dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-10. Repealed.
Repealed by Acts 1981, c. 580.

Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-13. Householder may set apart exemption in personal estate.
If the householder does not set apart any real estate as before provided, or if what he does or has so set apart is not of the total value which he is entitled to hold exempt, he may, in addition to the property or estate which he is entitled to hold exempt under §§ 34-26, 34-27, 34-29, and 64.2-311, in the first case select and set apart by the writing required by § 34-14 to be held by him as exempt under §§ 34-4 and 34-4.1, so much of his personal estate as shall not exceed the total value which he is entitled to hold exempt and, in the latter case, personal estate, the value of which, when added to the value of the real estate set apart, does not exceed such total value.

For the purposes of this section, the exemption under § 34-4, or unused portion thereof, that is limited by such section to real or personal property used as the principal residence of the householder or the householder's dependents may only be used for such property, and its proceeds as provided under § 34-20, and no other property.

Code 1919, § 6539; 1975, c. 466; 1980, c. 167; 1990, c. 942; 1993, c. 150; 2024, c. 656.
Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-14. How set apart in personal estate; form to claim exemption of personal property.
Such personal estate selected by the householder under § 34-4, 34-4.1, or 34-13 shall be set apart in a writing signed by him. He shall, in the writing, designate and describe with reasonable certainty the personal estate so selected and set apart and each parcel or article, affixing to each his cash valuation thereof. Such writing shall be admitted to record, to be recorded as deeds are recorded in the county or city wherein such householder resides. However, if such personal estate is claimed exempt in a case filed under Title 11 of the United States Code, the official Schedule of Property Claimed as Exempt filed in the United States Bankruptcy Court claiming such exemptions shall be sufficient to set apart such property as exempt.

The following form, or one which is substantially similar, shall be used and shall be sufficient, when duly admitted to record in the county or city in which the householder resides, to exempt such described personal property from creditor process:

HOMESTEAD DEED FOR PERSONAL PROPERTY

Name of Householder __________________

Is the householder a disabled veteran entitled to claim the additional exemption under § 34-4.1? ________________

Address of Householder __________________

Name(s) and age(s) of dependent(s) __________________

County/city in which householder resides ____________________________________________________________

Description of property claimed as exempt and its value

__________________

__________________

Number of homestead deeds that have been filed by the Householder

__________________

Exemption amount previously claimed on prior homestead deeds

__________________

List the jurisdictions where previous homestead deeds were filed

__________________

__________________ (Signature of Householder)

__________________ [ACKNOWLEDGMENT]

Such writing or deed shall not be required to secure any exemption under this Code except those exemptions created by §§ 34-4, 34-4.1 and 34-13.

Code 1919, § 6540; 1990, c. 942; 1993, c. 150; 2010, c. 186; 2020, c. 328.

Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-15. Repealed.
Repealed by Acts 1981, c. 580.
Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-17. When exemption may be set apart; garnished wages.
A. The real or personal estate that a householder is entitled to hold as exempt may be set apart at any time before it is subjected by sale under creditor process or by a trustee in bankruptcy, or, if such creditor process does not require sale of the property, before it is turned over to the creditor.

B. A claim of homestead exemption to protect garnished wages may be filed by the debtor after the garnishment summons is served on the employer but prior to or upon the return date of the garnishment summons and shall be considered by the garnishing court.

Code 1919, § 6543; 1944, p. 489; 1974, c. 272; 1981, c. 580; 1985, c. 521; 1990, c. 942; 2003, c. 1000; 2005, c. 367; 2020, c. 328.

Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-18. Rents and profits exempt; increase in value of estate set apart.
The rents and profits of the property set apart shall be exempt in the same manner as the corpus of such property and if the whole real and personal estate set apart be not of greater value than the amount the householder is entitled to exempt at the time it is so set apart, the exemption thereof shall not be affected by any increase in its value afterwards, unless such increase consists of permanent improvements placed upon real estate set apart by means derived from some source other than exempt property.

Code 1919, § 6544; 1975, c. 466; 1977, c. 496; 1990, c. 942.

Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-19. How excess in value set apart subjected to debts.
Any creditor, against whom an exemption is claimed, may file a bill in equity, alleging that the value of the estate at the time it was set apart was more than the amount the householder is entitled to exempt or, that by reason of permanent improvements made on the real estate after it was set apart by means derived from some source other than exempt property, the whole estate set apart is of greater value than the amount the householder is entitled to exempt. If the court is satisfied from the proofs in the cause that the allegations of the bill are true, it shall make such decree or order as may be necessary to subject the estate set apart, so far as it exceeds the amount the householder is entitled to exempt, to the payment of the debt or demand of such creditor.

