                                 CODE OF VIRGINIA

PROCEEDING FOR FORFEITURE (§ 3.2-5137)

If upon laboratory analysis it appears that the food or dairy products are
adulterated, substituted, misbranded, or imitated within the meaning of this
chapter, the Commissioner may make complaint before a magistrate, or other
officer authorized to issue summons, having jurisdiction where the goods were
seized. The magistrate or other officer shall issue his summons to the person
from whom the goods were seized, directing him to appear before an appropriate
court in such jurisdiction not less than six nor more than 12 days from the date
of issuing the summons and show cause why the goods should not be condemned and
disposed of. If the person from whom the goods were seized cannot be found, then
the summons shall be served upon the person then in possession of the goods. The
summons shall be served at least six days before the time of appearance
mentioned therein. If the person from whom the goods were seized cannot be
found, and no one can be found in possession of the goods, and the defendant
shall not appear on the return day, then an appropriate court shall proceed in
the cause in the same manner as where a writ of attachment is returned not
personally served upon any of the defendants and none of the defendants shall
appear upon the return day.

HISTORY: Code 1950, § 3-332; 1966, c. 702, § 3.1-411; 2005, c. 839; 2008, c.
860.