice provided for, in the manner provided by law for serving a notice, at least 10 days before the day specified for the hearing on the information, if they are residents of the Commonwealth; and if they are unknown or nonresidents, or cannot with reasonable diligence be found in the Commonwealth, they shall be deemed sufficiently served by publication of the notice once a week for two successive weeks in some newspaper published in the county or city, or if there be none published therein, then in some newspaper having general circulation, and a notice shall be sent by registered mail of such seizure to the last known address of the owner of the detained product.\n\t\tAny person claiming to be the owner of such product or to hold a lien thereon, may appear at any time before final judgment of the trial court, and be made a party defendant to the information so filed, which appearance shall be by answer, under oath, in which shall be clearly set forth the nature of such defendant’s claim, whether as owner or as lienor, and if as owner, the right or title by which he claims to be such owner, and if lienor, the amount and character of his lien, and the evidence thereof; and in either case, such defendant shall set forth fully any reason or cause that he may have to show against the forfeiture of the product.\n\t\tIf such product is condemned, it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the state treasury, but the product shall not be sold contrary to the regulations of the Board; provided, that upon the execution and delivery of a good and sufficient bond conditioned that the product shall not be sold or otherwise disposed of contrary to the regulations of the Board, the court may direct that such product be delivered to a claimant thereof, who may have appeared in the proceedings, subject to such supervision by the Commissioner as is necessary to insure compliance with the applicable regulations. When a decree of condemnation is entered against a product and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses may, as the court deems just, be awarded against the person, if any, intervening as claimant of the product.\n\t\tIf a claimant denies for any reason that the product to be condemned is subject to condemnation as provided by this section, and shall demand a trial by jury of the issue thus made, then the court shall, under proper instructions, submit the same to a jury of five, to be selected and empanelled as prescribed by law. If the jury finds in favor of the claimant, or if the court, trying such issue without a jury, so finds, the judgment of the court shall be to entirely relieve the product from forfeiture, and no costs shall be taxed against such claimant.","order_by":null,"text":{"0":{"id":294509,"text":"Any product referred to by \u00a7 3.2-5215 shall be liable to be proceeded against and condemned.\n\t\tAt any time prior to the expiration of the 20-day detention period provided by \u00a7 3.2-5215, the Commissioner shall notify the attorney for the Commonwealth for the city or county where such detention was made in writing. Upon receiving written notification, the attorney for the Commonwealth shall forthwith file in the name of the Commonwealth any information against the detained product in the clerk’s office of the circuit court of the county or city where the detention was made. Upon the filing of such information, the clerk of court shall forthwith issue a warrant directing the sheriff to seize the detained product and see to its transportation to a suitable place of storage that, if necessary, may be outside of the county or city served by the sheriff. Should the attorney for the Commonwealth, for any reason, fail to file such information within five days after receipt of written notice of detention of the product, the same may, at any time within 30 days thereafter be filed by the Attorney General and the proceedings thereon shall be the same as if filed by the attorney for the Commonwealth.\n\t\tSuch information shall allege the seizure, and set forth in general terms the grounds of forfeiture of the seized product, and shall petition that the same be condemned and sold and the proceeds disposed of according to law, and that all persons concerned or interested be cited to appear and show cause why such product should not be condemned and sold to enforce the forfeiture. After the filing of the information, the attorney for the Commonwealth shall apply to the judge of the court wherein the information was filed for a hearing on the matters contained in the information. The judge of the court shall move the cause to the head of the docket and the hearing shall be had as soon as practical to do so.\n\t\tThe owner of and all persons in any manner then indebted or liable for the purchase price of the product and any person having a lien thereon, if they be known to the attorney who files the information, shall be made parties defendant thereto, and shall be served with the notice provided for, in the manner provided by law for serving a notice, at least 10 days before the day specified for the hearing on the information, if they are residents of the Commonwealth; and if they are unknown or nonresidents, or cannot with reasonable diligence be found in the Commonwealth, they shall be deemed sufficiently served by publication of the notice once a week for two successive weeks in some newspaper published in the county or city, or if there be none published therein, then in some newspaper having general circulation, and a notice shall be sent by registered mail of such seizure to the last known address of the owner of the detained product.