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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>358057</law_id><section_number>3.2-5416</section_number><catch_line>Authority of Commissioner</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><structure><unit label="title" level="1" order_by="5" identifier="3.2">Agriculture, Animal Care, and Food</unit><unit label="subtitle" level="2" order_by="4" identifier="IV">Food and Drink; Weights and Measures</unit><unit label="chapter" level="3" order_by="2" identifier="54">Slaughterhouses, Meat, and Dressed Poultry</unit><unit label="article" level="4" order_by="3" identifier="3">Enforcement and Penalties</unit></structure><text>
						<section><p>The <span class="dictionary">Commissioner</span> shall have power:</p></section>
						<section id="1"><p><span class="prefix-number">1.</span> To gather and compile information concerning and, to investigate the organization, business, conduct, practices, and management of any person engaged in intrastate commerce, and the relation thereof to other persons; and <a id="paragraph-1332437" class="section-permalink" href="https://vacode.org/3.2-5416/#1"><i class="fa fa-link"/></a></p></section>
						<section id="2"><p><span class="prefix-number">2.</span> To require, by general or special <span class="dictionary">orders</span>, persons engaged in intrastate commerce, or any class of them, or any of them, to file with the <span class="dictionary">Commissioner</span> in such form as the <span class="dictionary">Commissioner</span> may prescribe, annual or special, or both annual and special, reports or answers in writing to specific questions furnishing the <span class="dictionary">Commissioner</span> such information as he may require as to the organization, business, conduct, practices, management, and relation to other persons, of the person filing such reports or answers in writing. Such reports and answers shall be made under <span class="dictionary">oath</span>, or otherwise, as the <span class="dictionary">Commissioner</span> may prescribe, and shall be filed with the <span class="dictionary">Commissioner</span> within such reasonable period as the <span class="dictionary">Commissioner</span> may prescribe, unless additional time be granted in any case by the <span class="dictionary">Commissioner</span>.
			a. For the purpose of this chapter the <span class="dictionary">Commissioner</span> shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary <span class="dictionary">evidence</span> of any person being investigated or proceeded against, and may require by <span class="dictionary">subpoena</span> the attendance and <span class="dictionary">testimony</span> of witnesses and the production of all documentary <span class="dictionary">evidence</span> of any person relating to any matter under investigation. The <span class="dictionary">Commissioner</span> may sign <span class="dictionary">subpoenas</span> and may administer <span class="dictionary">oaths</span> and affirmations, examine witnesses, and receive <span class="dictionary">evidence</span>.<br/><br/>			b. Such attendance of witnesses, and the production of such documentary <span class="dictionary">evidence</span>, may be required at any designated place of <span class="dictionary">hearing</span>. In case of disobedience to a <span class="dictionary">subpoena</span>, the <span class="dictionary">Commissioner</span> may invoke the aid of an appropriate <span class="dictionary">circuit</span> <span class="dictionary">court</span> to require the attendance and <span class="dictionary">testimony</span> of witnesses and the production of documentary <span class="dictionary">evidence</span>.<br/><br/>			c. Any <span class="dictionary">circuit</span> <span class="dictionary">court</span> within the <span class="dictionary">jurisdiction</span> where such inquiry is carried on may, in case of contumacy or refusal to obey a <span class="dictionary">subpoena</span> issued to any person, <span class="dictionary">issue</span> an <span class="dictionary">order</span> requiring such person to appear before the <span class="dictionary">Commissioner</span> or to produce documentary <span class="dictionary">evidence</span> if so ordered, or to give <span class="dictionary">evidence</span> touching the matter in question; and any failure to obey such <span class="dictionary">order</span> of the <span class="dictionary">court</span> may be punished by such <span class="dictionary">court</span> as a <span class="dictionary">contempt</span> thereof.<br/><br/>			d. The <span class="dictionary">Commissioner</span> may <span class="dictionary">order</span> <span class="dictionary">testimony</span> to be taken by <span class="dictionary">deposition</span> in any proceeding or investigation pending under this chapter at any stage of such proceeding or investigation. Such <span class="dictionary">depositions</span> may be taken before any person designated by the <span class="dictionary">Commissioner</span> and having the power to administer <span class="dictionary">oaths</span>. Such <span class="dictionary">testimony</span> shall be reduced to writing by the person taking the <span class="dictionary">deposition</span>, or under his direction and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary <span class="dictionary">evidence</span> before the <span class="dictionary">Commissioner</span> as hereinbefore provided.