Code of Virginia - Title 3.2 Agriculture, Animal Care, And Food - Chapter 51 Food And Drink

3.2-5100 (Effective October 1, 2008) Duties of Commissioner.
A. It shall be the duty of the Commissioner to inquire into the dairy and food and drink products, and the articles that are food ...

3.2-5101 (Effective October 1, 2008) Board authorized to adopt regulations; exception.
A. Whenever in the judgment of the Commissioner action will promote honesty and fair dealing in the interest of consumers, the Board shall adopt regulations ...

3.2-5102 (Effective October 1, 2008) Commissioner to have access to factories, warehouses, and other places...
The Commissioner shall have free access at all reasonable hours to any factory, warehouse, or establishment in which foods are manufactured, processed, packed, or held ...

3.2-5103 (Effective October 1, 2008) Standards of variability permissible to any article of food.
The Commissioner with the approval of the Board shall establish and publish standards or limits of variability permissible in any article of food, and these ...

3.2-5104 (Effective October 1, 2008) Chemical work incident to execution of laws.
The chemical work incident to the execution of the provisions of this chapter shall be provided by the Division of Consolidated Laboratory Services. (Code 1950, ...

3.2-5105 (Effective October 1, 2008) Definition of term "food."
The term "food" as used in this article means all articles used for food, drink, confectionery or condiment, whether simple, mixed or compound, and all ...

3.2-5106 (Effective October 1, 2008) Sanitary conditions of food establishments.
A. Every place used for the preparation for sale, manufacture, packing, storage, sale, or distribution of any food shall be properly lighted, drained, plumbed, and ...

3.2-5107 (Effective October 1, 2008) Plastering and painting sidewalls and ceilings; interior woodwork; floo...
A. Any place where food is manufactured, produced, prepared, processed, packed, or exposed shall: (i) keep its sidewalls and ceilings well plastered, wainscoted, or ceiled, ...

3.2-5108 (Effective October 1, 2008) Sleeping arrangements.
The sleeping places for persons employed in any food establishment shall be separate and apart from the room in which food products are manufactured or ...

3.2-5109 (Effective October 1, 2008) Washrooms and toilets.
Any place where food is manufactured, prepared, exposed, or offered for sale shall have a convenient washroom and toilet of sanitary construction, but such toilet ...

3.2-5110 (Effective October 1, 2008) Daily cleaning of instruments and machinery.
All trucks, trays, boxes, baskets, buckets, and other receptacles, chutes, platforms, racks, tables, shelves, and all knives, saws, cleavers, and other utensils and machinery used ...

3.2-5111 (Effective October 1, 2008) Food protected from flies, dust, and dirt.
Food in the process of manufacture, preparation, packing, storing, sale, or distribution, shall be protected from flies, dust, dirt, and all other foreign or injurious ...

3.2-5112 (Effective October 1, 2008) Clothing of employees.
The clothing of any worker or employee shall be clean. (Code 1950, § 3-291; 1966, c. 702, § 3.1-371; 2008, c. 860.) ...

3.2-5113 (Effective October 1, 2008) Employees with contagious or infectious disease.
No employer shall knowingly permit or require any person to work in any place where food is manufactured, produced, prepared, processed, packed, or exposed, who ...

3.2-5114 (Effective October 1, 2008) Smoking.
Smoking is prohibited in workrooms of food-producing establishments. (Code 1950, § 3-300; 1966, c. 702, § 3.1-379; 2008, c. 860.) ...

3.2-5115 (Effective October 1, 2008) Animals.
No animal shall be permitted in any area used for the manufacture or storage of food products. A guard or guide animal may be allowed ...

3.2-5116 (Effective October 1, 2008) Metal beverage containers with detachable metal pull tabs.
It is unlawful for any person to sell or offer for sale at retail within the Commonwealth any metal beverage container or any composite beverage ...

3.2-5117 (Effective October 1, 2008) Penalty for violation; misdemeanor.
Any person violating any of the provisions of §§ 3.2-5106 through 3.2-5116 is guilty of a Class 3 misdemeanor. (Code 1950, § 3-301.1; 1966, c. ...

3.2-5118 (Effective October 1, 2008) Sterilization of bottles and containers.
A. All bottles, jugs, cans, barrels, and containers used in the packing, bottling, storage, distribution, and sale of nonalcoholic beverage and drink products shall be ...

3.2-5119 (Effective October 1, 2008) Transportation or storage under unsanitary conditions; penalty...
A. It shall be unlawful for any person or any common carrier to permit unsanitary conditions to exist in the transportation or storage of an ...

3.2-5120 (Effective October 1, 2008) Definitions.
As used in this article, unless the context requires a different meaning: "Advertisement" means all representations disseminated in any manner or by any means, other ...

3.2-5121 (Effective October 1, 2008) Authority to adopt regulations; conformity with federal regulations; he...
A. The Board is authorized to adopt regulations for the efficient enforcement of this article, unless that authority is specifically granted to the Commissioner. The ...

