28.2-802 - Powers of officers charged with enforcement; entry to establishment; seizure; destruction. - Virginia Statutes

§ 28.2-802. Powers of officers charged with enforcement; entry toestablishment; seizure; destruction.

A. For the purpose of carrying out the provisions of this chapter, the StateHealth Commissioner and the Commissioner of Marine Resources or theirdesignees may enter any establishment located in the Commonwealth, wherecrustacea or shellfish may be found, and if it appears that any provision ofthis chapter has been violated, may, with or without a warrant, arrest anyperson who is or has been, or is believed to be or have been, in charge ofthe crustacea or shellfish and may seize, in the name of the Commonwealth,and take possession of such crustacea or shellfish.

B. The State Health Commissioner and the Commissioner of Marine Resources, ortheir designees, may seize and take possession of any boat, vessel, barge,car, motor vehicle or other conveyance used in violation of any provision ofthis chapter. Such boat, vessel, barge, car, motor vehicle or otherconveyance may be held only until the accused has been admitted to bail asprovided by Chapter 9 (§ 19.2-119 et seq.) of Title 19.2 or has been servedwith and released on summons.

C. When any crustacea or shellfish of an accused are seized pursuant to theprovisions of this section, they may be destroyed at the discretion of theState Health Commissioner, the Commissioner of Marine Resources or theirdesignees. If the accused is acquitted of the charges, he shall becompensated for their value, based on the average selling price on the day ofseizure.

(Code 1950, § 28-166; 1962, c. 406, § 28.1-183; 1966, c. 684; 1989, c. 2;1992, c. 836.)