                                 CODE OF VIRGINIA

POWERS OF OFFICERS CHARGED WITH ENFORCEMENT; ENTRY TO ESTABLISHMENT; SEIZURE;
DESTRUCTION (§ 28.2-802)

A. For the purpose of carrying out the provisions of this chapter, the State
Health Commissioner and the Commissioner of Marine Resources or their designees
may enter any establishment located in the Commonwealth, where crustacea or
shellfish may be found, and if it appears that any provision of this chapter has
been violated, may, with or without a warrant, arrest any person who is or has
been, or is believed to be or have been, in charge of the crustacea or shellfish
and may seize, in the name of the Commonwealth, and take possession of such
crustacea or shellfish.

B. The State Health Commissioner and the Commissioner of Marine Resources, or
their designees, may seize and take possession of any boat, vessel, barge, car,
motor vehicle or other conveyance used in violation of any provision of this
chapter. Such boat, vessel, barge, car, motor vehicle or other conveyance may be
held only until the accused has been admitted to bail as provided by Chapter 9
(&#xA7; 19.2-119 et seq.) of Title 19.2 or has been served with and released on
summons.

C. When any crustacea or shellfish of an accused are seized pursuant to the
provisions of this section, they may be destroyed at the discretion of the State
Health Commissioner, the Commissioner of Marine Resources or their designees. If
the accused is acquitted of the charges, he shall be compensated for their
value, based on the average selling price on the day of seizure.

HISTORY: Code 1950, § 28-166; 1962, c. 406, § 28.1-183; 1966, c. 684; 1989, c.
2; 1992, c. 836.