CHAPTER 743

An Act to amend and reenact §§ 40-104 and 40-118.8, as amended, of the
Code of Virginia, relating to certificates of physical fitness for em-
ployment of children and permits for soliciting certain subscriptions.

[H 523]
Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 40-104 and 40-118.3, as amended, of the Code of Virginia
be amended and reenacted as follows:

§ 40-104. Certificate of physical fitness.—The certificate of physical
fitness required by this chapter shall be signed by a public health, school, or
other physician, and shall be on a form approved by the State Department
of Health. It shall show height and weight of the child and shall state that
the child has been thoroughly examined by the physician within a period
of thirty days of the time of his initial employment and has been found to
be of normal development for a child of his age, is in sound health, and is
physically qualified for the type of employment specified in the statement
submitted by the employer. The certificate of physical fitness herein re-
quired shall be valid for a period of two years; provided, however, that tf
the physical requirements of the initial or subsequent employment are in-
creased substantially during such period a new certificate of physical fit-
mess shall be obtained therefor; provided, however, no person shall be
prosecuted for failure to obtain or require such new certificate until he
shall have been notified by the Commissioner or his agent that such 18
required.

§ 40-118.8. Soliciting subscription contracts for books, magazines,
etc.— (1) In order to provide for enforcement of the child labor laws and
the protection of employees, it shall be unlawful for any person, firm or
corporation to engage in or to employ any person for, or suffer or permit
any person in his employment to engage in, solicitation, sale, or obtaining
of subscription contracts or orders for books, magazines or other periodical
publications other than newspapers without obtaining from the Com-
missioner a permit to conduct such business.

(2) Such permits shall be valid from the date of issuance until June
thirty next following date of issuance. Applications may be made not more
than thirty days prior to the requested date of issuance on forms furnished
by the Commissioner and the applicant shall supply such information as
is required concerning his place or places of business, the prospective num-
ber of his employees, and the proposed hours of work and rate of com-
pensation for such employees. A separate permit shall be required for each
place of business or location at which applicant operates within this State.

(8) Each permittee shall maintain such records as may be pre-
scribed by the Commissioner showing the name, residence address and
age of each employee, the hours worked by each employee, the place where
such work was performed, and the compensation paid and payable to such
employee. Such records shall be available for inspection by the Commis-
sioner or an agent designated by him during business hours.

4) No girl under the age of eighteen years shall be employed, per-
mitted or suffered to work by or for any permittee under this section under
any circumstances or conditions.

(4.1) No boy under the age of eighteen years shall be employed,
permitted or suffered to work by or for any permittee unless all the follow-
ing conditions are satisfied:

(a) The boy is at least sixteen years of age; and —

(b) The permittee has a permanent business address within this
State; and

(c) The boy is not required or permitted to work at any place more
than twenty-five miles distant from the address specified in his employ-
ment certificate and in no case beyond the boundaries of this State; and

(d) The boy works at all times under the immediate supervision of
an adult; and

(e) The boy is not permitted or required to work a greater number of
hours than permitted by § 40-97 of the Code of Virginia. The maximum
hours of employment during each day shall be computed from the time the
employee was required to report for work at the address of the employer
specified in his employment certificate to the time he is released from work
at such address or is delivered to his home address; and

(f) No boy shall be required, permitted or directed to make any false
statement representing himself, his employer or products or services in his
employment.

(5) Any person violating any provision or condition of this section
shall be guilty of a misdemeanor and shall be fined not less than fifty
dollars nor more than five hundred dollars or punished by confinement in
jail for any period not to exceed one year, or both, for each such violation.
Any violation of this section by a permittee or with his knowledge and
consent shall in addition be grounds for revocation of the permit.