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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>56211</law_id><section_number>3.2-5137</section_number><catch_line>Proceeding for forfeiture</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="3.2">Agriculture, Animal Care, and Food</unit><unit label="subtitle" level="2" order_by="1" identifier="IV">Food and Drink; Weights and Measures</unit><unit label="chapter" level="3" order_by="1" identifier="51">Food and Drink</unit><unit label="article" level="4" order_by="1" identifier="4">Seizures, Prosecutions, Penalties, and Enforcement</unit></structure><text>
						<section><p>If upon laboratory analysis it appears that the food or dairy products are adulterated, substituted, misbranded, or imitated within the meaning of this chapter, the <span class="dictionary">Commissioner</span> may make complaint before a <span class="dictionary">magistrate</span>, or other officer authorized to <span class="dictionary">issue</span> <span class="dictionary">summons</span>, having <span class="dictionary">jurisdiction</span> where the goods were seized. The <span class="dictionary">magistrate</span> or other officer shall <span class="dictionary">issue</span> his <span class="dictionary">summons</span> to the person from whom the goods were seized, directing him to appear before an appropriate <span class="dictionary">court</span> in such <span class="dictionary">jurisdiction</span> not less than six nor more than 12 days from the date of issuing the <span class="dictionary">summons</span> and show cause why the goods should not be condemned and disposed of. If the person from whom the goods were seized cannot be found, then the <span class="dictionary">summons</span> shall be served upon the person then in <span class="dictionary">possession</span> of the goods. The <span class="dictionary">summons</span> shall be served at least six days before the time of <span class="dictionary">appearance</span> mentioned therein. If the person from whom the goods were seized cannot be found, and no one can be found in <span class="dictionary">possession</span> of the goods, and the <span class="dictionary">defendant</span> shall not appear on the return day, then an appropriate <span class="dictionary">court</span> shall proceed in the cause in the same manner as where a <span class="dictionary">writ</span> of <span class="dictionary">attachment</span> is returned not personally served upon any of the <span class="dictionary">defendants</span> and none of the <span class="dictionary">defendants</span> shall appear upon the return day.</p></section></text><history>Code 1950, &#xA7; 3-332; 1966, c. 702, &#xA7; 3.1-411; 2005, c. 839; 2008, c. 860.</history><metadata></metadata></law>
