                                 CODE OF VIRGINIA

WITHHOLDING NONCOMPLYING REMEDIES FROM SALE; TAGGING, CONDEMNATION, DESTRUCTION,
AND CORRECTION OF ADULTERATED OR MISBRANDED REMEDIES (§ 3.2-4908)

A. The Commissioner shall require those animal remedies that are found or
believed not to comply with the provisions of this chapter to be withheld from
sale until he determines that the remedies are in compliance with such
provisions.

B. Whenever the Commissioner finds or has reasonable cause to believe an animal
remedy is adulterated or misbranded he shall affix to such article a tag or
other appropriate marking, giving notice that such article is, or is suspected
of being, adulterated or misbranded and has been detained and warning all
persons not to dispose of such article in any manner until permission is given
by the Commissioner or an appropriate court. Any such article may be removed
from display by the manufacturer or vendor, but shall remain on the premises.

C. If such a detained article is found, after examination and analysis, to be
adulterated or misbranded, the Commissioner may petition the judge of any
appropriate court in whose jurisdiction the article is detained for
condemnation. If the Commissioner finds that such detained article is not
adulterated or misbranded, he shall remove the tag or other marking.

D. If the court finds that a detained animal remedy is adulterated or
misbranded, such article shall, after entry of the decree, be destroyed, under
the supervision of the Commissioner, at the expense of the defendant. All court
costs and fees, and storage and other proper expenses, shall be paid by the
defendant or his agent.

E. If the adulteration or misbranding can be corrected by proper processing or
labeling of the article, an appropriate court, after entry of the decree and
after such costs, fees, and expenses have been paid and a sufficient bond,
conditioned that such article shall be so processed or labeled, has been
executed, may order such article to be delivered to the defendant for such
processing or labeling under the supervision of the Commissioner. The expense of
such supervision shall be paid by the defendant. The bond shall be returned to
the defendant on the representation to the court by the Commissioner that the
article no longer violates any of the provisions of this chapter and that
expenses incident to such proceeding were paid.

HISTORY: Code 1950, § 3-646.4; 1956, c. 517; 1966, c. 702, § 3.1-833; 1994, c.
910; 2008, c. 860.