Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Chapter 20 Food And Drink Generally

3.1-361 (Repealed effective October 1, 2008) Powers and duties of former Dairy and Food Commissione...
All the powers conferred and all the duties imposed by law upon the former Dairy and Food Commissioner and the Deputy Dairy and Food Commissioner ...

3.1-362 Description unavailable
Repealed by Acts 2004, c. 58. ...

3.1-363 (Repealed effective October 1, 2008) Chemical work incident to execution of laws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, ...

3.1-364 (Repealed effective October 1, 2008) Standards of variability permissible to any article of foo...
The Commissioner with the approval of the Board shall from time to time, fix and publish standards or limits of variability permissible in any article ...

3.1-365 (Repealed effective October 1, 2008) Meaning of term "food."
The term "food" as used herein shall include all articles used for food, drink, confectionery or condiment, whether simple, mixed or compound, and all substances ...

3.1-366 (Repealed effective October 1, 2008) Lights, drains, plumbing, ventilation and general purity and w...
Every building, room, basement or cellar occupied or used as a bakery, confectionery, cannery, packinghouse, slaughterhouse, dairy, creamery, cheese factory, restaurant, hotel, grocery, meat market ...

3.1-367 (Repealed effective October 1, 2008) Floors, walls, ceilings, furniture, implements, etc
The floors, sidewalls, ceilings, furniture, receptacles, implements and machinery of every establishment where food is manufactured, packed, stored, sold or distributed, shall at all times ...

3.1-368 (Repealed effective October 1, 2008) Protection from flies, dust and dirt
Food in the process of manufacture, preparation, packing, storing, sale or distribution, must be securely protected from flies, dust, dirt and as far as may ...

3.1-369 (Repealed effective October 1, 2008) Matter subject to decomposition and fermentation
All refuse, dirt and the waste products subject to decomposition and fermentation incident to the manufacture, preparation, packing, storing, selling and distributing of food, must ...

3.1-370 (Repealed effective October 1, 2008) Daily cleaning of instruments and machinery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 ...

3.1-371 (Repealed effective October 1, 2008) Clothing of employees
The clothing of operatives, employees, clerks, or other persons must be clean. (Code 1950, § 3-291; 1966, c. 702.) ...

3.1-372 (Repealed effective October 1, 2008) Plastering and painting sidewalls and ceilings
The sidewalls and ceilings of every bakery, confectionery, creamery, cheese factory, hotel and restaurant kitchen, shall be well plastered, wainscoted, or ceiled, preferably with metal ...

3.1-373 (Repealed effective October 1, 2008) Washing interior woodwork
All interior woodwork in every bakery, confectionery, creamery, cheese factory, hotel and restaurant kitchen shall be kept washed and clean with soap and water. (Code ...

3.1-374 (Repealed effective October 1, 2008) Floors
Every building, room, basement or cellar occupied or used for the preparation, manufacture, packing, storage, sale or distribution of food, shall have an impermeable floor ...

3.1-375 (Repealed effective October 1, 2008) Sleeping arrangements
The sleeping place or places for persons employed in such establishments shall be separate and apart from the room in which food products are manufactured ...

3.1-376 (Repealed effective October 1, 2008) Domestic animals
No domestic animals shall be permitted to remain in any room used for the manufacture or storage of food products. (Code 1950, § 3-297; 1966, ...

3.1-377 (Repealed effective October 1, 2008) Employees with contagious or infectious disease
No employer shall knowingly permit, require or suffer any person to work in a bakery, confectionery, cheese factory, dairy, creamery, hotel or restaurant kitchen, who ...

3.1-378 Description unavailable
Repealed by Acts 1997, c. 122. ...

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

3.1-380 (Repealed effective October 1, 2008) Washrooms and toilets
Every place in which human foods are manufactured, prepared, exposed or offered for sale shall be provided with a convenient washroom and toilet of sanitary ...

3.1-381 (Repealed effective October 1, 2008) Penalty for violation of preceding sections
Any person, firm, corporation or association violating any of the provisions of the preceding sections of this article shall be guilty of a misdemeanor, and ...

3.1-382 (Repealed effective October 1, 2008) Sterilization of bottles and containers
All bottles, jugs, cans, barrels and containers used in the packing, bottling, storage, distribution and sale of nonalcoholic beverage and drink products must be sterilized ...