\n\t\tAny person claiming to be the owner of such product or to hold a lien thereon, may appear at any time before final judgment of the trial court, and be made a party defendant to the information so filed, which appearance shall be by answer, under oath, in which shall be clearly set forth the nature of such defendant’s claim, whether as owner or as lienor, and if as owner, the right or title by which he claims to be such owner, and if lienor, the amount and character of his lien, and the evidence thereof; and in either case, such defendant shall set forth fully any reason or cause that he may have to show against the forfeiture of the product.\n\t\tIf such product is condemned, it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the state treasury, but the product shall not be sold contrary to the regulations of the Board; provided, that upon the execution and delivery of a good and sufficient bond conditioned that the product shall not be sold or otherwise disposed of contrary to the regulations of the Board, the court may direct that such product be delivered to a claimant thereof, who may have appeared in the proceedings, subject to such supervision by the Commissioner as is necessary to insure compliance with the applicable regulations. When a decree of condemnation is entered against a product and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses may, as the court deems just, be awarded against the person, if any, intervening as claimant of the product.\n\t\tIf a claimant denies for any reason that the product to be condemned is subject to condemnation as provided by this section, and shall demand a trial by jury of the issue thus made, then the court shall, under proper instructions, submit the same to a jury of five, to be selected and empanelled as prescribed by law. If the jury finds in favor of the claimant, or if the court, trying such issue without a jury, so finds, the judgment of the court shall be to entirely relieve the product from forfeiture, and no costs shall be taxed against such claimant.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14739,"edition_id":1,"name":"Ice Cream and Similar Products","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13998,"metadata":{},"date_created":"2026-06-26 03:49:38","date_modified":"2026-06-26 03:49:38","permalink":{"id":197455,"object_type":"structure","relational_id":14739,"identifier":"3","token":"3.2\/IV\/52\/3","url":"\/3.2\/IV\/52\/3\/","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":82070,"structure_id":14739,"section_number":"3.2-5212","catch_line":"Authority of Board to establish standards, adopt regulations","url":"\/3.2-5212\/","token":"3.2\/IV\/52\/3\/3.2-5212","metadata":false},{"id":78556,"structure_id":14739,"section_number":"3.2-5213","catch_line":"Commissioner to enforce article; right of entry","url":"\/3.2-5213\/","token":"3.2\/IV\/52\/3\/3.2-5213","metadata":false},{"id":56453,"structure_id":14739,"section_number":"3.2-5214","catch_line":"Permits; delegation of enforcement of article to State Health Commissioner for restaurants","url":"\/3.2-5214\/","token":"3.2\/IV\/52\/3\/3.2-5214","metadata":false},{"id":72407,"structure_id":14739,"section_number":"3.2-5215","catch_line":"Detention of adulterated, misbranded products","url":"\/3.2-5215\/","token":"3.2\/IV\/52\/3\/3.2-5215","metadata":false},{"id":82161,"structure_id":14739,"section_number":"3.2-5216","catch_line":"Condemnation of adulterated, misbranded products","url":"\/3.2-5216\/","token":"3.2\/IV\/52\/3\/3.2-5216","metadata":false},{"id":81165,"structure_id":14739,"section_number":"3.2-5217","catch_line":"Penalties","url":"\/3.2-5217\/","token":"3.2\/IV\/52\/3\/3.2-5217","metadata":false}],"previous_section":{"id":72407,"structure_id":14739,"section_number":"3.2-5215","catch_line":"Detention of adulterated, misbranded products","url":"\/3.2-5215\/","token":"3.2\/IV\/52\/3\/3.2-5215","metadata":false},"next_section":{"id":81165,"structure_id":14739,"section_number":"3.2-5217","catch_line":"Penalties","url":"\/3.2-5217\/","token":"3.2\/IV\/52\/3\/3.2-5217","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5216\/","history_text":"

This law was first created in 1970. The record of its establishment is cataloged in chapter 48 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. Unfortunately, the 1970 \u201cActs\u201d aren\u2019t available online. 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":72407,"section_number":"3.2-5215","catch_line":"Detention of adulterated, misbranded products","order_by":null,"url":"\/3.2-5215\/"}],"refers_to":[{"id":72407,"section_number":"3.2-5215","catch_line":"Detention of adulterated, misbranded products","order_by":null,"url":"\/3.2-5215\/"}],"permalink":{"id":197473,"object_type":"law","relational_id":82161,"identifier":"3.2-5216","token":"3.2\/IV\/52\/3\/3.2-5216","url":"\/3.2-5216\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5216\/","token":"3.2\/IV\/52\/3\/3.2-5216","dublin_core":{"Title":"Condemnation of adulterated, misbranded products","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5216","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any product referred to by \u00a7 3.2-5215<\/a> shall be liable to be proceeded against and condemned.