{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5233.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5233.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5233.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5233.html"}],"law_id":77229,"edition_id":1,"section_id":77229,"structure_id":15129,"section_number":"3.2-5233","catch_line":"Civil penalties","history":"2000, c. 993, \u00a7 3.1-545.1; 2008, c. 860.","full_text":"A\n\nIn addition to the penalties prescribed in § 3.2-5229 or 3.2-5232, 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 $15,000. 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 the regulations 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 he 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 therein 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 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.","order_by":null,"text":{"0":{"id":277038,"text":"In addition to the penalties prescribed in § 3.2-5229 or 3.2-5232, 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 $15,000. 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 the regulations 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":277039,"text":"A civil penalty may be assessed by the Commissioner only after he 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 therein 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":277040,"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":277041,"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 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":277042,"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"}},"ancestry":[{"id":15129,"edition_id":1,"name":"Babcock and Other Machine Tests","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":13998,"metadata":{},"date_created":"2026-06-26 03:52:21","date_modified":"2026-06-26 03:52:21","permalink":{"id":197481,"object_type":"structure","relational_id":15129,"identifier":"4","token":"3.2\/IV\/52\/4","url":"\/3.2\/IV\/52\/4\/","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":77177,"structure_id":15129,"section_number":"3.2-5218","catch_line":"Definitions","url":"\/3.2-5218\/","token":"3.2\/IV\/52\/4\/3.2-5218","metadata":false},{"id":62640,"structure_id":15129,"section_number":"3.2-5219","catch_line":"No test or apparatus other than Babcock or other centrifugal machines to be used unless approved by Board","url":"\/3.2-5219\/","token":"3.2\/IV\/52\/4\/3.2-5219","metadata":false},{"id":86964,"structure_id":15129,"section_number":"3.2-5220","catch_line":"Inspection of centrifugal machines and scales; condemnation","url":"\/3.2-5220\/","token":"3.2\/IV\/52\/4\/3.2-5220","metadata":false},{"id":59100,"structure_id":15129,"section_number":"3.2-5221","catch_line":"Manipulators of machines to procure certificates; renewal of certificate; revocation by Commissioner","url":"\/3.2-5221\/","token":"3.2\/IV\/52\/4\/3.2-5221","metadata":false},{"id":81099,"structure_id":15129,"section_number":"3.2-5222","catch_line":"To whom certificates issued","url":"\/3.2-5222\/","token":"3.2\/IV\/52\/4\/3.2-5222","metadata":false},{"id":68910,"structure_id":15129,"section_number":"3.2-5223","catch_line":"Regulations governing applications for certificates; revocation by Board; standards and regulations","url":"\/3.2-5223\/","token":"3.2\/IV\/52\/4\/3.2-5223","metadata":false},{"id":84199,"structure_id":15129,"section_number":"3.2-5224","catch_line":"Regulations governing equipment, standards and procedures","url":"\/3.2-5224\/","token":"3.2\/IV\/52\/4\/3.2-5224","metadata":false},{"id":83605,"structure_id":15129,"section_number":"3.2-5225","catch_line":"Capacity of standard measurers","url":"\/3.2-5225\/","token":"3.2\/IV\/52\/4\/3.2-5225","metadata":false},{"id":84293,"structure_id":15129,"section_number":"3.2-5226","catch_line":"Units for testing cream","url":"\/3.2-5226\/","token":"3.2\/IV\/52\/4\/3.2-5226","metadata":false},{"id":57638,"structure_id":15129,"section_number":"3.2-5227","catch_line":"Sampling to determine butterfat by composite tests","url":"\/3.2-5227\/","token":"3.2\/IV\/52\/4\/3.2-5227","metadata":false},{"id":66410,"structure_id":15129,"section_number":"3.2-5228","catch_line":"Test of measurers; inspection of machines and scales; right of entry","url":"\/3.2-5228\/","token":"3.2\/IV\/52\/4\/3.2-5228","metadata":false},{"id":57701,"structure_id":15129,"section_number":"3.2-5229","catch_line":"False manipulation and reading of tests","url":"\/3.2-5229\/","token":"3.2\/IV\/52\/4\/3.2-5229","metadata":false},{"id":69412,"structure_id":15129,"section_number":"3.2-5230","catch_line":"Tender