A. The Commissioner shall inquire into the dairy and food and drink products, and the articles that are food or drinks, or the necessary constituents of the food or drinks, that are manufactured, sold, exposed, or offered for sale in the Commonwealth.
B. The Commissioner may procure samples of the dairy and food products covered by this chapter and may have the samples analyzed.
C. The Commissioner shall issue a permit to any food manufacturer, food storage warehouse, or retail food establishment that, after inspection, is determined to be in compliance with all applicable provisions of this chapter and any regulations adopted thereunder. The Commissioner shall notify any applicant denied a permit of the reason for such denial. Any food manufacturer, food storage warehouse, or retail food establishment issued a permit pursuant to this subsection shall be exempt from any other license, permit, or inspection required for the sale, preparation, or handling of food unless such food manufacturer, food storage warehouse, or retail food establishment is operating as (i) a restaurant as defined in Title 35.1, as jointly determined by the State Health Commissioner and the Commissioner; (ii) a plant that processes and distributes Grade A milk as referenced in this title, as determined by the State Health Commissioner; or (iii) a shellfish establishment as defined in Title 28.2, as determined by the State Health Commissioner.
D. The Commissioner shall make a complaint against the manufacturer or vendor of any food or drink or dairy products that are adulterated, impure, or unwholesome, in contravention of the laws of the Commonwealth, and furnish all evidence to obtain a conviction of the offense charged. The Commissioner may make complaint and cause proceedings to be commenced against any person for enforcement of the laws relative to adulteration, impure, or unwholesome food or drink, and in such cases he shall not be obliged to furnish security for costs.
E. The Commissioner may develop criteria to determine if food manufacturers that are operating in a building deemed, in consultation with the Director of the Department of Historic Resources, to be historic are producing food products that are low risk of being adulterated. If, pursuant to such criteria, any such manufacturer is producing food products that are deemed to be low risk, the Commissioner may exempt the food manufacturer from specified provisions of this chapter, or regulations adopted thereunder, that pertain to the structure of the building, provided that the Commissioner determines that such exemption is unlikely to result in the preparation for sale, manufacture, packing, storage, sale, or distribution of any food that is adulterated, as defined in § 3.2-5122.
Code 1950, §§ 3-323 to 3-325; 1966, c. 702, §§ 3.1-402 to 3.1-404; 1972, c. 741; 2008, c. 860; 2022, cc. 204, 291.
Structure Code of Virginia
Title 3.2 - Agriculture, Animal Care, and Food
§ 3.2-5100. Duties of Commissioner
§ 3.2-5101. Board authorized to adopt regulations; exception
§ 3.2-5103. Standards of variability permissible to any article of food
§ 3.2-5104. Chemical work incident to execution of laws
§ 3.2-5105. Definition of term "food."
§ 3.2-5106. Sanitary conditions of food establishments
§ 3.2-5107. Plastering and painting sidewalls and ceilings; interior woodwork; floors
§ 3.2-5108. Sleeping arrangements
§ 3.2-5109. Washrooms and toilets
§ 3.2-5110. Daily cleaning of instruments and machinery
§ 3.2-5111. Food protected from flies, dust, and dirt
§ 3.2-5112. Clothing of employees
§ 3.2-5113. Employees with contagious or infectious disease
§ 3.2-5116. Metal beverage containers with detachable metal pull tabs
§ 3.2-5117. Penalty for violation; misdemeanor
§ 3.2-5118. Sterilization of bottles and containers
§ 3.2-5119. Transportation or storage under unsanitary conditions; penalty
§ 3.2-5124. Labeling as kosher and halal; penalty
§ 3.2-5125. Poisonous or deleterious substance added to food
§ 3.2-5126. Prohibited acts; exceptions; Commissioner may seek injunction; penalties
§ 3.2-5127. Removal of certain labels from meat packaging prohibited; penalty
§ 3.2-5129. Definition of term "food."
§ 3.2-5130. Inspections required to operate food establishment
§ 3.2-5131. Right to enter and take samples
§ 3.2-5132. Notice and warning to place premises in sanitary condition
§ 3.2-5133. Failure to obey such notice and warning a misdemeanor
§ 3.2-5134. Condemnation of unsafe food by Commissioner
§ 3.2-5135. Authority to seize food and dairy products; analysis; disposition of remainder
§ 3.2-5136. Purchase of samples for analysis
§ 3.2-5137. Proceeding for forfeiture
§ 3.2-5138. Judgment as to goods seized; procedure before an appropriate court; appeal
§ 3.2-5139. Disposition of proceeds from sale of such goods
§ 3.2-5140. Attorney for the Commonwealth to render legal assistance
§ 3.2-5141. General duty of attorneys for the Commonwealth; compensation
§ 3.2-5142. Punishment for hindering Commissioner
§ 3.2-5143. Enforcement against companies
§ 3.2-5144. Exemption from civil and criminal liability in certain cases
§ 3.2-5145. Punishment for failure to comply with requirements of certain chapters
§ 3.2-5145.2. Industrial hemp extract; approved food
§ 3.2-5145.2:1. Sellers of industrial hemp extract
§ 3.2-5145.3. Manufacturer of industrial hemp extract or food containing an industrial hemp extract