\n\t\tAt any time prior to the expiration of the 20-day detention period provided by \u00a7 3.2-5215<\/a>, the Commissioner<\/span> shall notify the attorney for the Commonwealth for the city or county where such detention was made in writing. Upon receiving written notification, the attorney for the Commonwealth shall forthwith file in the name of the Commonwealth any information against the detained product in the clerk’s office of the circuit<\/span> court of the county or city where the detention was made. Upon the filing of such information, the clerk of court<\/span> shall forthwith issue<\/span> a warrant directing the sheriff to seize the detained product and see to its transportation to a suitable place of storage that, if necessary, may be outside of the county or city served by the sheriff. Should the attorney for the Commonwealth, for any reason, fail to file such information within five days after receipt of written notice of detention of the product, the same may, at any time within 30 days thereafter be filed by the Attorney General<\/span> and the proceedings thereon shall be the same as if filed by the attorney for the Commonwealth.\n\t\tSuch information shall allege the seizure, and set forth in general terms the grounds of forfeiture of the seized product, and shall petition<\/span> that the same be condemned and sold and the proceeds disposed of according to law<\/span>, and that all persons concerned or interested be cited to appear and show cause why such product should not be condemned and sold to enforce the forfeiture. After the filing of the information, the attorney for the Commonwealth shall apply to the judge<\/span> of the court wherein the information was filed for a hearing<\/span> on the matters contained in the information. The judge<\/span> of the court shall move the cause to the head of the docket<\/span> and the hearing<\/span> shall be had as soon as practical to do so.\n\t\tThe owner of and all persons in any manner then indebted or liable for the purchase price of the product and any person having a lien<\/span> thereon, if they be known to the attorney who files the information, shall be made parties defendant<\/span> thereto, and shall be served with the notice provided for, in the manner provided by law<\/span> for serving a notice, at least 10 days before the day specified for the hearing<\/span> on the information, if they are residents of the Commonwealth; and if they are unknown or nonresidents, or cannot with reasonable diligence be found in the Commonwealth, they shall be deemed sufficiently served by publication of the notice once a week for two successive weeks in some newspaper published in the county or city, or if there be none published therein, then in some newspaper having general circulation, and a notice shall be sent by registered mail of such seizure to the last known address of the owner of the detained product.\n\t\tAny person claiming to be the owner of such product or to hold a lien<\/span> thereon, may appear at any time before final judgment<\/span> of the trial<\/span> court, and be made a party<\/span> defendant<\/span> to the information so filed, which appearance<\/span> shall be by answer, under oath<\/span>, in which shall be clearly set forth the nature of such defendant<\/span>’s claim, whether as owner or as lienor, and if as owner, the right or title by which he claims to be such owner, and if lienor, the amount and character of his lien<\/span>, and the evidence<\/span> thereof; and in either case, such defendant<\/span> shall set forth fully any reason or cause that he may have to show against the forfeiture of the product.\n\t\tIf such product is condemned, it shall, after entry of the decree<\/span>, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the state treasury, but the product shall not be sold contrary to the regulations of the Board<\/span>; provided, that upon the execution and delivery of a good and sufficient bond<\/span> conditioned that the product shall not be sold or otherwise disposed of contrary to the regulations of the Board<\/span>, the court may direct that such product be delivered to a claimant thereof, who may have appeared in the proceedings, subject to such supervision by the Commissioner<\/span> as is necessary to insure compliance with the applicable regulations. When a decree<\/span> of condemnation is entered against a product and it is released under bond<\/span>, or destroyed, court costs and fees, and storage and other proper expenses may, as the court deems just, be awarded against the person, if any, intervening as claimant of the product.\n\t\tIf a claimant denies for any reason that the product to be condemned is subject to condemnation as provided by this section, and shall demand a trial<\/span> by jury<\/span> of the issue<\/span> thus made, then the court shall, under proper instructions, submit the same to a jury<\/span> of five, to be selected and empanelled as prescribed by law<\/span>. If the jury<\/span> finds in favor of the claimant, or if the court, trying such issue<\/span> without a jury<\/span>, so finds, the judgment<\/span> of the court shall be to entirely relieve the product from forfeiture, and no costs shall be taxed against such claimant.