{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5405.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5405.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5405.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5405.html"}],"law_id":71262,"edition_id":1,"section_id":71262,"structure_id":14363,"section_number":"3.2-5405","catch_line":"Powers of Commissioner","history":"1970, c. 290, \u00a7\u00a7 3.1-884.21, 3.1-884.30; 1986, c. 615; 2008, c. 860; 2020, c. 318.","full_text":"A\n\nThe Commissioner may:1\n\nOrder removal of inspectors from any establishment that fails to destroy condemned products as required under subdivision 2 of § 3.2-5404;2\n\nOrder cessation of inspection service under this chapter with respect to any establishment for causes specified in § 671 of the Federal Meat Inspection Act or § 467 of the federal Poultry Products Inspection Act;3\n\nOrder labeling and containers to be withheld from use if he determines that the labeling is false or misleading or the containers are of a misleading size or form;4\n\nRequire that equines be slaughtered and prepared in establishments separate from establishments where other livestock are slaughtered or their products are prepared;5\n\nAppoint and prescribe the duties of such inspectors and other personnel as he deems necessary for the efficient execution of the provisions of this chapter;6\n\nCooperate with the U.S. Department of Agriculture in administration of this chapter to effectuate the purposes stated in § 3.2-5403; accept federal assistance for that purpose and spend public funds of the Commonwealth appropriated for administration of this chapter to pay 50 percent of the estimated total cost of the cooperative program;7\n\nRecommend to the U.S. Department of Agriculture for appointment to the advisory committees provided for in the federal acts, such officials or employees of the Department as the Commissioner shall designate;8\n\nServe as the representative of the Governor for consultation with said Secretary under § 661(c) of the Federal Meat Inspection Act and § 454(c) of the federal Poultry Products Inspection Act unless the Governor selects another representative; and9\n\nExempt the operations of any person from inspection or other requirements of this article if and to the extent such operations would be exempt from the corresponding requirements under the federal acts if they were conducted in or for interstate commerce or if the Commonwealth was designated under the federal acts as one in which the federal requirements apply to intrastate commerce.B\n\nAny order issued under subdivisions 1, 2, or 3 of subsection A shall be final unless appealed in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).","order_by":null,"text":{"0":{"id":256835,"text":"The Commissioner may:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":256836,"text":"Order removal of inspectors from any establishment that fails to destroy condemned products as required under subdivision 2 of § 3.2-5404;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":256837,"text":"Order cessation of inspection service under this chapter with respect to any establishment for causes specified in § 671 of the Federal Meat Inspection Act or § 467 of the federal Poultry Products Inspection Act;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":256838,"text":"Order labeling and containers to be withheld from use if he determines that the labeling is false or misleading or the containers are of a misleading size or form;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":256839,"text":"Require that equines be slaughtered and prepared in establishments separate from establishments where other livestock are slaughtered or their products are prepared;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":256840,"text":"Appoint and prescribe the duties of such inspectors and other personnel as he deems necessary for the efficient execution of the provisions of this chapter;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":256841,"text":"Cooperate with the U.S. Department of Agriculture in administration of this chapter to effectuate the purposes stated in § 3.2-5403; accept federal assistance for that purpose and spend public funds of the Commonwealth appropriated for administration of this chapter to pay 50 percent of the estimated total cost of the cooperative program;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":256842,"text":"Recommend to the U.S. Department of Agriculture for appointment to the advisory committees provided for in the federal acts, such officials or employees of the Department as the Commissioner shall designate;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":256843,"text":"Serve as the representative of the Governor for consultation with said Secretary under § 661(c) of the Federal Meat Inspection Act and § 454(c) of the federal Poultry Products Inspection Act unless the Governor selects another representative; and","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":256844,"text":"Exempt the operations of any person from inspection or other requirements of this article if and to the extent such operations would be exempt from the corresponding requirements under the federal acts if they were conducted in or for interstate commerce or if the Commonwealth was designated under the federal acts as one in which the federal requirements apply to intrastate commerce.