3.1-382.1 (Repealed effective October 1, 2008) Metal beverage containers with detachable metal pull tab...
On and after January 1, 1979, no person shall sell or offer for sale at retail within the Commonwealth any metal beverage container or any ...

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, ...

3.1-384 (Repealed effective October 1, 2008) Selling unsound provisions, how punished
If any person knowingly sell any diseased, corrupted, or unwholesome food, whether meat or drink, intended for human consumption, without making the same known to ...

3.1-385 (Repealed effective October 1, 2008) Transportation or storage under insanitary condition...
It shall be unlawful for any person, firm or corporation, or for any transportation company, express company, railroad company or steamboat company or any common ...

3.1-385.1 through 3.1-385.8
Repealed by Acts 2003, c. 952. ...

3.1-386 (Repealed effective October 1, 2008) Title
This article may be known, designated and cited as the "Virginia Food Act." (Code 1950, § 3-306; 1966, c. 702.) ...

3.1-387 (Repealed effective October 1, 2008) Definitions
For the purpose of this article: (1) The term "Commissioner" means the Commissioner of Agriculture and Consumer Services. The term "Board" means the Board of ...

3.1-388 (Repealed effective October 1, 2008) Prohibited acts
The following acts and the causing thereof within the Commonwealth are hereby prohibited: (a) The manufacture, sale, or delivery, holding or offering for sale of ...

3.1-388.1 (Repealed effective October 1, 2008) Removal of certain labels from meat packaging prohibited; pena...
If any person holding or offering for retail sale any meat, poultry or seafood in packaged form affixes to such food a label containing a ...

3.1-389 (Repealed effective October 1, 2008) Injunctions to prevent violations; exceptions as to certain pu...
In addition to the remedies hereinafter provided the Commissioner is authorized to apply to any court of record in the Commonwealth for, and such court ...

3.1-390 (Repealed effective October 1, 2008) Penalties; exceptions as to certain persons
(a) Any person who violates any of the provisions of § 3.1-388 shall be guilty of a misdemeanor and shall on conviction thereof be punished ...

3.1-391 (Repealed effective October 1, 2008) Condemnation of unsafe food by Commissioner
Whenever the Commissioner acting through any of his authorized agents shall find in any room, building, vehicle of transportation or other structure, any meat, seafood, ...

3.1-392 (Repealed effective October 1, 2008) Duty of attorney for the Commonwealth when violation reported...
It shall be the duty of each attorney for the Commonwealth, to whom the Commissioner reports any violation of this article, to cause appropriate proceedings ...

3.1-393 (Repealed effective October 1, 2008) Notice or warning as to minor violation
Nothing in this article shall be construed as requiring the Commissioner to report for the institution of proceedings under this article, minor violations of this ...

3.1-394 (Repealed effective October 1, 2008) Commissioner authorized to make regulations as to food labelin...
Whenever in the judgment of the Commissioner such action will promote honesty and fair dealing in the interest of consumers, the Board shall promulgate regulations ...

3.1-395 (Repealed effective October 1, 2008) When food deemed adulterated
A food shall be deemed to be adulterated: (a) (1) If it bears or contains any poisonous or deleterious substance which may render it injurious ...

3.1-396 (Repealed effective October 1, 2008) When food deemed misbranded
A food shall be deemed to be misbranded: (a) If its labeling is false or misleading in any particular. (b) If it is offered for ...

3.1-396.1 (Repealed effective October 1, 2008) Labeling as kosher and halal; penalty.
It shall be unlawful to label any repackaged food or food product or display or offer for sale any unwrapped food or food product that ...

3.1-397 (Repealed effective October 1, 2008) Food to which poisonous or deleterious substance adde...
Any poisonous or deleterious substance added to any food except where such substance is required in the production thereof or cannot be avoided by good ...

3.1-398 (Repealed effective October 1, 2008) Authority to make regulations; conformity with federal regulat...
A. The authority to promulgate regulations for the efficient enforcement of this article is hereby vested in the Board, unless specially conferred on the Commissioner. ...

3.1-398.1 (Repealed effective October 1, 2008) Inspections required to operate food establishment
No person shall operate a food manufacturing plant, food storage warehouse, or retail food store until it has been inspected by the Commissioner. This section ...