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONDEMNATION OF ADULTERATED, MISBRANDED PRODUCTS (\u00a7 3.2-5216)\n\nAny product referred to by \u00a7 3.2-5215 shall be liable to be proceeded against\nand condemned.\n\t\tAt any time prior to the expiration of the 20-day detention period provided by\n\u00a7 3.2-5215, the Commissioner shall notify the attorney for the Commonwealth for\nthe city or county where such detention was made in writing. Upon receiving\nwritten notification, the attorney for the Commonwealth shall forthwith file in\nthe name of the Commonwealth any information against the detained product in the\nclerk’s office of the circuit court of the county or city where the\ndetention was made. Upon the filing of such information, the clerk of court\nshall forthwith issue a warrant directing the sheriff to seize the detained\nproduct and see to its transportation to a suitable place of storage that, if\nnecessary, may be outside of the county or city served by the sheriff. Should\nthe attorney for the Commonwealth, for any reason, fail to file such information\nwithin five days after receipt of written notice of detention of the product,\nthe same may, at any time within 30 days thereafter be filed by the Attorney\nGeneral and the proceedings thereon shall be the same as if filed by the\nattorney for the Commonwealth.\n\t\tSuch information shall allege the seizure, and set forth in general terms the\ngrounds of forfeiture of the seized product, and shall petition that the same be\ncondemned and sold and the proceeds disposed of according to law, and that all\npersons concerned or interested be cited to appear and show cause why such\nproduct should not be condemned and sold to enforce the forfeiture. After the\nfiling of the information, the attorney for the Commonwealth shall apply to the\njudge of the court wherein the information was filed for a hearing on the\nmatters contained in the information. The judge of the court shall move the\ncause to the head of the docket and the hearing shall be had as soon as\npractical to do so.\n\t\tThe owner of and all persons in any manner then indebted or liable for the\npurchase price of the product and any person having a lien thereon, if they be\nknown to the attorney who files the information, shall be made parties defendant\nthereto, and shall be served with the notice provided for, in the manner\nprovided by law for serving a notice, at least 10 days before the day specified\nfor the hearing on the information, if they are residents of the Commonwealth;\nand if they are unknown or nonresidents, or cannot with reasonable diligence be\nfound in the Commonwealth, they shall be deemed sufficiently served by\npublication of the notice once a week for two successive weeks in some newspaper\npublished in the county or city, or if there be none published therein, then in\nsome newspaper having general circulation, and a notice shall be sent by\nregistered mail of such seizure to the last known address of the owner of the\ndetained product.\n\t\tAny person claiming to be the owner of such product or to hold a lien thereon,\nmay appear at any time before final judgment of the trial court, and be made a\nparty defendant to the information so filed, which appearance shall be by\nanswer, under oath, in which shall be clearly set forth the nature of such\ndefendant’s claim, whether as owner or as lienor, and if as owner, the\nright or title by which he claims to be such owner, and if lienor, the amount\nand character of his lien, and the evidence thereof; and in either case, such\ndefendant shall set forth fully any reason or cause that he may have to show\nagainst the forfeiture of the product.\n\t\tIf such product is condemned, it shall, after entry of the decree, be disposed\nof by destruction or sale as the court may direct and the proceeds, if sold,\nless the court costs and fees, and storage and other proper expenses, shall be\npaid into the state treasury, but the product shall not be sold contrary to the\nregulations of the Board; provided, that upon the execution and delivery of a\ngood and sufficient bond conditioned that the product shall not be sold or\notherwise disposed of contrary to the regulations of the Board, the court may\ndirect that such product be delivered to a claimant thereof, who may have\nappeared in the proceedings, subject to such supervision by the Commissioner as\nis necessary to insure compliance with the applicable regulations. When a decree\nof condemnation is entered against a product and it is released under bond, or\ndestroyed, court costs and fees, and storage and other proper expenses may, as\nthe court deems just, be awarded against the person, if any, intervening as\nclaimant of the product.\n\t\tIf a claimant denies for any reason that the product to be condemned is\nsubject to condemnation as provided by this section, and shall demand a trial by\njury of the issue thus made, then the court shall, under proper instructions,\nsubmit the same to a jury of five, to be selected and empanelled as prescribed\nby law. If the jury finds in favor of the claimant, or if the court, trying such\nissue without a jury, so finds, the judgment of the court shall be to entirely\nrelieve the product from forfeiture, and no costs shall be taxed against such\nclaimant.\n\nHISTORY: 1970, c. 48, \u00a7 3.1-562.9; 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}}