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Roger, Attorney
Category: Legal
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I had a restaurant with an approved health permit. It closed.

Resolved Question:

I had a restaurant with an approved health permit. It closed. On Tuesday night I made some food and served it at a bingo hall. Of course, the health inspecter arrived and wrote me up. She just called and INVITED me to a hearing on the matter next week. What charge can I receive and what sentence can I receive.
Submitted: 7 years ago.
Category: Legal
Expert:  Roger replied 7 years ago.
This is not a criminal act, so you're not looking at any jail time. Instead, you can be fined and ordered to purchase a permit.
Customer: replied 7 years ago.
Is this a misdemeaner? About how much do fines run. In all cases I know of the offender was given a warning first. Excuse my spelling! I was thinking this might be a scare tatic to fuss at me and threaten that next time it would be worse. I was reported to them by a person that has threatened me...he would see me in jail! Thank you, Jane
Expert:  Roger replied 7 years ago.

The charge is a misdemeanor under the law. However, jail time is extremely unlikely.


Here is the statute under the Va. Food Act:


§ 3.1-390. (Repealed effective October 1, 2008) Penalties; exceptions as to certain persons

(a) Any person who violates any of the provisions of § 3.1-388 shall be guilty of a misdemeanor and shall on conviction thereof be punished in the manner provided by law for the punishment of misdemeanors. Provided, however, that no wholesale or retail merchant who purchases food or drink in a closed container from a reputable manufacturer shall be found guilty under this section unless such person knowingly violated the provisions of § 3.1-388.

(b) No person shall be subject to the penalties of subsection (a) of this section, for having violated subsections (a) or (c) of § 3.1-388 if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing, or having a place of business, or an agent or representative on whom process may be served, in the Commonwealth, from or through whom he received in good faith any food, to the effect that such food is not adulterated or misbranded within the meaning of this article, designating this article.

(c) No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by him of such false advertisement, unless he has refused, on the request of the Commissioner to furnish the name and post-office address of the manufacturer, packer, distributor, seller or advertising agency, residing in the State who caused him to disseminate such advertisement.

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Customer: replied 7 years ago.
Thank you for your help. J