Virginia Code 54.1-4305: Prohibited sale of certain merchandise; penalty
Current as of: 2024 | Check for updates
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A. No itinerant merchant shall offer for sale or knowingly permit the sale of any infant formula, baby formula or nonprescription drugs. This section shall not apply to any person who maintains for public inspection a valid authorization identifying such person as an authorized representative of the manufacturer or distributor of the prohibited merchandise.
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 6 months | up to $1,000 |
| Class 3 misdemeanor | up to $500 |
Terms Used In Virginia Code 54.1-4305
- baby formula: means any food manufactured, packaged and labeled specifically for sale for consumption by a child under the age of two years. See Virginia Code 54.1-4300
- Conviction: A judgement of guilt against a criminal defendant.
- Itinerant merchant: means a merchant who transports an inventory of new merchandise to a building, vacant lot, or other location and who, at that location, displays, sells or offers to sell the new merchandise to the public. See Virginia Code 54.1-4300
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
B. Any person convicted of violating this section shall be guilty of a Class 3 misdemeanor on the first offense. Upon conviction of any subsequent offense he shall be guilty of a Class 2 misdemeanor.