Code 1919, § 6545; 1975, c. 466; 1977, c. 496; 1990, c. 942.
Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-20. Proceeds of sale of estate exempt; how evidenced.
The estate or property in which proceeds of sale are invested, or which may be acquired in exchange, under any of the preceding sections of this chapter, shall be held exempt in like manner and to the like extent as the estate sold or exchanged was held. But such estate or property when acquired in exchange or otherwise than by investment under an order of court, or unless when set apart by a court, shall be set apart, if real estate, by such a writing as is prescribed by § 34-6; if personal estate, by such a writing as is prescribed by § 34-14; and such writing shall be recorded as provided by the same sections, respectively. In addition to the requirements of such sections, the writing shall state from what source the estate was derived and with what means acquired. When such estate is invested or set apart under an order of court, a copy of the order and of any report of a commissioner or other officer making the investment thereunder, if confirmed, and a copy of the order of confirmation, duly certified by the clerk of the court, shall be recorded in the deed book of the county or city wherein the writing, if the estate had been set apart by a writing, is required to be recorded.

Code 1919, § 6546.

Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-21. When householder's right to exemption is exhausted.
When an amount of property, whether real or personal, or both, has been set apart to be held by a householder as exempt under § 34-4, 34-4.1, or 34-13, such amount shall for a period of eight years from such setting apart be applied against the maximum amount to which the householder is entitled to set apart as exempt under § 34-4, 34-4.1, or 34-13.

Code 1919, § 6547; 1975, c. 466; 1977, c. 496; 1990, c. 942; 1996, c. 330; 2020, c. 328.
Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-22. Waiver of exemption; its effect; form of waiver.
If any person shall declare in a bond, bill, note or other instrument by which he is or may become liable for the payment of money to another or by a writing thereon or annexed thereto that he waives, as to such obligation, the exemption from liability of the property or estate which he may be entitled to claim and hold exempt under the provisions of this chapter, such property or estate, whether previously set apart or not, shall be liable to be subjected for such obligation, under legal process, in like manner and to the same extent as other property or estate of such person. But such waiver shall not extend to or affect the exemption of the property or estate exempt under §§ 34-26, 34-27 and 34-29. The following or equivalent words shall be sufficient to operate as the waiver hereinbefore provided for: "I (or we) waive the benefit of my (or our) exemption as to this obligation." If a debt which is superior to the homestead, or as to which the homestead is waived, be paid off by a surety therein, the principal shall not be allowed to claim the homestead as against such surety.

Code 1919, § 6548.

Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-23. How claim enforced when exemption waived, etc.
In any proceeding for the enforcement of a claim, which by reason of the waiver aforesaid or otherwise, is paramount to the exemption, if there be in the county or city wherein the proceeding is estate of the debtor other than that which has been set apart as aforesaid, such other estate shall be subjected and exhausted before the estate so set apart is resorted to. If, however, the claim is secured by mortgage, deed of trust or other specific lien on the estate set apart, nothing in this section contained shall prevent the enforcement of the security in the first instance and before resorting to other estate of the debtor.

Code 1919, § 6549; 1974, c. 272; 1981, c. 580.

Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-24. When the exemption ceases; lien of judgment or decree against householder.
When any person, entitled as a householder to the exemption provided for in § 34-4, ceases to be a householder or when any person removes from this Commonwealth, his right to claim or hold any estate as exempt under the provisions of this chapter, shall cease; but the lien of a judgment, or decree for money, rendered against a householder, and which is not paramount to the exemption provided for in this chapter, shall, as to the real estate held as exempt by him, attach to such only of that estate as he may be possessed of or entitled to at the time the exemption thereof ceases, as aforesaid, and until that time the lien shall not be enforced. Such judgments shall attach in the order of their priority, respectively, subject to the provisions of Article 2 (§ 64.2-309 et seq.) of Chapter 2 of Title 64.2.

Code 1919, § 6550; 1972, c. 825; 1974, c. 272; 1981, c. 580.
Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-25. When homestead waived judgments and executions to so state.
Whenever a judgment or decree is rendered on an instrument waiving the homestead or upon a demand against which the homestead cannot be claimed the court shall include in its judgment or decree words to the following effect, as the case may be: "Upon an instrument waiving the homestead," or "upon a claim against which the homestead cannot be demanded." This statement shall be endorsed upon the executions issued upon such judgments or decrees. In any action or suit when it is not apparent from the face of the pleadings that the demand is not subject to the homestead exemption the plaintiff shall not have the benefit of the foregoing provision of this section unless in his declaration he alleges that his demand is not subject to such homestead exemption. But no presumption of nonwaiver or that the judgment or decree was rendered upon a demand against which homestead could be claimed is to be drawn from the silence of any judgment, execution or decree on the matters provided for by this section.