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"B"},"10":{"id":256845,"text":"Any order issued under subdivisions 1, 2, or 3 of subsection A shall be final unless appealed in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A9"}},"ancestry":[{"id":14363,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13738,"metadata":{},"date_created":"2026-06-26 03:47:53","date_modified":"2026-06-26 03:47:53","permalink":{"id":197615,"object_type":"structure","relational_id":14363,"identifier":"1","token":"3.2\/IV\/54\/1","url":"\/3.2\/IV\/54\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13738,"edition_id":1,"name":"Slaughterhouses, Meat, and Dressed Poultry","identifier":"54","label":"chapter","depth":3,"order_by":1,"parent_id":12965,"metadata":{},"date_created":"2026-06-26 03:45:44","date_modified":"2026-06-26 03:45:44","permalink":{"id":197613,"object_type":"structure","relational_id":13738,"identifier":"54","token":"3.2\/IV\/54","url":"\/3.2\/IV\/54\/","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":62290,"structure_id":14363,"section_number":"3.2-5400","catch_line":"Definitions","url":"\/3.2-5400\/","token":"3.2\/IV\/54\/1\/3.2-5400","metadata":false},{"id":65214,"structure_id":14363,"section_number":"3.2-5401","catch_line":"Adulterated livestock product or poultry product","url":"\/3.2-5401\/","token":"3.2\/IV\/54\/1\/3.2-5401","metadata":false},{"id":55685,"structure_id":14363,"section_number":"3.2-5402","catch_line":"Misbranded livestock product or poultry product","url":"\/3.2-5402\/","token":"3.2\/IV\/54\/1\/3.2-5402","metadata":false},{"id":59871,"structure_id":14363,"section_number":"3.2-5403","catch_line":"Department to cooperate with U.S. Department of Agriculture","url":"\/3.2-5403\/","token":"3.2\/IV\/54\/1\/3.2-5403","metadata":false},{"id":73972,"structure_id":14363,"section_number":"3.2-5404","catch_line":"Duties of the Board","url":"\/3.2-5404\/","token":"3.2\/IV\/54\/1\/3.2-5404","metadata":false},{"id":71262,"structure_id":14363,"section_number":"3.2-5405","catch_line":"Powers of Commissioner","url":"\/3.2-5405\/","token":"3.2\/IV\/54\/1\/3.2-5405","metadata":false}],"previous_section":{"id":73972,"structure_id":14363,"section_number":"3.2-5404","catch_line":"Duties of the Board","url":"\/3.2-5404\/","token":"3.2\/IV\/54\/1\/3.2-5404","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5405\/","history_text":"

This law was first created in 1970. The record of its establishment is cataloged in chapter 290 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 3 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 1986, chapter 615; in 2008, chapter 860<\/a>; in 2020, chapter 318<\/a>.<\/p>","references":[{"id":73972,"section_number":"3.2-5404","catch_line":"Duties of the Board","order_by":null,"url":"\/3.2-5404\/"},{"id":81014,"section_number":"3.2-5407","catch_line":"Prohibitions in general","order_by":null,"url":"\/3.2-5407\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":59871,"section_number":"3.2-5403","catch_line":"Department to cooperate with U.S. Department of Agriculture","order_by":null,"url":"\/3.2-5403\/"},{"id":73972,"section_number":"3.2-5404","catch_line":"Duties of the Board","order_by":null,"url":"\/3.2-5404\/"}],"permalink":{"id":197637,"object_type":"law","relational_id":71262,"identifier":"3.2-5405","token":"3.2\/IV\/54\/1\/3.2-5405","url":"\/3.2-5405\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5405\/","token":"3.2\/IV\/54\/1\/3.2-5405","dublin_core":{"Title":"Powers of Commissioner","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5405","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Order<\/span> removal of inspectors<\/span> from any establishment that fails to destroy condemned products as required under subdivision 2 of § 3.2-5404<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Order<\/span> cessation of inspection service under this chapter with respect to any establishment for causes specified in § 671 of the Federal Meat Inspection Act or § 467 of the federal Poultry Products<\/span> Inspection Act; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Order<\/span> labeling<\/span> and containers<\/span> to be