The Commissioner is empowered, in the performance of his duties, to enter into any place where he has reason to believe food or drink is made, stored, sold, or offered for sale, and open any cask, tub, jar, bottle, or package containing or supposed to contain, any article of food or drink, and examine or cause to be examined the contents, and take samples for analysis. The person making such inspection shall take samples of the article or produce in the presence of at least one witness, and shall, in the presence of the witness, mark or seal the sample. The inspector shall tender at the time of taking to the manufacturer or vendor of the product, or to the person having the custody of the product, the value thereof, and the statement in writing for the taking of the sample.
Code 1950, § 3-326; 1966, c. 702, § 3.1-405; 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