<br/><br/>			e. Witnesses summoned before the <span class="dictionary">Commissioner</span> shall be paid the same fees and mileage that are paid witnesses in the <span class="dictionary">courts</span> of the Commonwealth, and witnesses whose <span class="dictionary">depositions</span> are taken and the persons taking the same shall severally be entitled to the same fees as are paid for the like services in such <span class="dictionary">courts</span>.<br/><br/>			f. No person shall be excused from attending and testifying or from producing books, papers, <span class="dictionary">schedules</span> of charges, <span class="dictionary">contracts</span>, agreements, or other documentary <span class="dictionary">evidence</span> before the <span class="dictionary">Commissioner</span> or in obedience to the <span class="dictionary">subpoena</span> of the <span class="dictionary">Commissioner</span>, whether such <span class="dictionary">subpoena</span> be signed or issued by him or his delegate, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this chapter, or of any amendments thereto, on the ground or for the reason that the <span class="dictionary">testimony</span> or <span class="dictionary">evidence</span>, documentary or otherwise, required of him or it may tend to <span class="dictionary">incriminate</span> him or it or subject him or it to a <span class="dictionary">penalty</span> or forfeiture; but no individual shall be prosecuted or subjected to a <span class="dictionary">penalty</span> or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his <span class="dictionary">privilege</span> against self-incrimination, to testify or produce <span class="dictionary">evidence</span>, documentary or otherwise, except that any individual so testifying shall not be exempt from <span class="dictionary">prosecution</span> and punishment for <span class="dictionary">perjury</span> committed in so testifying.<br/><br/>			g. Any person that shall refuse to attend and testify or to answer any lawful inquiry, or to produce documentary <span class="dictionary">evidence</span>, if in his or its power to do so, in obedience to the <span class="dictionary">subpoena</span> of the <span class="dictionary">Commissioner</span> is guilty of a Class 1 <span class="dictionary">misdemeanor</span>.<br/><br/>			h. Any person that shall willfully make, or cause to be made, any false entry or statement of <span class="dictionary">fact</span> in any report required to be made under this chapter, or that shall willfully make, or cause to be made, any false entry in any account, record, or <span class="dictionary">memorandum</span> kept by any person subject to this chapter or that shall willfully neglect or fail to make or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda, of all <span class="dictionary">facts</span> and transactions appertaining to the business of such person or that shall willfully remove out of the <span class="dictionary">jurisdiction</span> of the Commonwealth, or willfully mutilate, alter or by any other means falsify any documentary <span class="dictionary">evidence</span> of any person subject to this chapter or that shall willfully refuse to submit to the <span class="dictionary">Commissioner</span>, for the purpose of inspection and taking copies, any documentary <span class="dictionary">evidence</span> of any person subject to this chapter in his <span class="dictionary">possession</span> or within his control, is guilty of a Class 6 <span class="dictionary">felony</span>.<br/><br/>			i. If any person required by this chapter to file any annual or special report shall fail so to do within the time fixed by the <span class="dictionary">Commissioner</span> for filing the same, and such failure shall continue for 30 days after notice of such <span class="dictionary">default</span>, such person shall forfeit to the Commonwealth the sum of $100 for each and every day of the <span class="dictionary">continuance</span> of such failure, which forfeiture shall be payable into the treasury of the Commonwealth, and shall be recoverable in a civil suit in the name of the Commonwealth brought in the city or county where the person has his principal office or in any city or county where he shall do business. It shall be the duty of the <span class="dictionary">Attorney General</span> to <span class="dictionary">prosecute</span> for the recovery of such forfeitures. The costs and expenses of such <span class="dictionary">prosecution</span> shall be paid out of the appropriation for the expenses of the <span class="dictionary">Department</span>.<br/><br/>			j. Any officer or employee of the Commonwealth who shall make public any information obtained by the <span class="dictionary">Commissioner</span>, without his authority, unless directed by a <span class="dictionary">court</span>, is guilty of a Class 1 <span class="dictionary">misdemeanor</span>. <a id="paragraph-1332438" class="section-permalink" href="https://vacode.org/3.2-5416/#2"><i class="fa fa-link"/></a></p></section></text><history>1970, c. 290, &#xA7; 3.1-884.32; 2008, c. 860.</history><metadata></metadata></law>
