{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-3459.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-3459.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-3459.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-3459.html"}],"law_id":82436,"edition_id":1,"section_id":82436,"structure_id":14492,"section_number":"54.1-3459","catch_line":"Tagging of adulterated or misbranded drugs, devices, or cosmetics; condemnation; destruction; expenses","history":"1970, c. 650, \u00a7 54-524.88; 1988, c. 765.","full_text":"A\n\nWhenever a duly authorized agent of the Board finds, or has probable cause to believe, that any drug, device, or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter or is in violation of § 54.1-3457, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded or in violation of § 54.1-3457 and has been detained. The tag shall also warn all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by an authorized agent or the court. It shall be unlawful for any person to remove or dispose of such detained article by sale or otherwise without permission.B\n\nWhen an article is adulterated or misbranded or is in violation of § 54.1-3421, the Board may petition the circuit court in whose jurisdiction the article is detained for condemnation of such article. When an authorized agent finds that an article which has been detained is not adulterated or misbranded, or in violation of § 54.1-3421, he shall remove the tag or other marking.C\n\nIf the court finds that a detained article is adulterated or misbranded, or in violation of § 54.1-3421, such article shall, after entry of the decree, be destroyed at the expense of the claimant, under the supervision of an authorized agent, and all court costs and fees, and storage and other proper expenses, shall be levied against the claimant or his agent. When the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court shall order the article to be properly labeled or processed. The expense of the supervision shall be paid by the claimant. The article shall be returned to the claimant and the bond shall be discharged on the representation to the court by the Board that the article is no longer in violation of this chapter, and that the expenses of such supervision have been paid.","order_by":null,"text":{"0":{"id":295350,"text":"Whenever a duly authorized agent of the Board finds, or has probable cause to believe, that any drug, device, or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter or is in violation of § 54.1-3457, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded or in violation of § 54.1-3457 and has been detained. The tag shall also warn all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by an authorized agent or the court. It shall be unlawful for any person to remove or dispose of such detained article by sale or otherwise without permission.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":295351,"text":"When an article is adulterated or misbranded or is in violation of § 54.1-3421, the Board may petition the circuit court in whose jurisdiction the article is detained for condemnation of such article. When an authorized agent finds that an article which has been detained is not adulterated or misbranded, or in violation of § 54.1-3421, he shall remove the tag or other marking.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":295352,"text":"If the court finds that a detained article is adulterated or misbranded, or in violation of § 54.1-3421, such article shall, after entry of the decree, be destroyed at the expense of the claimant, under the supervision of an authorized agent, and all court costs and fees, and storage and other proper expenses, shall be levied against the claimant or his agent. When the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court shall order the article to be properly labeled or processed. The expense of the supervision shall be paid by the claimant. The article shall be returned to the claimant and the bond shall be discharged on the representation to the court by the Board that the article is no longer in violation of this chapter, and that the expenses of such supervision have been paid.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14492,"edition_id":1,"name":"Misbranded and Adulterated Drugs and Cosmetics","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":13240,"metadata":{},"date_created":"2026-06-26 03:48:20","date_modified":"2026-06-26 03:48:20","permalink":{"id":243685,"object_type":"structure","relational_id":14492,"identifier":"6","token":"54.1\/III\/34\/6","url":"\/54.1\/III\/34\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13240,"edition_id":1,"name":"Drug Control Act","identifier":"34","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:44:30","date_modified":"2026-06-26 03:44:30","permalink":{"id":243223,"object_type":"structure","relational_id":13240,"identifier":"34","token":"54.1\/III\/34","url":"\/54.1\/III\/34\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83286,"structure_id":14492,"section_number":"54.1-3457","catch_line":"Prohibited acts","url":"\/54.1-3457\/","token":"54.1\/III\/34\/6\/54.1-3457","metadata":false},{"id":78702,"structure_id":14492,"section_number":"54.1-3458","catch_line":"Violations","url":"\/54.1-3458\/","token":"54.1\/III\/34\/6\/54.1-3458","metadata":false},{"id":82436,"structure_id":14492,"section_number":"54.1-3459","catch_line":"Tagging of adulterated or misbranded drugs, devices, or cosmetics; condemnation; destruction; expenses","url":"\/54.1-3459\/","token":"54.1\/III\/34\/6\/54.1-3459","metadata":false},{"id":82971,"structure_id":14492,"section_number":"54.1-3460","catch_line":"Poisonous or deleterious substance, or color additive","url":"\/54.1-3460\/","token":"54.1\/III\/34\/6\/54.1-3460","metadata":false},{"id":68796,"structure_id":14492,"section_number":"54.1-3461","catch_line":"Adulterated drug or device","url":"\/54.1-3461\/","token":"54.1\/III\/34\/6\/54.1-3461","metadata":false},{"id":75409,"structure_id":14492,"section_number":"54.1-3462","catch_line":"Misbranded drug or device","url":"\/54.1-3462\/","token":"54.1\/III\/34\/6\/54.1-3462","metadata":false},{"id":55895,"structure_id":14492,"section_number":"54.1-3463","catch_line":"Exemption of drugs dispensed by filling or refilling prescription","url":"\/54.1-3463\/","token":"54.1\/III\/34\/6\/54.1-3463","metadata":false},{"id":68497,"structure_id":14492,"section_number":"54.1-3464","catch_line":"Adulterated cosmetics","url":"\/54.1-3464\/","token":"54.1\/III\/34\/6\/54.1-3464","metadata":false},{"id":59606,"structure_id":14492,"section_number":"54.1-3465","catch_line":"Misbranded cosmetics","url":"\/54.1-3465\/","token":"54.1\/III\/34\/6\/54.1-3465","metadata":false}],"previous_section":{"id":78702,"structure_id":14492,"section_number":"54.1-3458","catch_line":"Violations","url":"\/54.1-3458\/","token":"54.1\/III\/34\/6\/54.1-3458","metadata":false},"next_section":{"id":82971,"structure_id":14492,"section_number":"54.1-3460","catch_line":"Poisonous or deleterious substance, or color additive","url":"\/54.1-3460\/","token":"54.1\/III\/34\/6\/54.1-3460","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-3459\/","history_text":"