Code 1919, § 6551.
Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-4. Exemption created.
Every householder shall be entitled, in addition to the property or estate exempt under §§ 23.1-707, 34-26, 34-27, 34-29, and 64.2-311, to hold exempt from creditor process arising out of a debt, real and personal property, or either, to be selected by the householder, including money and debts due the householder not exceeding $5,000 in value or, if the householder is 65 years of age or older, not exceeding $10,000 in value, and, in addition, real or personal property used as the principal residence of the householder or the householder's dependents not exceeding $50,000 in value. In addition, upon a showing that a householder supports dependents, the householder shall be entitled to hold exempt from creditor process real and personal property, or either, selected by the householder, including money or monetary obligations or liabilities due the householder, not exceeding $500 in value for each dependent.

For the purposes of this section, "dependent" means an individual who derives support primarily from the householder and who does not have assets sufficient to support himself, but in no case shall an individual be the dependent of more than one householder.

On April 1, 2027, and at each three-year interval ending on April 1 thereafter, each monetary limit in effect under this section immediately before such April 1 shall be adjusted to reflect the change in the Consumer Price Index for all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, for the most recent three-year period ending immediately before January 1 preceding such April 1, and rounded to the nearest $25, the dollar amount that represents such change. Adjustments made in this section shall not apply with respect to bankruptcy cases commenced before April 1, 2027.

Code 1919, § 6531; 1918, p. 487; 1975, c. 466; 1977, c. 496; 1978, c. 231; 1990, c. 942; 1997, cc. 785, 861; 2009, c. 387; 2020, c. 328; 2024, c. 656.

Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-4.1. Additional exemption for certain veterans.
Every veteran residing in this Commonwealth having a service connected disability of forty percent or more, as rated by the U.S. Department of Veterans Affairs, shall be entitled, in addition to the property or estate which he is entitled to hold exempt from creditor process under §§ 34-4, 34-26, 34-27, 34-29, and 64.2-311, to hold exempt from creditor process his real and personal property, or either, to be selected by him by the writings required by §§ 34-6 and 34-14, including money and debts due him, not exceeding $10,000 in value.

1966, c. 499; 1977, c. 496; 1978, c. 231; 1990, c. 942; 1993, c. 150; 2009, c. 388.
Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-5. To what debts exemptions shall not apply.
The property exemptions created under this Code shall not be claimed against the following debts:

1. For the purchase price of such property or any part thereof. If the property purchased and not paid for is exchanged for or converted into other property by the debtor, such last named property shall not be exempted from the payment of such unpaid purchase money.

2. For spousal or child support obligations.

Code 1919, § 6531; 1918, p. 487; 1956, c. 637; 1986, c. 218; 1990, c. 942; 1991, c. 256; 2010, c. 550.
Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-6. How exemption of real estate secured; form to claim exemption of real property.
In order to secure the benefit of the exemptions of real estate under §§ 34-4 and 34-4.1, the householder, by a writing signed by him and duly admitted to record, to be recorded as deeds are recorded, in the county or city wherein such real estate or any part thereof is located or, if such property is located outside of the Commonwealth, in the county or city in the Commonwealth where the householder resides, shall declare his intention to claim such benefit and select and set apart the real estate to be held by the householder as exempt, and describe the same with reasonable certainty, affixing to the description his cash valuation of the estate so selected and set apart. However, if such real estate is claimed exempt in a case filed under Title 11 of the United States Code, the official Schedule of Property Claimed as Exempt filed in the United States Bankruptcy Court claiming such exemptions shall be sufficient to set apart such property as exempt. Equitable as well as legal estates may be so selected and set apart. The following form, or one which is substantially similar, shall be used and shall be sufficient for the writing required by this section:

HOMESTEAD DEED FOR REAL PROPERTY

Name of Householder __________________

Name of title holder of record (if different)

__________________

Is the householder a disabled veteran entitled to claim the additional exemption under § 34-4.1? ________________

Address of Householder __________________

Name(s) and age(s) of dependent(s) __________________

County/city/state in which real property claimed as exempt is located

__________________

__________________

Description of property claimed as exempt

__________________

__________________

Value of property described above __________________

Number of homestead deeds that have been filed by the Householder

__________________

Exemption amount previously claimed on prior homestead deeds

__________________

List the jurisdictions where previous homestead deeds were filed

__________________

__________________ (Signature of Householder)

__________________ [ACKNOWLEDGMENT]

Such writing or deed shall not be required to secure any exemption under this Code except those exemptions created by §§ 34-4 and 34-4.1.

