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2015 SESSION
15101365DBe it enacted by the General Assembly of Virginia:
1. That § 3.2-5135 of the Code of Virginia is amended and reenacted as follows:
§ 3.2-5135. Authority to seize food and dairy products; analysis; disposition of remainder.
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 for sale, exposed for sale, or held in possession or under the control of any person that in the opinion of the Commissioner are believed to be in violation of any provision of law.
B. When the Commissioner seizes any goods pursuant to
subsection A, he shall may take a sample from the
goods for the purpose of analysis, box and seal the
remainder, and shall
leave the remainder in the possession of the person from whom they were seized,
subject to the determined disposition.
C. Any person making a seizure under this section shall
forward the
any sample taken pursuant to
subsection B that in the determination
of the Commissioner requires laboratory
analysis to the Division of Consolidated Laboratory Services of the Department of General Services (the
Division). The Division of
Consolidated Laboratory Services shall turn over the sample
to a qualified analyst who shall analyze the sample
and certify the results of the analysis. Their Where
the qualified analyst is an employee of the Division, the
analyst's certificate shall be prima facie evidence of the
facts certified to,
in an
any appropriate court where the sample may be offered in
evidence.