Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Section 3.1-411 (Repealed effective October 1, 2008) Proceeding for forfeiture

§ 3.1-411. (Repealed effective October 1, 2008) Proceeding for forfeiture

If upon such analysis it shall appear that the food or dairy products are adulterated, substituted, misbranded, or imitated within the meaning of this chapter, the Commissioner, or his deputy, or any person by him duly authorized may make complaint before a magistrate, or other officer authorized to issue such summons, having jurisdiction where such goods were seized, and thereupon the magistrate or other officer shall issue his summons to the person from whom such goods were seized, directing him to appear before the general district court in such jurisdiction not less than six nor more than 12 days from the date of issuing the summons and show cause why the goods should not be condemned and disposed of. If the person from whom the goods were seized cannot be found, the summons shall be served upon the person then in possession of the goods. The summons shall be served at least six days before the time of appearance mentioned therein. If the person from whom the goods were seized cannot be found, and no one can be found in possession of the goods, and the defendant shall not appear on the return day, then the general district court shall proceed in the cause in the same manner as where a writ of attachment is returned not personally served upon any of the defendants and none of the defendants shall appear upon the return day.

(Code 1950, § 3-332; 1966, c. 702; 2005, c. 839.)

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Last modified: April 2, 2009