The Commissioner shall have free access at all reasonable hours to any factory, warehouse, or establishment in which foods are manufactured, processed, packed, or held for introduction into commerce, or to enter any vehicle being used to transport or hold such foods in commerce, or any store, restaurant, or other place in which food is being offered for sale for the purpose of:
1. Inspecting such factory, warehouse, establishment, or vehicle to determine if any of the provisions of this chapter are being violated; and
2. Securing samples or specimens of any food after paying or offering to pay for such sample. It shall be the duty of the Commissioner to make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of this chapter is being violated.
This section shall not apply to nonprofit organizations holding one-day food sales.
Code 1950, § 3-319; 1966, c. 702, § 3.1-399; 2003, c. 420; 2008, c. 860.
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