3.1-399 (Repealed effective October 1, 2008) Commissioner to have access to factories, warehouses and othe...
The Commissioner, acting through his duly authorized agents, shall have free access at all reasonable hours to any factory, warehouse, or establishment in which foods ...

3.1-400 (Repealed effective October 1, 2008) Publication of reports as to judgments, decrees and court orde...
The Commissioner shall cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this ...

3.1-401 (Repealed effective October 1, 2008) Judges to charge grand juries; attorney for the Commonwealth t...
For the purpose of a more rigid enforcement of the law prohibiting the sale of adulterated and misbranded foods in the Commonwealth, it shall be ...

3.1-402 (Repealed effective October 1, 2008) Duty of Commissioner in general
It shall be the duty of the Commissioner to inquire carefully into the dairy and food and drink products, and the several articles which are ...

3.1-403 (Repealed effective October 1, 2008) Duty of Commissioner as to procuring and having samples analyz...
The Commissioner may, in a lawful manner, procure and have analyzed samples of the dairy and food products covered by this chapter. (Code 1950, § ...

3.1-404 (Repealed effective October 1, 2008) Duty of Commissioner to make complaints against manufacturers ...
It shall be the duty of the Commissioner to make a complaint against the manufacturer or vender of any such food or drink or dairy ...

3.1-405 (Repealed effective October 1, 2008) Right to enter and take samples
The Commissioner shall have power, in the performance of his duties, to enter into any creamery, factory, store, salesroom, drugstore or laboratory, or place where ...

3.1-406 (Repealed effective October 1, 2008) Notice and warning to place premises in sanitary conditio...
Whenever it is determined by the Commissioner, or assistants, that filthy or unsanitary conditions exist or are permitted to exist in the operation of any ...

3.1-407 (Repealed effective October 1, 2008) Failure to obey such notice and warning a misdemeano...
Any person owning or operating any bakery, confectionery or ice cream plant, or any place where any food or drink products are manufactured, stored, deposited ...

3.1-408 (Repealed effective October 1, 2008) Authority to seize food and dairy products
The Commissioner, or any person by the Commissioner duly appointed for that purpose, is authorized at all times to seize and take possession of any ...

3.1-409 (Repealed effective October 1, 2008) Sample of goods seized to be taken for analysis; disposition o...
The person so making such seizure, shall take from such goods as seized a sample for the purpose of analysis and shall cause the remainder ...

3.1-410 (Repealed effective October 1, 2008) Samples forwarded to Division of Consolidated Laboratory Servi...
The person so making such seizure shall forward the sample so taken to the Division of Consolidated Laboratory Services who shall turn over the same ...

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, ...

3.1-412 (Repealed effective October 1, 2008) Judgment as to goods seized; procedure before general distric...
Unless cause to the contrary thereof is shown, or if the goods shall be found upon trial to be in violation of any of the ...

3.1-413 (Repealed effective October 1, 2008) Disposition of proceeds from sale of such goods
The proceeds arising from any such sale shall be paid into the state treasury and credited to the general fund; provided, that if the owner ...

3.1-414 (Repealed effective October 1, 2008) Prosecuting attorney to render legal assistance
It shall be the duty of the prosecuting attorney when called upon by the Commissioner, or by any person by him authorized as aforesaid, to ...

3.1-415 (Repealed effective October 1, 2008) General duty of attorneys for the Commonwealth; compensatio...
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 ...

3.1-416 (Repealed effective October 1, 2008) Punishment for hindering Commissioner
Any person who shall willfully hinder or obstruct the Commissioner, or other persons or assistants by him duly authorized, in the exercise of the powers ...

3.1-417 (Repealed effective October 1, 2008) Purchase of samples for analysis
Every person who exposes or offers for sale or delivers to a purchaser any food, shall furnish within business hours and upon tender and full ...

3.1-418 (Repealed effective October 1, 2008) Punishment for failure to comply with requirements of titl...
Any manufacturer, dealer or person who refuses to comply upon demand with the requirements of Chapters 20 (§ 3.1-361 et seq.), 21 (§ 3.1-420 et ...

3.1-418.1 (Repealed 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, but not limited to, a grocery, convenience or other store ...

3.1-419 (Repealed effective October 1, 2008) Enforcement against companies
When construing and enforcing the provisions of Chapters 20 (§ 3.1-361 et seq.), 21 (§ 3.1-420 et seq.), and 30 (§ 3.1-867 et seq.) of ...