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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>82161</law_id><section_number>3.2-5216</section_number><catch_line>Condemnation of adulterated, misbranded products</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>3.2-5215</reference></referred_to_by><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="52">Milk, Milk Products, and Dairies</unit><unit label="article" level="4" order_by="1" identifier="3">Ice Cream and Similar Products</unit></structure><text>
						<section><p>Any product referred to by &#xA7;&#xA0;<a class="law" title="Detention of adulterated, misbranded products" href="/3.2-5215/">3.2-5215</a> shall be liable to be proceeded against and condemned.
		At any time prior to the expiration of the 20-day detention period provided by &#xA7;&#xA0;<a class="law" title="Detention of adulterated, misbranded products" href="/3.2-5215/">3.2-5215</a>, the <span class="dictionary">Commissioner</span> shall notify the attorney for the Commonwealth for the city or county where such detention was made in writing. Upon receiving written notification, the attorney for the Commonwealth shall forthwith file in the name of the Commonwealth any information against the detained product in the clerk&#x2019;s office of the <span class="dictionary">circuit</span> court of the county or city where the detention was made. Upon the filing of such information, the <span class="dictionary">clerk of court</span> shall forthwith <span class="dictionary">issue</span> a warrant directing the sheriff to seize the detained product and see to its transportation to a suitable place of storage that, if necessary, may be outside of the county or city served by the sheriff. Should the attorney for the Commonwealth, for any reason, fail to file such information within five days after receipt of written notice of detention of the product, the same may, at any time within 30 days thereafter be filed by the <span class="dictionary">Attorney General</span> and the proceedings thereon shall be the same as if filed by the attorney for the Commonwealth.
		Such information shall allege the seizure, and set forth in general terms the grounds of forfeiture of the seized product, and shall <span class="dictionary">petition</span> that the same be condemned and sold and the proceeds disposed of according to <span class="dictionary">law</span>, and that all persons concerned or interested be cited to appear and show cause why such product should not be condemned and sold to enforce the forfeiture. After the filing of the information, the attorney for the Commonwealth shall apply to the <span class="dictionary">judge</span> of the court wherein the information was filed for a <span class="dictionary">hearing</span> on the matters contained in the information. The <span class="dictionary">judge</span> of the court shall move the cause to the head of the <span class="dictionary">docket</span> and the <span class="dictionary">hearing</span> shall be had as soon as practical to do so.
		The owner of and all persons in any manner then indebted or liable for the purchase price of the product and any person having a <span class="dictionary">lien</span> thereon, if they be known to the attorney who files the information, shall be made parties <span class="dictionary">defendant</span> thereto, and shall be served with the notice provided for, in the manner provided by <span class="dictionary">law</span> for serving a notice, at least 10 days before the day specified for the <span class="dictionary">hearing</span> on the information, if they are residents of the Commonwealth; and if they are unknown or nonresidents, or cannot with reasonable diligence be found in the Commonwealth, they shall be deemed sufficiently served by publication of the notice once a week for two successive weeks in some newspaper published in the county or city, or if there be none published therein, then in some newspaper having general circulation, and a notice shall be sent by registered mail of such seizure to the last known address of the owner of the detained product.
		Any person claiming to be the owner of such product or to hold a <span class="dictionary">lien</span> thereon, may appear at any time before final <span class="dictionary">judgment</span> of the <span class="dictionary">trial</span> court, and be made a <span class="dictionary">party</span> <span class="dictionary">defendant</span> to the information so filed, which <span class="dictionary">appearance</span> shall be by answer, under <span class="dictionary">oath</span>, in which shall be clearly set forth the nature of such <span class="dictionary">defendant</span>&#x2019;s claim, whether as owner or as lienor, and if as owner, the right or title by which he claims to be such owner, and if lienor, the amount and character of his <span class="dictionary">lien</span>, and the <span class="dictionary">evidence</span> thereof; and in either case, such <span class="dictionary">defendant</span> shall set forth fully any reason or cause that he may have to show against the forfeiture of the product.
		If such product is condemned, it shall, after entry of the <span class="dictionary">decree</span>, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the state treasury, but the product shall not be sold contrary to the regulations of the <span class="dictionary">Board</span>; provided, that upon the execution and delivery of a good and sufficient <span class="dictionary">bond</span> conditioned that the product shall not be sold or otherwise disposed of contrary to the regulations of the <span class="dictionary">Board</span>, the court may direct that such product be delivered to a claimant thereof, who may have appeared in the proceedings, subject to such supervision by the <span class="dictionary">Commissioner</span> as is necessary to insure compliance with the applicable regulations. When a <span class="dictionary">decree</span> of condemnation is entered against a product and it is released under <span class="dictionary">bond</span>, or destroyed, court costs and fees, and storage and other proper expenses may, as the court deems just, be awarded against the person, if any, intervening as claimant of the product.
		If a claimant denies for any reason that the product to be condemned is subject to condemnation as provided by this section, and shall demand a <span class="dictionary">trial</span> by <span class="dictionary">jury</span> of the <span class="dictionary">issue</span> thus made, then the court shall, under proper instructions, submit the same to a <span class="dictionary">jury</span> of five, to be selected and empanelled as prescribed by <span class="dictionary">law</span>. If the <span class="dictionary">jury</span> finds in favor of the claimant, or if the court, trying such <span class="dictionary">issue</span> without a <span class="dictionary">jury</span>, so finds, the <span class="dictionary">judgment</span> of the court shall be to entirely relieve the product from forfeiture, and no costs shall be taxed against such claimant.</p></section></text><history>1970, c. 48, &#xA7; 3.1-562.9; 2008, c. 860.</history><metadata></metadata></law>
