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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>58320</law_id><section_number>3.2-5611</section_number><catch_line>Commissioner to weigh or measure packages and commodities; packages and commodities ordered off sale</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>3.2-5606</reference><reference>3.2-5617</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="56">Weights and Measures</unit></structure><text>
						<section><p>The <span class="dictionary">Commissioner</span> shall, on a periodic basis as he deems necessary, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for <span class="dictionary">sale</span>, sold, or in the process of delivery, to determine whether the same contain the amounts represented and whether they be kept, offered, or exposed for <span class="dictionary">sale</span>, or sold, in accordance with <span class="dictionary">law</span>; and when such packages or amounts of commodities are found not to contain the amounts represented, or are found to be kept, offered, or exposed for <span class="dictionary">sale</span> in violation of <span class="dictionary">law</span>, the <span class="dictionary">Commissioner</span> may <span class="dictionary">order</span> them off <span class="dictionary">sale</span> and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this section, the <span class="dictionary">Commissioner</span> may employ sampling and testing procedures as adopted by the National Conference on <span class="dictionary">Weights and Measures</span>, and published in National Institute of Standards and Technology Handbook 133, &#x201C;Checking the Net Contents of Packaged Goods,&#x201D; and supplements thereto, or in any publication revising, supplementing, or superseding Handbook 133, for the inspection of packaged commodities in the Commonwealth, except insofar as modified or rejected by regulation. The procedures will determine compliance of a given lot of packages on the basis of the result obtained on a composite sample selected from, and representative of, such lot. No person shall: (i) <span class="dictionary">sell</span>, keep, offer, or expose for <span class="dictionary">sale</span>, any package or amount of commodity that has been ordered off <span class="dictionary">sale</span> or marked or tagged as provided in this section unless and until such package or amount of commodity has been brought into full compliance with all requirements of this chapter; or (ii) dispose of any package or amount of commodity that has been ordered off <span class="dictionary">sale</span> or marked or tagged as provided in this section, and that has not been brought into compliance with the requirements of this chapter, in any manner except with the specific approval of the <span class="dictionary">Commissioner</span>.</p></section></text><history>Code 1950, &#xA7; 3-708.14; 1962, c. 298; 1966, c. 702, &#xA7; 3.1-932; 1993, c. 604; 2008, c. 860.</history><metadata></metadata></law>