Code 1919, § 6532; 1990, c. 942; 1993, c. 150; 1998, c. 331; 2008, c. 224; 2019, c. 492; 2020, c. 328.

Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-7. Real estate, subject to encumbrances, may be set apart; if sold, how surplus disposed of.
Such real estate may be selected and set apart as aforesaid, subject to any paramount encumbrances thereon. If a sale be had to satisfy the encumbrances, the surplus of the proceeds, if any, not exceeding the amount to which the householder is entitled under § 34-4, shall be paid to the householder and invested by him in such other property as he may select.

Code 1919, § 6533.
Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-8. Partition or sale of real estate held as exempt by joint tenant, etc.
If the estate so set apart be held by the householder as joint tenant, coparcener or tenant in common, partition or sale may be had as provided by Article 11 (§ 8.01-96 et seq.) of Chapter 3 of Title 8.01 and in case of sale the share of the proceeds to which the householder is entitled shall be paid to the householder and invested by him in such other property as he may select.

Code 1919, § 6534.

Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 2 (Homestead Exemption of Householder)
§ 34-9. How real estate set apart as exempt may be encumbered or aliened.
Real estate set apart as aforesaid may be sold and conveyed as other real estate held by the householder and the proceeds invested in other property, or it may in like manner be exchanged for other property, but in no case shall the purchaser be bound to see to the application of the purchase money.

Code 1919, § 6535.
Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 3 (OTHER ARTICLES EXEMPT)
§ 34-27. Additional articles exempted to householder engaged in agriculture.
If the householder be at the time actually engaged in the business of agriculture, there shall also be exempt from such levy or distress, while he is so engaged, to be selected by him or his agent, the following articles, or so many thereof as he may have, to wit: a pair of horses or mules unless he selects or has selected a horse or mule under § 34-26, in which case he shall be entitled to select under this section only one, with the necessary gearing, one wagon or cart, one tractor, not exceeding in value $3,000, two plows, one drag, one harvest cradle, one pitchfork, one rake, two iron wedges and fertilizer and fertilizer material not exceeding in value $1,000. It shall not be required that a householder designate any property exempt under this section in a deed in order to secure such exemption.

Code 1919, § 6533; 1932, p. 324; 1956, c. 637; 1970, c. 428; 1977, c. 496; 1993, c. 150.

Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 3 (OTHER ARTICLES EXEMPT)
§ 34-28. Deed of trust, etc., on such property void.
Every deed of trust, mortgage or other writing or pledge made by a householder to give a lien on property exempt from distress or levy under § 34-26 shall be void as to such property. However, this section shall have no application to (i) property covered by a deed of trust, mortgage or other writing or pledge given by a householder to secure a loan made for the purchase of such property or (ii) security interests in such property having priority over the claim of exemption as specifically provided in subdivisions 7 and 8 of § 34-26.

Code 1919, § 6564; 1938, p. 218; 1940, p. 615; 1992, c. 644; 2002, c. 88.

Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 3 (OTHER ARTICLES EXEMPT)
§ 34-28.1. Personal injury and wrongful death actions exempt; exceptions.
Except for liens created under Article 7.1 (§ 8.01-66.2 et seq.) of Title 8.01, Article 5 (§ 54.1-3932 et seq.) of Title 54.1, and Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2, all causes of action for personal injury or wrongful death and the proceeds derived from court award or settlement shall be exempt from creditor process against the injured person or statutory beneficiary as defined in Article 5 (§ 8.01-50 et seq.) of Title 8.01. It shall not be required that a householder designate any property exempt under this section in a deed in order to secure such exemption. The provisions of this section shall not be construed to affect any voluntary assignment of the proceeds or anticipated proceeds of a personal injury or wrongful death award or settlement as permitted by § 8.01-26.

1990, c. 942; 1991, c. 256; 1993, c. 150; 1994, c. 35; 2003, cc. 929, 942.
Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 3 (OTHER ARTICLES EXEMPT)
§ 34-28.2. Spousal and child support exempt.
The debtor's right to receive spousal or child support, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, shall be exempt from creditor process.

2015, c. 686.

Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 3 (OTHER ARTICLES EXEMPT)
§ 34-28.3. Repealed.
Repealed by Acts 2023, cc. 456 and 457, cl. 2, effective July 1, 2023
Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 4 (WAGES EXEMPT)
§ 34-30. Repealed.
Repealed by Acts 1970, c. 428.

Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 4 (WAGES EXEMPT)
§ 34-31. Revocation of such exemption.
Any judgment creditor, upon having a garnishment summons issued upon a judgment against the judgment debtor named in such certificate, may give five days' written notice, to be served personally on the employer and the judgment debtor by any officer authorized by law to serve civil process, that he will apply to the court or judge who issued such certificate to have the same revoked, and, upon proof that the holder of the certificate is no longer entitled to the exemption allowed thereby, the court or judge shall revoke the same and require the holder to deliver such certificate to the court, which shall cancel the same.

Code 1919, § 6556; 1932, p. 384; 1936, p. 378; 1974, c. 272.
Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 4 (WAGES EXEMPT)
§ 34-32. Illegal to garnish such exempt wages out of Commonwealth, etc.
No person shall institute or permit to be instituted proceedings in his own name or in the name of any other person or shall assign or transfer, either for or without value, any claim for debt or liability of any kind held by him against a resident of the Commonwealth who is a laboring person and a householder for the purpose of having payment of the same or any part thereof enforced out of the wages exempted by § 34-29 by proceedings in attachment or garnishment in courts or before magistrates in any other state than the Commonwealth, or to send out of the Commonwealth by assignment, transfer or in any other manner whatsoever, either for or without value, any claim or debt against any resident thereof for the purpose or with the intent of depriving such person of the right to have his wages exempt from distress, levy or garnishment according to the provisions of § 34-29. And the person instituting such suit or permitting such suit to be instituted or sending, assigning, or transferring any such claim or debt for the purpose or with the intent aforesaid shall, upon conviction thereof, be fined not less than $10 nor more than $100 and shall, in addition thereto, be civilly liable to the person from whom payment of the same, or any part thereof, shall have been enforced by attachment or garnishment or otherwise, elsewhere than in the Commonwealth, for the full amount, payment whereof shall have been so enforced, together with interest thereon and the costs of the attachment or garnishee proceedings, as well as the costs of such action.

The amount recovered in such action shall stand on the same footing with the wages of the plaintiff under § 34-29 and shall be exempt and free from any and all liability of the plaintiff to the defendant in the way of setoff or otherwise.

The fact that the payment of a claim or debt against any person entitled to the exemption provided for in § 34-29 has been enforced by legal proceedings in some state other than the Commonwealth in such manner as to deprive such person to any extent of the benefit of such exemption shall be prima facie evidence that any resident of the Commonwealth who may at any time have been owner or holder of the claim or debt has violated this section.

Code 1919, § 6557; 1954, c. 613; 1974, c. 272; 2005, c. 839.

Code of Virginia — Title 34 (Homestead and Other Exemptions), Chapter 4 (WAGES EXEMPT)
§ 34-33. Exemption of wages of minor from garnishment process.
The wages of a minor shall not be liable to garnishment or otherwise liable to the payment of the debts of parents.

Code 1919, § 6558.
Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 1 (GENERAL PROVISIONS)
§ 35.1-1.1. Certified mail; subsequent mail or notices may be sent by regular mail.
Whenever in this title the Board, the Commissioner, or the Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board, the Commissioner, or the Department may be sent by regular mail.

2011, c. 566.

Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 1 (GENERAL PROVISIONS)
§ 35.1-10. Measures to prevent transmission of disease.
Nothing in this title applicable to restaurants shall prevent the Commissioner from taking whatever action he deems necessary to control the spread of preventable diseases as set forth in Title 32.1, including but not limited to the exclusion of employees, the medical examination of any employee, the immediate closing of a hotel, restaurant, summer camp, or campground, and the taking of samples for testing.

Code 1950, §§ 35-31, 35-40; 1971, Ex. Sess., c. 155; 1981, c. 468; 1993, c. 336.

Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 1 (GENERAL PROVISIONS)
§ 35.1-2. Enforcement.
This title shall be enforced by the State Board of Health and the State Health Commissioner as executive officer of the Board, acting through duly designated officers.

Code 1950, §§ 35-5, 35-17, 35-28; 1981, c. 468.

Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 1 (GENERAL PROVISIONS)
§ 35.1-3. Commissioner vested with Board's authority.
The Commissioner shall be vested with all the authority of the Board pursuant to this title when it is not in session, subject to such rules and regulations as may be prescribed by the Board.

1981, c. 468.

Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 1 (GENERAL PROVISIONS)
§ 35.1-4. Applicability of Administrative Process Act.
The Administrative Process Act (§ 2.2-4000 et seq.) shall govern the procedures for rendering all case decisions, as defined in § 2.2-4001, and for issuing all orders and regulations promulgated pursuant to the authority of this title.

Code 1950, §§ 35-24, 35-42, 35-52; 1970, c. 273; 1981, c. 468.
Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 1 (GENERAL PROVISIONS)
§ 35.1-5. Right of entry to inspect, etc.; warrants.
Upon presentation of appropriate credentials and upon consent of the owner or custodian, the Commissioner or his designee shall have the right to enter at any reasonable time onto the premises of any hotel, restaurant, summer camp, or campground to inspect, investigate, evaluate, conduct tests, or take samples for testing as he reasonably deems necessary in order to determine whether any provision of this title, any regulation of the Board, any order of the Board or Commissioner, or any condition in a license issued by the Board or Commissioner pursuant to this title is being violated. If the Commissioner or his designee is denied entry, he may apply to an appropriate circuit court for an inspection warrant authorizing such investigation, evaluation, inspection, testing, or taking of samples for testing as provided in Chapter 24 (§ 19.2-393 et seq.) of Title 19.2.

Code 1950, §§ 35-4, 35-20, 35-27, 35-30; 1981, c. 468.

Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 1 (GENERAL PROVISIONS)
§ 35.1-6. Orders.
The Board is authorized to issue orders to require any person to comply with the provisions of this title or any regulations promulgated by the Board, or to comply with any case decision, as defined in § 2.2-4001, of the Board or Commissioner. Any such order shall be issued only after a hearing with at least thirty days notice to the affected person of the time, place, and purpose thereof. Such order shall become effective not less than fifteen days after mailing a copy thereof by certified mail to the last known address of such person. The provisions of this section shall not affect the authority of the Board to issue separate orders and regulations to meet any emergency as provided in § 35.1-12.

1981, c. 468.
Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 1 (GENERAL PROVISIONS)
§ 35.1-7. Penalties, injunctions, civil penalties and charges for violations.
A. Any person willfully violating, or refusing, failing, or neglecting to comply with any regulation or order of the Board or Commissioner, or any provision of this title, shall be guilty of a Class 3 misdemeanor unless a different penalty is specified. Each day of violation shall constitute a separate offense.

B. Any person violating, or failing, neglecting, or refusing to obey any lawful regulation or order of the Board or Commissioner, or any provision of this title, may be compelled in a proceeding instituted in an appropriate court by the Board or Commissioner to obey and comply with such regulation, order, or provision of this title. The proceeding may be by injunction, mandamus, or other appropriate remedy.

C. Without limiting the remedies which may be obtained pursuant to subsection B, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus, or other remedy obtained pursuant to subsection B shall be subject, in the discretion of the court, to a civil penalty not to exceed $10,000 for each violation. Each day of violation shall constitute a separate offense.

D. With the consent of any person who has violated or failed, neglected, or refused to obey any regulation or order of the Board or Commissioner or any provision of this title, the Board may provide, in an order issued by the Board against such person, for the payment of civil charges for past violations in specific sums not to exceed the limit set forth in subsection C. Such civil charges shall be in place of any appropriate civil penalty which could be imposed under subsection C.

Code 1950, §§ 35-7, 35-21, 35-41, 35-53; 1981, c. 468.

Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 1 (GENERAL PROVISIONS)
§ 35.1-8. Repealed.
Repealed by Acts 1989, c. 258.
Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 1 (GENERAL PROVISIONS)
§ 35.1-9. Local ordinance superseded; exceptions.
This title and the regulations of the Board shall supersede all local ordinances regulating hotels, restaurants, summer camps, and campgrounds other than those adopted pursuant to the provisions of § 35.1-26, except that any locality may adopt ordinances regarding (i) the sale, preparation, and handling of food; (ii) swimming pools, saunas and other similar facilities; (iii) the keeping of guest registers by hotels; and (iv) the display of signs alongside or in plain view of any public roadway to preclude false or misleading advertising thereon to the extent prohibited by § 18.2-217, provided such ordinances are equivalent to or more stringent than the provisions of this title or Title 18.2 in the case of the display of signs alongside or in plain view of any public roadway to preclude false or misleading advertising thereon to the extent prohibited by § 18.2-217, and the regulations of the Board. Nothing in this section shall be construed to limit or affect in any way the powers given to localities under Title 15.2, or under any city charter, or under any other general or special act.