3.2-5122 (Effective October 1, 2008) Adulterated food.
A food shall be deemed to be adulterated if: 1. It bears or contains any poisonous or deleterious substance that may render it injurious to ...

3.2-5123 (Effective October 1, 2008) Misbranded food.
A. A food shall be deemed to be misbranded: 1. If its labeling is false or misleading in any particular. 2. If any word, statement, ...

3.2-5124 (Effective October 1, 2008) Labeling as kosher and halal; penalty.
It is unlawful to label any repackaged food or food product or display or offer for sale any unwrapped food or food product that represents ...

3.2-5125 (Effective October 1, 2008) 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 ...

3.2-5126 (Effective October 1, 2008) Prohibited acts; exceptions; Commissioner may seek injunction; penaltie...
A. The following acts and causing the following acts within the Commonwealth are unlawful: 1. The manufacture, sale, or delivery, holding or offering for sale ...

3.2-5127 (Effective October 1, 2008) Removal of certain labels from meat packaging prohibited; penalty...
It is unlawful for any person holding or offering for retail sale any meat, poultry, or seafood in packaged form who affixes to such food ...

3.2-5128 (Effective October 1, 2008) Duty of attorney for the Commonwealth when violation reported; Commissi...
A. If the Commissioner institutes criminal proceedings against any person for any violation pursuant to this article, then: (i) he shall give appropriate notice to ...

3.2-5129 (Effective October 1, 2008) Definition of term "food."
The term "food" as used in this article means all articles used for food, drink, confectionery or condiment, whether simple, mixed or compound, and all ...

3.2-5130 (Effective October 1, 2008) Inspections required to operate food establishment.
A. It is unlawful to operate a food manufacturing plant, food storage warehouse, or retail food store until it has been inspected by the Commissioner. ...

3.2-5131 (Effective October 1, 2008) Right to enter and take samples.
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 ...

3.2-5132 (Effective October 1, 2008) Notice and warning to place premises in sanitary condition.
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 ...

3.2-5133 (Effective October 1, 2008) Failure to obey such notice and warning a misdemeanor.
Any person owning or operating any place where any food or drink products are manufactured, stored, deposited, or sold, failing to obey such notice and ...

3.2-5134 (Effective October 1, 2008) Condemnation of unsafe food by Commissioner.
If the Commissioner finds in any room, building, vehicle of transportation, or other structure, any meat, seafood, poultry, vegetable, fruit, or other perishable articles of ...

3.2-5135 (Effective October 1, 2008) Authority to seize food and dairy products; analysis; disposition of re...
A. The Commissioner is authorized at all times to seize and take possession of any and all food and dairy products, substitutes, or imitations kept ...

3.2-5136 (Effective October 1, 2008) Purchase of samples for analysis.
Any person who exposes or offers for sale or delivers to a purchaser any food shall furnish within business hours and upon tender and full ...

3.2-5137 (Effective October 1, 2008) Proceeding for forfeiture.
If upon laboratory analysis it appears that the food or dairy products are adulterated, substituted, misbranded, or imitated within the meaning of this chapter, the ...

3.2-5138 (Effective October 1, 2008) Judgment as to goods seized; procedure before an appropriate court; app...
Unless otherwise shown, or if the goods are found upon trial to be in violation of any of the provisions of this chapter or other ...

3.2-5139 (Effective October 1, 2008) Disposition of proceeds from sale of such goods.
The proceeds arising from any sale of seized property or goods shall be paid into the state treasury and credited to the general fund. If ...

3.2-5140 (Effective October 1, 2008) Attorney for the Commonwealth to render legal assistance.
It shall be the duty of the attorney for the Commonwealth when called upon by the Commissioner to render any legal assistance in his power ...

3.2-5141 (Effective October 1, 2008) General duty of attorneys for the Commonwealth; compensation.
Whenever a violation of any laws governing the manufacture and preparation for sale, storage, and sale of articles used as food or condiment by human ...

3.2-5142 (Effective October 1, 2008) Punishment for hindering Commissioner.
Any person who shall willfully hinder or obstruct the Commissioner in the exercise of the powers conferred upon him by this chapter is guilty of ...

3.2-5143 (Effective October 1, 2008) Enforcement against companies.
When construing and enforcing the provisions of this chapter and Chapters 52 (§ 3.2-5200 et seq.) and 54 (§ 3.2-5400 et seq.), the act, omission, ...

3.2-5144 (Effective October 1, 2008) Exemption from civil liability in certain cases.
A. Any farmer, processor, distributor, wholesaler, food service establishment, restaurant, or retailer of food, including a grocery, convenience, or other store selling food or food ...

3.2-5145 (Effective October 1, 2008) Punishment for failure to comply with requirements of certain chapters...
Any person who refuses to comply upon demand with the requirements of this chapter and Chapters 52 (§ 3.2-5200 et seq.) and 54 (§ 3.2-5400 ...