This law was first created in 1970. The record of its establishment is cataloged in chapter 650 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 1988, chapter 765.<\/p>","references":false,"refers_to":[{"id":55995,"section_number":"54.1-3421","catch_line":"New drugs","order_by":null,"url":"\/54.1-3421\/"},{"id":83286,"section_number":"54.1-3457","catch_line":"Prohibited acts","order_by":null,"url":"\/54.1-3457\/"}],"permalink":{"id":243695,"object_type":"law","relational_id":82436,"identifier":"54.1-3459","token":"54.1\/III\/34\/6\/54.1-3459","url":"\/54.1-3459\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-3459\/","token":"54.1\/III\/34\/6\/54.1-3459","dublin_core":{"Title":"Tagging of adulterated or misbranded drugs, devices, or cosmetics; condemnation; destruction; expenses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-3459","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever a duly authorized agent<\/span> of the Board<\/span> finds, or has probable cause<\/span> to believe, that any drug<\/span>, device<\/span>, or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter or is in violation of § 54.1-3457<\/a>, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded or in violation of § 54.1-3457<\/a> and has been detained. The tag shall also warn all persons<\/span> not to remove or dispose of such article by sale<\/span> or otherwise until permission for removal or disposal is given by an authorized agent<\/span> or the court<\/span>. It shall be unlawful for any person<\/span> to remove or dispose of such detained article by sale<\/span> or otherwise without permission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When an article is adulterated or misbranded or is in violation of § 54.1-3421<\/a>, the Board<\/span> may petition<\/span> the circuit<\/span> court<\/span> in whose jurisdiction<\/span> the article is detained for condemnation of such article. When an authorized agent<\/span> finds that an article which has been detained is not adulterated or misbranded, or in violation of § 54.1-3421<\/a>, he shall remove the tag or other marking. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the court<\/span> finds that a detained article is adulterated or misbranded, or in violation of § 54.1-3421<\/a>, such article shall, after entry of the decree<\/span>, be destroyed at the expense of the claimant, under the supervision of an authorized agent<\/span>, and all court<\/span> costs and fees, and storage and other proper expenses, shall be levied against the claimant or his agent<\/span>. When the adulteration or misbranding can be corrected by proper labeling<\/span> or processing of the article, the court<\/span> shall order<\/span> the article to be properly labeled or processed. The expense of the supervision shall be paid by the claimant. The article shall be returned to the claimant and the bond<\/span> shall be discharged on the representation to the court<\/span> by the Board<\/span> that the article is no longer in violation of this chapter, and that the expenses of such supervision have been paid. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTAGGING OF ADULTERATED OR MISBRANDED DRUGS, DEVICES, OR COSMETICS; CONDEMNATION;\nDESTRUCTION; EXPENSES (\u00a7 54.1-3459)\n\nA. Whenever a duly authorized agent of the Board finds, or has probable cause to\nbelieve, that any drug, device, or cosmetic is adulterated, or so misbranded as\nto be dangerous or fraudulent, within the meaning of this chapter or is in\nviolation of § 54.1-3457, he shall affix to such article a tag or other\nappropriate marking, giving notice that such article is, or is suspected of\nbeing, adulterated or misbranded or in violation of § 54.1-3457 and has\nbeen detained. The tag shall also warn all persons not to remove or dispose of\nsuch article by sale or otherwise until permission for removal or disposal is\ngiven by an authorized agent or the court. It shall be unlawful for any person\nto remove or dispose of such detained article by sale or otherwise without\npermission.\n\nB. When an article is adulterated or misbranded or is in violation of §\n54.1-3421, the Board may petition the circuit court in whose jurisdiction the\narticle is detained for condemnation of such article. When an authorized agent\nfinds that an article which has been detained is not adulterated or misbranded,\nor in violation of § 54.1-3421, he shall remove the tag or other marking.\n\nC. If the court finds that a detained article is adulterated or misbranded, or\nin violation of § 54.1-3421, such article shall, after entry of the decree,\nbe destroyed at the expense of the claimant, under the supervision of an\nauthorized agent, and all court costs and fees, and storage and other proper\nexpenses, shall be levied against the claimant or his agent. When the\nadulteration or misbranding can be corrected by proper labeling or processing of\nthe article, the court shall order the article to be properly labeled or\nprocessed. The expense of the supervision shall be paid by the claimant. The\narticle shall be returned to the claimant and the bond shall be discharged on\nthe representation to the court by the Board that the article is no longer in\nviolation of this chapter, and that the expenses of such supervision have been\npaid.\n\nHISTORY: 1970, c. 650, \u00a7 54-524.88; 1988, c. 765.","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}}