of payment as evidence of test","url":"\/3.2-5230\/","token":"3.2\/IV\/52\/4\/3.2-5230","metadata":false},{"id":85850,"structure_id":15129,"section_number":"3.2-5231","catch_line":"Commissioner to enforce article; persons exempt","url":"\/3.2-5231\/","token":"3.2\/IV\/52\/4\/3.2-5231","metadata":false},{"id":58711,"structure_id":15129,"section_number":"3.2-5232","catch_line":"Obstructing Commissioner; violations of article","url":"\/3.2-5232\/","token":"3.2\/IV\/52\/4\/3.2-5232","metadata":false},{"id":77229,"structure_id":15129,"section_number":"3.2-5233","catch_line":"Civil penalties","url":"\/3.2-5233\/","token":"3.2\/IV\/52\/4\/3.2-5233","metadata":false}],"previous_section":{"id":58711,"structure_id":15129,"section_number":"3.2-5232","catch_line":"Obstructing Commissioner; violations of article","url":"\/3.2-5232\/","token":"3.2\/IV\/52\/4\/3.2-5232","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5233\/","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 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":59100,"section_number":"3.2-5221","catch_line":"Manipulators of machines to procure certificates; renewal of certificate; revocation by Commissioner","order_by":null,"url":"\/3.2-5221\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":57701,"section_number":"3.2-5229","catch_line":"False manipulation and reading of tests","order_by":null,"url":"\/3.2-5229\/"},{"id":58711,"section_number":"3.2-5232","catch_line":"Obstructing Commissioner; violations of article","order_by":null,"url":"\/3.2-5232\/"}],"permalink":{"id":197543,"object_type":"law","relational_id":77229,"identifier":"3.2-5233","token":"3.2\/IV\/52\/4\/3.2-5233","url":"\/3.2-5233\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5233\/","token":"3.2\/IV\/52\/4\/3.2-5233","dublin_core":{"Title":"Civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5233","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to the penalties prescribed in § 3.2-5229<\/a> or 3.2-5232<\/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 $15,000. 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 the regulations 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 he 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> therein 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 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>","plain_text":" CODE OF VIRGINIA\n\nCIVIL PENALTIES (\u00a7 3.2-5233)\n\nA. In addition to the penalties prescribed in § 3.2-5229 or 3.2-5232, any\nperson violating any provision of this article or regulation adopted hereunder\nmay be assessed a civil penalty by the Commissioner for each violation in an\namount not to exceed $15,000. In determining the amount of any civil penalty,\nthe Commissioner shall give due consideration to: (i) the previous violations\ncommitted by the person; (ii) the seriousness of the violation; and (iii) the\ndemonstrated good faith of the person charged in attempting to achieve\ncompliance with this article or the regulations adopted hereunder after\nnotification of the violation. Any civil penalty shall be in addition to any\npayment that may be required for the wholesale value of all milk and milk\nproducts that must be destroyed as a consequence of such violation.\n\nB. A civil penalty may be assessed by the Commissioner only after he has given\nthe person charged with a violation an opportunity for a public hearing. Where\nsuch a public hearing has been held, the Commissioner shall make findings of\nfact and issue a written decision as to the occurrence of the violation and the\namount of the penalty that is warranted, incorporating, when appropriate, an\norder therein requiring that the penalty be paid. When appropriate, the\nCommissioner shall consolidate such hearings with other proceedings pursuant to\nthe provisions of this chapter. Any hearing under this section shall be a formal\nadjudicatory hearing in accordance with the Administrative Process Act (§\n2.2-4000 et seq.). When the person charged with such a violation fails to avail\nhimself of the opportunity for a public hearing, a civil penalty shall be\nassessed by the Commissioner after the Commissioner determines that a violation\nhas occurred and the amount of the penalty warranted, and issues an order\nrequiring 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 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\nHISTORY: 2000, c. 993, \u00a7 3.1-545.1; 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}}