3.2-5405 - Powers of Commissioner.
§ 3.2-5405. Powers of Commissioner.
A. The Commissioner may:
1. Order removal of inspectors from any establishment that fails to destroycondemned products as required under subdivision 2 of § 3.2-5404;
2. Order cessation of inspection service under this chapter with respect toany establishment for causes specified in § 401 of the Federal MeatInspection Act or § 18 of the Federal Poultry Products Inspection Act;
3. Order labeling and containers to be withheld from use if he determinesthat the labeling is false or misleading or the containers are of amisleading size or form;
4. Require that equines be slaughtered and prepared in establishmentsseparate from establishments where other livestock are slaughtered or theirproducts are prepared;
5. Appoint and prescribe the duties of such inspectors and other personnel ashe deems necessary for the efficient execution of the provisions of thischapter;
6. Cooperate with the U.S. Department of Agriculture in administration ofthis chapter to effectuate the purposes stated in § 3.2-5403; accept federalassistance for that purpose and spend public funds of the Commonwealthappropriated for administration of this chapter to pay 50 percent of theestimated total cost of the cooperative program;
7. Recommend to the U.S. Department of Agriculture for appointment to theadvisory committees provided for in the federal acts, such officials oremployees of the Department as the Commissioner shall designate;
8. Serve as the representative of the Governor for consultation with saidSecretary under paragraph (c) of § 301 of the Federal Meat Inspection Act andparagraph (c) of § 5 of the Federal Poultry Products Inspection Act unlessthe Governor selects another representative; and
9. Exempt the operations of any person from inspection or other requirementsof this article if and to the extent such operations would be exempt from thecorresponding requirements under the Federal Meat Inspection Act or theFederal Poultry Products Inspection Act if they were conducted in or forinterstate commerce or if the Commonwealth was designated under the federalacts as one in which the federal requirements apply to intrastate commerce.
B. Any order issued under subdivisions 1, 2, or 3 of subsection A shall befinal unless appealed in accordance with the provisions of the AdministrativeProcess Act (§ 2.2-4000 et seq.).
(1970, c. 290, §§ 3.1-884.21, 3.1-884.30; 1986, c. 615; 2008, c. 860.)