3.2-5137 - Proceeding for forfeiture. - Virginia Statutes

§ 3.2-5137. Proceeding for forfeiture.

If upon laboratory analysis it appears that the food or dairy products areadulterated, substituted, misbranded, or imitated within the meaning of thischapter, the Commissioner may make complaint before a magistrate, or otherofficer authorized to issue summons, having jurisdiction where the goods wereseized. The magistrate or other officer shall issue his summons to the personfrom whom the goods were seized, directing him to appear before anappropriate court in such jurisdiction not less than six nor more than 12days from the date of issuing the summons and show cause why the goods shouldnot be condemned and disposed of. If the person from whom the goods wereseized cannot be found, then the summons shall be served upon the person thenin possession of the goods. The summons shall be served at least six daysbefore the time of appearance mentioned therein. If the person from whom thegoods were seized cannot be found, and no one can be found in possession ofthe goods, and the defendant shall not appear on the return day, then anappropriate court shall proceed in the cause in the same manner as where awrit of attachment is returned not personally served upon any of thedefendants and none of the defendants shall appear upon the return day.

(Code 1950, § 3-332; 1966, c. 702, § 3.1-411; 2005, c. 839; 2008, c. 860.)