Whenever it is determined by the Commissioner that filthy or unsanitary conditions exist or are permitted to exist in the operation of any place where any food or drink products are manufactured, stored, deposited, or sold for any purpose, the proprietor or owner of the place, or any person owning or operating any place where any food or drink products are manufactured, stored, deposited, or sold, shall first be notified and warned by the Commissioner to establish in a sanitary condition within a reasonable length of time such place. After the first notice and warning of a violation has been issued no notice and warning of the same violation occurring within 90 days after the first notice and warning has been given as provided under § 3.2-5133 shall be required; provided that notice and warning shall be required as to any violation occurring more than 90 days after notice and warning has been given as to a violation.
Code 1950, § 3-327; 1956, c. 528; 1966, c. 702, § 3.1-406; 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