Virginia Code 3.2-5151: (For expiration date, see Editor’s notes) Authority to condemn or destroy covered produce
A. If the Commissioner believes any covered produce on a covered farm that is being grown, kept, or exposed for sale or held in possession or under the control of any person to be in violation of any provision of 21 C.F.R. part 112, this chapter, or regulations of the Board adopted pursuant to § 3.2-5148, the Commissioner is authorized to condemn, destroy, or require the destruction of such covered produce.
Terms Used In Virginia Code 3.2-5151
- Board: means the Board of Agriculture and Consumer Services. See Virginia Code 3.2-100
- Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- covered farm: as used in this chapter , unless the context requires a different meaning. See Virginia Code 3.2-5147
- Covered produce: includes all of the following:
1. See Virginia Code 3.2-5146
- 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. Prior to condemning, destroying, or requiring the destruction of covered produce pursuant to subsection A, the Commissioner shall seize the covered produce in accordance with § 3.2-5150 and either:
1. Secure written agreement to the condemnation or destruction, on a form to be provided by the Commissioner, from the person from whom the covered produce was seized; or
2. Make complaint before a magistrate pursuant to § 3.2-5152.
2017, c. 574.