{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5714.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5714.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5714.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5714.html"}],"law_id":81619,"edition_id":1,"section_id":81619,"structure_id":14006,"section_number":"3.2-5714","catch_line":"Civil penalties","history":"1992, c. 242, \u00a7 3.1-969.14; 2008, c. 860.","full_text":"A\n\nAny person violating any provision of this chapter or regulations adopted hereunder may be assessed a civil penalty by the Board in an amount not to exceed $1,000 per violation. In determining the amount of any civil penalty, the Board shall give due consideration to: (i) the history of the person’s previous violations; (ii) the seriousness of the violation; and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with the chapter after notification of the violation.B\n\nCivil penalties assessed under this section shall be paid into the Weights and Measures Fund as established by § 3.2-5628. The Commissioner shall prescribe procedures for payment of uncontested penalties. The procedure 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.C\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.).","order_by":null,"text":{"0":{"id":292307,"text":"Any person violating any provision of this chapter or regulations adopted hereunder may be assessed a civil penalty by the Board in an amount not to exceed $1,000 per violation. In determining the amount of any civil penalty, the Board shall give due consideration to: (i) the history of the person’s previous violations; (ii) the seriousness of the violation; and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with the chapter after notification of the violation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":292308,"text":"Civil penalties assessed under this section shall be paid into the Weights and Measures Fund as established by § 3.2-5628. The Commissioner shall prescribe procedures for payment of uncontested penalties. The procedure 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":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":292309,"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":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14006,"edition_id":1,"name":"Weights and Measures Service Agencies and Technicians","identifier":"57","label":"chapter","depth":3,"order_by":1,"parent_id":12965,"metadata":{},"date_created":"2026-06-26 03:46:35","date_modified":"2026-06-26 03:46:35","permalink":{"id":197981,"object_type":"structure","relational_id":14006,"identifier":"57","token":"3.2\/IV\/57","url":"\/3.2\/IV\/57\/","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":55093,"structure_id":14006,"section_number":"3.2-5700","catch_line":"Definitions","url":"\/3.2-5700\/","token":"3.2\/IV\/57\/3.2-5700","metadata":false},{"id":78714,"structure_id":14006,"section_number":"3.2-5701","catch_line":"Powers of the Board","url":"\/3.2-5701\/","token":"3.2\/IV\/57\/3.2-5701","metadata":false},{"id":61884,"structure_id":14006,"section_number":"3.2-5701.1","catch_line":"Powers of the Commissioner","url":"\/3.2-5701.1\/","token":"3.2\/IV\/57\/3.2-5701.1","metadata":false},{"id":83876,"structure_id":14006,"section_number":"3.2-5702","catch_line":"Delegation of authority","url":"\/3.2-5702\/","token":"3.2\/IV\/57\/3.2-5702","metadata":false},{"id":86143,"structure_id":14006,"section_number":"3.2-5703","catch_line":"Registration of service agency","url":"\/3.2-5703\/","token":"3.2\/IV\/57\/3.2-5703","metadata":false},{"id":58441,"structure_id":14006,"section_number":"3.2-5704","catch_line":"Registration fee","url":"\/3.2-5704\/","token":"3.2\/IV\/57\/3.2-5704","metadata":false},{"id":72895,"structure_id":14006,"section_number":"3.2-5705","catch_line":"Exemption from registration fee","url":"\/3.2-5705\/","token":"3.2\/IV\/57\/3.2-5705","metadata":false},{"id":66622,"structure_id":14006,"section_number":"3.2-5706","catch_line":"Examination and verification of standards and calibrating equipment","url":"\/3.2-5706\/","token":"3.2\/IV\/57\/3.2-5706","metadata":false},{"id":77581,"structure_id":14006,"section_number":"3.2-5707","catch_line":"Certification of service