1981, c. 468; 1983, c. 242.
Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 2 (Regulations)
§ 35.1-11. Regulations generally.
The Board shall make, adopt, promulgate, and enforce regulations necessary to carry out the provisions of this title and to protect the public health and safety. In promulgating regulations, the Board shall consider the accepted standards of health including the use of precautions to prevent the transmission of communicable diseases, hygiene, sanitation, safety, and physical plant management.

1981, c. 468; 1993, c. 336.

Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 2 (Regulations)
§ 35.1-12. Emergency orders and regulations; Commissioner vested with authority of Board.
The Board may make separate orders and regulations to meet any emergency not provided for by general regulations for the purpose of suppressing conditions dangerous to the public health and communicable, contagious, and infectious diseases.

1981, c. 468.

Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 2 (Regulations)
§ 35.1-13. Regulations governing hotels.
Regulations of the Board governing hotels shall provide minimum standards for, but shall not be limited to: (i) food preparation and handling; (ii) physical plant sanitation; (iii) the provision, storage, and cleansing of linens and towels; (iv) general housekeeping and maintenance practices; (v) requirements for approved water supply and sewage disposal systems; (vi) vector and pest control; (vii) swimming pools, saunas, and other similar facilities, including personnel standards for the operation thereof; (viii) ice machines and dispensers of perishable food items; and (ix) a procedure for obtaining a license.

Code 1950, §§ 35-8, 35-9, 35-16, 35-16.1, 35-18; 1956, c. 394; 1964, c. 499; 1970, c. 435; 1981, c. 468.
Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 2 (Regulations)
§ 35.1-14.1. Certain uses of sulfiting agents prohibited.
The use of sulfiting agents as preservatives on raw fruits and vegetables is prohibited. No restaurant licensed under this title shall direct or allow its employees or agents to apply sulfiting agents on raw fruits and vegetables prepared for or served to the public.

1986, c. 200.

Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 2 (Regulations)
§ 35.1-14.2. Donations of food to charitable organizations.
A. Any restaurant, licensed by the Department of Health pursuant to this title and any processor, distributor, wholesaler or retailer of food, including, but not limited to, a grocery, convenience, or other store selling food or food products, may donate unserved excess foods to any charity organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code, and to political subdivisions for distribution to needy persons. Charitable organizations engaged in food distribution programs for needy persons shall notify the local political subdivision of their programs. Upon the notification of such food distribution programs by such charitable organizations, the local political subdivision shall provide a list of such charitable organizations within its jurisdiction to those restaurants and other food suppliers who request such information. Organizations engaged in such food distribution programs shall be exempt from civil liability as provided in § 3.2-5144 for the donors of the food.

B. Charitable organizations engaged in food distribution programs for needy persons shall be deemed exempt from state and local regulations and local ordinances that govern food service and preparation. In addition to accepting donations of food as provided in subsection A, such organizations may accept food prepared by their employees or volunteers in private homes or in facilities not otherwise licensed as provided in this chapter.

For the purposes of this subsection, "charitable organizations" shall include nonprofit homeless shelters and hunger prevention programs.

C. No food donor or food organization, as defined in § 3.2-5144, shall be criminally or civilly liable for donating or receiving (i) commercially processed food past the best-by or sell-by date as long as the food meets all labeling and date requirements or (ii) date-marked prepared foods not past the marked disposition date, when the marked date does not exceed seven calendar days from the date of preparation, and the day of preparation is counted as day one. The exemption of this section shall not apply if injury or death directly results from the gross negligence or intentional misconduct of the donor or donee.

D. The Board may issue advisory standards for the safe preparation, handling, protection, and preservation of food by the organizations exempted in subsection B.

1990, c. 755; 1998, c. 641; 2007, cc. 404, 545; 2022, c. 633.
Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 2 (Regulations)
§ 35.1-15. Training materials.
The Commissioner shall cause to be written materials designed to provide information on training for the prevention of disease transmission, symptoms of communicable disease, personal hygiene practices, hazards in food preparation, food safety and food allergy awareness and safety, and any other matter deemed appropriate by the Commissioner for the training of restaurant personnel. The Commissioner may, if he desires, provide personnel for the training of employees of restaurants in the handling of food.

1981, c. 468; 2015, cc. 356, 528.

Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 2 (Regulations)
§ 35.1-15.1. Required human trafficking training.
A. As used in this section:

"Employee" means any person employed by a hotel that (i) has frequent or regular interactions with guests, such as front desk staff, hotel porters, hotel concierge, restaurant waiting and bartending staff, or room service staff; (ii) is in a management position; or (iii) has access to the guest's room, including housekeeping staff.

"Hotel" does not include a short-term rental property as defined in § 58.1-3510.4.