withheld from use if he determines that the labeling<\/span> is false or misleading or the containers<\/span> are of a misleading size or form; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Require that equines be slaughtered and prepared<\/span> in establishments separate from establishments where other livestock<\/span> are slaughtered or their products are prepared<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Appoint and prescribe the duties of such inspectors<\/span> and other personnel as he deems necessary for the efficient execution of the provisions of this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Cooperate with the U.S. Department<\/span> of Agriculture in administration of this chapter to effectuate the purposes stated in § 3.2-5403<\/a>; accept federal assistance for that purpose and spend public funds of the Commonwealth appropriated for administration of this chapter to pay 50 percent of the estimated total cost of the cooperative program; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Recommend to the U.S. Department<\/span> of Agriculture for appointment to the advisory committees provided for in the federal acts<\/span>, such officials or employees of the Department<\/span> as the Commissioner<\/span> shall designate; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Serve as the representative of the Governor for consultation with said Secretary under § 661(c) of the Federal Meat Inspection Act and § 454(c) of the federal Poultry Products<\/span> Inspection Act unless the Governor selects another representative; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Exempt the operations of any person from inspection or other requirements of this article if and to the extent such operations would be exempt from the corresponding requirements under the federal acts<\/span> if they were conducted in or for interstate commerce or if the Commonwealth was designated under the federal acts<\/span> as one in which the federal requirements apply to intrastate commerce. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any order<\/span> issued under subdivisions 1, 2, or 3 of subsection A shall be final unless appealed in accordance with the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS OF COMMISSIONER (\u00a7 3.2-5405)\n\nA. The Commissioner may:\n\n 1. Order removal of inspectors from any establishment that fails to destroy\n condemned products as required under subdivision 2 of § 3.2-5404;\n\n 2. Order cessation of inspection service under this chapter with respect to\n any establishment for causes specified in § 671 of the Federal Meat\n Inspection Act or § 467 of the federal Poultry Products Inspection Act;\n\n 3. Order labeling and containers to be withheld from use if he determines that\n the labeling is false or misleading or the containers are of a misleading size\n or form;\n\n 4. Require that equines be slaughtered and prepared in establishments separate\n from establishments where other livestock are slaughtered or their products\n are prepared;\n\n 5. Appoint and prescribe the duties of such inspectors and other personnel as\n he deems necessary for the efficient execution of the provisions of this\n chapter;\n\n 6. Cooperate with the U.S. Department of Agriculture in administration of this\n chapter to effectuate the purposes stated in § 3.2-5403; accept federal\n assistance for that purpose and spend public funds of the Commonwealth\n appropriated for administration of this chapter to pay 50 percent of the\n estimated total cost of the cooperative program;\n\n 7. Recommend to the U.S. Department of Agriculture for appointment to the\n advisory committees provided for in the federal acts, such officials or\n employees of the Department as the Commissioner shall designate;\n\n 8. Serve as the representative of the Governor for consultation with said\n Secretary under § 661(c) of the Federal Meat Inspection Act and §\n 454(c) of the federal Poultry Products Inspection Act unless the Governor\n selects another representative; and\n\n 9. Exempt the operations of any person from inspection or other requirements\n of this article if and to the extent such operations would be exempt from the\n corresponding requirements under the federal acts if they were conducted in or\n for interstate commerce or if the Commonwealth was designated under the\n federal acts as one in which the federal requirements apply to intrastate\n commerce.\n\nB. Any order issued under subdivisions 1, 2, or 3 of subsection A shall be final\nunless appealed in accordance with the provisions of the Administrative Process\nAct (§ 2.2-4000 et seq.).\n\nHISTORY: 1970, c. 290, \u00a7\u00a7 3.1-884.21, 3.1-884.30; 1986, c. 615; 2008, c. 860;\n2020, c. 318.","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}}