The Commissioner shall enforce the provisions of this article and is empowered to:
1. Enter and inspect every place where agricultural products are produced, packed, stored for sale, shipped, delivered for shipment, in transit or offered for sale; and to inspect such places and any or all agricultural products, containing markings of any kind that indicate grade, classification, quality, condition, size, variety and quantity, and containers or equipment found at or in such places. It is unlawful for anyone to prevent, hinder or interfere with the Commissioner or his agent in the exercise of any power under this subdivision;
2. To approve, superintend, control and discharge such inspectors, subordinate inspectors and agents as in his discretion may be deemed necessary for the purpose of enforcing the provisions of this article; and to prescribe their duties and fix their compensation;
3. Prohibit the movement of any agricultural product found to be marked in violation of any of the provisions of this article, prior to the product being accepted by a common carrier for shipment in interstate transit. Such product shall be repacked or remarked. A lot of any agricultural product shall not be considered accepted by a common carrier until the common carrier is loaded, sealed, and the bill of lading issued; and
4. Cause to be instituted through the attorney for the Commonwealth prosecutions for violations of this article.
Code 1950, § 3-262; 1966, c. 702, § 3.1-341; 2008, c. 860; 2020, c. 317.
Structure Code of Virginia
Title 3.2 - Agriculture, Animal Care, and Food
Chapter 43 - Grades, Marks, and Brands
§ 3.2-4302. Establishment of grades, marks, and brands
§ 3.2-4303. Grades recommended by U.S. Department of Agriculture
§ 3.2-4304. When special grades, marks, and brands allowed; filing a certificate
§ 3.2-4305. Unclassified products
§ 3.2-4306. Enforcement powers of Commissioner
§ 3.2-4307. When products considered as offered for sale
§ 3.2-4308. Grades and brands shall be used in accordance with regulations
§ 3.2-4309. Unlawful removal of markings
§ 3.2-4310. Penalty for violation
§ 3.2-4311. Defenses to prosecution
§ 3.2-4313. Use of Virginia Quality Label to designate inspected products
§ 3.2-4314. Collaboration with United States authorities
§ 3.2-4316. Preparation and use of Label by producer; design to be determined by Commissioner
§ 3.2-4317. Virginia Quality Label Fund established
§ 3.2-4318. Jurisdiction to enjoin unlawful use of Label
§ 3.2-4319. Certificate as evidence
§ 3.2-4320. Restrictions as to use of Label
§ 3.2-4321. Penalties for misuse or unauthorized use of Virginia Quality Label
§ 3.2-4323. Commissioner authorized to require registration; forms
§ 3.2-4325. Grain handlers to register if required by Commissioner