B. Every hotel proprietor shall require its employees to complete a training course on recognizing and reporting instances of suspected human trafficking. Such training course shall be an online course provided by the Department of Criminal Justice Services at no cost to the hotel proprietor and its employees pursuant to § 9.1-102 or an alternative online or in-person training course approved by the Department of Criminal Justice Services. The Department of Criminal Justice Services shall approve or disapprove of the use of any alternative online or in-person training course within 60 days of the submission of such training course for approval.

C. Each hotel employee shall complete the required training course described in subsection B within six months of being employed by a hotel and thereafter at least once during each consecutive period of two calendar years commencing with the date on which he last completed the required training course, for as long as he is employed by a hotel.

2022, c. 751.

Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 2 (Regulations)
§ 35.1-16. Regulations governing summer camps.
The regulations of the Board governing summer camps shall include, but not be limited to: (i) an approved drinking water supply; (ii) an approved sewage disposal system; (iii) an approved solid waste disposal system; (iv) the adequate and sanitary preparation, handling, protection and preservation of food; (v) the proper maintenance of buildings, grounds, and equipment; (vi) vector and pest control; (vii) toilet, swimming, and bathing facilities, including shower facilities; (viii) a procedure for obtaining a license.

Code 1950, §§ 35-45, 35-46, 35-47, 35-48, 35-49; 1981, c. 468.
Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 2 (Regulations)
§ 35.1-17. Regulations governing campgrounds.
A. The regulations of the Board governing campgrounds shall include minimum standards for (i) an approved drinking water supply; (ii) an approved sewage disposal system; (iii) an approved solid waste disposal system; (iv) the proper maintenance of buildings, grounds, and equipment; (v) vector and pest control; (vi) toilet, swimming, and bathing facilities, including shower facilities; (vii) effective measures for the control of animals and pets; (viii) appropriate procedures and safeguards for hazardous situations, including specifically the maintenance and sale of propane gas or other explosives and combustibles; and (ix) a procedure for obtaining a license.

B. The Board may in its sole discretion prescribe regulations for classes of campgrounds and different requirements for each class.

Code 1950, § 35-55; 1981, c. 468.
Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 3 (LICENSES; INSPECTIONS)
§ 35.1-18. License required; name in which issued; not assignable or transferable.
No person shall own, establish, conduct, maintain, manage, or operate any hotel, restaurant, summer camp, or campground in this Commonwealth unless the hotel, restaurant, summer camp, or campground is licensed as provided in this chapter. The license shall be in the name of the owner or lessee. No license issued hereunder shall be assignable or transferable. The Board shall not issue a license to the owner or lessee of any hotel, summer camp or campground in this Commonwealth that maintains, or conducts as any part of its activities, a nudist camp for juveniles. A "nudist camp for juveniles" is defined to be a hotel, summer camp or campground that is attended by openly nude juveniles whose parent, grandparent, or legal guardian is not also registered for and present with the juvenile at the same camp.

Code 1950, §§ 35-22, 35-26, 35-44; 1981, c. 468; 2004, c. 987.

Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 3 (LICENSES; INSPECTIONS)
§ 35.1-19. Person deemed responsible for campground.
In the event that the Commissioner or his designee cannot establish which person is responsible for a campground, the owner of the parcel of land upon which the campground lies shall be deemed to be the person responsible for obtaining a license and meeting the requirements of this title and the applicable rules and regulations for retaining a license.

1981, c. 468.

Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 3 (LICENSES; INSPECTIONS)
§ 35.1-20. Issuance and denial of licenses.
The Commissioner shall issue a license for each hotel, restaurant, summer camp, and campground which, after inspection, is found to be in compliance with all applicable regulations and provisions of this title. The Commissioner shall notify by certified mail any applicant denied a license of the reasons for such denial.

1981, c. 468.

Code of Virginia — Title 35.1 (Hotels, Restaurants, Summer Camps, and Campgrounds), Chapter 3 (LICENSES; INSPECTIONS)
§ 35.1-21. Display of hotel, restaurant, summer camp, and campground licenses.
A. As used in this section, "mobile food unit" means a restaurant that is mounted on wheels and readily moveable from place to place at all times during operation.

B. The license of each hotel, restaurant, summer camp, and campground issued pursuant to this chapter shall be prominently displayed.

C. The Department shall issue a license in the form of a sticker to a restaurant that is a mobile food unit that meets the requirements of this chapter, which license shall be prominently displayed on the mobile food unit.

Code 1950, § 35-26; 1981, c. 468; 2017, c. 281.