3.2-5135 - Authority to seize food and dairy products; analysis; disposition of remainder.
§ 3.2-5135. Authority to seize food and dairy products; analysis; dispositionof remainder.
A. The Commissioner is authorized at all times to seize and take possessionof any and all food and dairy products, substitutes, or imitations kept forsale, exposed for sale, or held in possession or under the control of anyperson that in the opinion of the Commissioner are believed to be inviolation of any provision of law.
B. When the Commissioner seizes any goods pursuant to subsection A, he shalltake a sample from the goods for the purpose of analysis, box and seal theremainder, and leave the remainder in the possession of the person from whomthey were seized, subject to the determined disposition.
C. Any person making a seizure under this section shall forward the sampletaken to the Division of Consolidated Laboratory Services. The Division ofConsolidated Laboratory Services shall turn over the sample to a qualifiedanalyst who shall certify the results of the analysis. Their certificateshall be prima facie evidence of the facts certified to, in an appropriatecourt where the sample may be offered in evidence.
(Code 1950, §§ 3-329 to 3-331; 1966, c. 702, §§ 3.1-408 to 3.1-410; 1978, c.702; 2008, c. 860.)