Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Section 3.1-383 (Repealed effective October 1, 2008) Food forbidden to be sold; seizure; prosecution and punishment...

§ 3.1-383. (Repealed effective October 1, 2008) Food forbidden to be sold; seizure; prosecution and punishment...

It shall be unlawful for any person to sell or to offer or expose for sale for human food any article which has been prepared, handled or kept where the sanitary conditions are such that the article is rendered unhealthy, unwholesome, deleterious, or otherwise unfit for human food, or which consists in whole or in part of diseased, filthy, decomposed or putrid animal or vegetable matter.

The Commissioner, his agents or assistants, and all peace and health officers shall have the power and are required to seize any and all articles which are offered or exposed for sale for human food, which have been prepared, handled or kept where the sanitary conditions are such that the article is rendered unhealthy, unwholesome, deleterious or otherwise unfit for human food, or which consist in whole or in part of diseased, filthy, decomposed or putrid animal or vegetable matter; and shall present the same forthwith before a magistrate, or other officer authorized to issue such warrants, together with all information obtained, and the magistrate or other officer shall, upon sworn complaint being filed, issue a warrant, for the arrest of any person charged in any such complaint with a violation of the provisions of this section, returnable before the general district court, which shall proceed to try the case. Any person who shall violate any of the provisions of this section, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $10 nor more than $100, and the article or articles of food in question shall be destroyed.

The Commissioner, his agents or assistants, and all peace and health officers in the execution of the provisions of this section, shall have full right to enter and inspect all places in which any articles of human food are stored, offered or exposed for sale; and any person who shall hinder or obstruct any of the officers in the discharge of the authority or duty imposed by the provisions of this section shall be guilty of a violation of the same.

(Code 1950, § 3-303; 1966, c. 702; 2005, c. 839; 2008, cc. 551, 691.)

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Last modified: April 2, 2009