Code of Virginia
Chapter 51 - Food and Drink
§ 3.2-5122. Adulterated food

A food shall be deemed to be adulterated if:
1. It bears or contains any poisonous or deleterious substance that may render it injurious to health; but if the substance is not an added substance the food shall not be considered adulterated under this subdivision if the quantity of the substance in the food does not ordinarily render it injurious to health;
2. It bears or contains any added poisonous or added deleterious substance that is unsafe within the meaning of § 3.2-5125;
3. It consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food;
4. It has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health;
5. It is the product of a diseased animal, an animal that has died otherwise than by slaughter, or an animal that has been fed upon the uncooked offal from a slaughterhouse;
6. Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health;
7. Any valuable constituent has been, in whole or in part, omitted or abstracted;
8. Any substance has been substituted in whole or in part for a valuable constituent;
9. Damage or inferiority has been concealed in any manner;
10. Any substance has been added or mixed or packed with the food so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is;
11. It is confectionery and it bears or contains any alcohol or nonnutritive article or substance, except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent, harmless natural gum, and pectin. In addition, any confectionery that: (i) contains five percent or less by volume of alcohol or; (ii) any chewing gum that contains harmless nonnutritive masticatory substances, shall not be deemed adulterated; or
12. It bears or contains a coal-tar color other than one from a batch that has been certified by the U.S. Department of Health and Human Services.
Code 1950, § 3-315; 1966, c. 702, § 3.1-395; 1988, c. 110; 2008, c. 860.

Structure Code of Virginia

Code of Virginia

Title 3.2 - Agriculture, Animal Care, and Food

Chapter 51 - Food and Drink

§ 3.2-5100. Duties of Commissioner

§ 3.2-5101. Board authorized to adopt regulations; exception

§ 3.2-5102. Commissioner to have access to factories, warehouses, and other places; examination of samples

§ 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

§ 3.2-5114. Smoking

§ 3.2-5115. Animals

§ 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

§ 3.2-5120. Definitions

§ 3.2-5121. Authority to adopt regulations; conformity with federal regulations; hearings; enforcement of article; review of regulations

§ 3.2-5122. Adulterated food

§ 3.2-5123. Misbranded food

§ 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

§ 3.2-5128. Duty of attorney for the Commonwealth when violation reported; Commissioner to give notice

§ 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

§ 3.2-5145.1. Definitions

§ 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

§ 3.2-5145.4. Industrial hemp extract requirements

§ 3.2-5145.5. Regulations