technicians","url":"\/3.2-5707\/","token":"3.2\/IV\/57\/3.2-5707","metadata":false},{"id":68784,"structure_id":14006,"section_number":"3.2-5708","catch_line":"Certification fee","url":"\/3.2-5708\/","token":"3.2\/IV\/57\/3.2-5708","metadata":false},{"id":78610,"structure_id":14006,"section_number":"3.2-5709","catch_line":"Service of weights and measures; repair","url":"\/3.2-5709\/","token":"3.2\/IV\/57\/3.2-5709","metadata":false},{"id":67961,"structure_id":14006,"section_number":"3.2-5710","catch_line":"Certificate of Conformance","url":"\/3.2-5710\/","token":"3.2\/IV\/57\/3.2-5710","metadata":false},{"id":65018,"structure_id":14006,"section_number":"3.2-5711","catch_line":"Service report","url":"\/3.2-5711\/","token":"3.2\/IV\/57\/3.2-5711","metadata":false},{"id":67835,"structure_id":14006,"section_number":"3.2-5712","catch_line":"Denial, suspension, or revocation of registrations and certifications","url":"\/3.2-5712\/","token":"3.2\/IV\/57\/3.2-5712","metadata":false},{"id":70296,"structure_id":14006,"section_number":"3.2-5713","catch_line":"Penalties","url":"\/3.2-5713\/","token":"3.2\/IV\/57\/3.2-5713","metadata":false},{"id":81619,"structure_id":14006,"section_number":"3.2-5714","catch_line":"Civil penalties","url":"\/3.2-5714\/","token":"3.2\/IV\/57\/3.2-5714","metadata":false}],"previous_section":{"id":70296,"structure_id":14006,"section_number":"3.2-5713","catch_line":"Penalties","url":"\/3.2-5713\/","token":"3.2\/IV\/57\/3.2-5713","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5714\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 242 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 1992 \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":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":76090,"section_number":"3.2-5628","catch_line":"Weights and Measures Fund established; purpose","order_by":null,"url":"\/3.2-5628\/"}],"permalink":{"id":198043,"object_type":"law","relational_id":81619,"identifier":"3.2-5714","token":"3.2\/IV\/57\/3.2-5714","url":"\/3.2-5714\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5714\/","token":"3.2\/IV\/57\/3.2-5714","dublin_core":{"Title":"Civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5714","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person violating any provision of this chapter or regulations adopted hereunder may be assessed a civil penalty<\/span> by the Board<\/span> in an amount not to exceed $1,000 per violation. In determining the amount of any civil penalty<\/span>, the Board<\/span> shall give due consideration to: (i) the history of the person’s previous violations; (ii) the seriousness of the violation; and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with the chapter after notification of the violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Civil penalties assessed under this section shall be paid into the Weights and Measures Fund as established by § 3.2-5628<\/a>. The Commissioner<\/span> shall prescribe procedures for payment of uncontested penalties. The procedure 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

C.<\/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>","plain_text":" CODE OF VIRGINIA\n\nCIVIL PENALTIES (\u00a7 3.2-5714)\n\nA. Any person violating any provision of this chapter or regulations adopted\nhereunder may be assessed a civil penalty by the Board in an amount not to\nexceed $1,000 per violation. In determining the amount of any civil penalty, the\nBoard shall give due consideration to: (i) the history of the person’s\nprevious violations; (ii) the seriousness of the violation; and (iii) the\ndemonstrated good faith of the person charged in attempting to achieve\ncompliance with the chapter after notification of the violation.\n\nB. Civil penalties assessed under this section shall be paid into the Weights\nand Measures Fund as established by § 3.2-5628. The Commissioner shall\nprescribe procedures for payment of uncontested penalties. The procedure shall\ninclude provisions for a person to consent to abatement of the alleged violation\nand pay a penalty or negotiated sum in lieu of such penalty without admission of\ncivil liability arising from such alleged violation.\n\nC. 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\nHISTORY: 1992, c. 242, \u00a7 3.1-969.14; 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}}