                                 CODE OF VIRGINIA

POWERS OF COMMISSIONER (§ 3.2-5405)

A. The Commissioner may:

   1. Order removal of inspectors from any establishment that fails to destroy
   condemned products as required under subdivision 2 of &#xA7; 3.2-5404;

   2. Order cessation of inspection service under this chapter with respect to
   any establishment for causes specified in &#xA7; 671 of the Federal Meat
   Inspection Act or &#xA7; 467 of the federal Poultry Products Inspection Act;

   3. Order labeling and containers to be withheld from use if he determines that
   the labeling is false or misleading or the containers are of a misleading size
   or form;

   4. Require that equines be slaughtered and prepared in establishments separate
   from establishments where other livestock are slaughtered or their products
   are prepared;

   5. Appoint and prescribe the duties of such inspectors and other personnel as
   he deems necessary for the efficient execution of the provisions of this
   chapter;

   6. Cooperate with the U.S. Department of Agriculture in administration of this
   chapter to effectuate the purposes stated in &#xA7; 3.2-5403; accept federal
   assistance for that purpose and spend public funds of the Commonwealth
   appropriated for administration of this chapter to pay 50 percent of the
   estimated total cost of the cooperative program;

   7. Recommend to the U.S. Department of Agriculture for appointment to the
   advisory committees provided for in the federal acts, such officials or
   employees of the Department as the Commissioner shall designate;

   8. Serve as the representative of the Governor for consultation with said
   Secretary under &#xA7; 661(c) of the Federal Meat Inspection Act and &#xA7;
   454(c) of the federal Poultry Products Inspection Act unless the Governor
   selects another representative; and

   9. Exempt the operations of any person from inspection or other requirements
   of this article if and to the extent such operations would be exempt from the
   corresponding requirements under the federal acts if they were conducted in or
   for interstate commerce or if the Commonwealth was designated under the
   federal acts as one in which the federal requirements apply to intrastate
   commerce.

B. Any order issued under subdivisions 1, 2, or 3 of subsection A shall be final
unless appealed in accordance with the provisions of the Administrative Process
Act (&#xA7; 2.2-4000 et seq.).

HISTORY: 1970, c. 290, §§ 3.1-884.21, 3.1-884.30; 1986, c. 615; 2008, c. 860;
2020, c. 318.