Code of Virginia
Chapter 51 - Food and Drink
§ 3.2-5125. Poisonous or deleterious substance added to food

Any poisonous or deleterious substance added to any food, except if it is required in the production of the food or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of subdivision 2 of § 3.2-5122; but when any poisonous or deleterious substance is required or cannot be avoided, the Board shall adopt regulations limiting the quantity to such extent as it finds necessary for the protection of public health. Any quantity exceeding the limits established by the Board shall also be deemed to be unsafe for purposes of the application of subdivision 2 of § 3.2-5122. While such regulation is in effect limiting the quantity of any poisonous or deleterious substance in any food, such food shall not, by reason of bearing or containing any added amount of such substance, be considered to be adulterated within the meaning of subdivision 1 of § 3.2-5122 if the added amount is not in excess of the limits established by the Board. In determining the quantity of any added substance to be tolerated in or on different articles of food, the Board shall take into account the extent to which the use of such substance is required or cannot be avoided in the production of each article, and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.
Code 1950, §§ 3-317, 3-343; 1966, c. 702, §§ 3.1-397, 3.1-422; 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