Chap. 131.—An ACT to amend and re-enact sections 7, 23 and 27 of an act entitled
“an act concerning weights and measures; and to repeal sections 1464 to 1470,
both inclusive, and sections 1472 to 1485 both inclusive, of the Code of Vir-
ginia,” approved March 14, 1924, and to further amend the said act by adding
thereto a new section numbered 2-a. [S B 169]

Approved March 10, 1932

1. Be it enacted by the general assembly of Virginia, That sec-
tions seven, twenty-three and twenty-seven, of an act entitled “An act
concerning weights and measures; and to repeal sections fourteen
hundred and sixty-four to fourteen hundred and seventy, both inclus-
ive, and sections fourteen hundred and seventy-two to fourteen hun-
dred and eighty-five, both inclusive, of the Code of Virginia,” ap-
proved March fourteenth, nineteen hundred and twenty-four, be
amended and re-enacted, and that the said act be further amended by
adding thereto a new section, numbered two-a, so that the new sec-
tion and the sections amended read as follows:

Section 2-a. The commissioner of agriculture and immigration
may adopt and establish specifications, tolerances and regulations for
weights and measures and weighing and measuring devices for the
purpose of protecting the public from fraud and deception by the use
of defective or incorrect weights or measures or weighing or meas-
uring devices or weights or measures or weighing or measuring de-
vices which are susceptible to or can be operated so as to give incor-
rect weight or measure and for the purpose of providing reasonable
variations that may be allowed in the size, quantity, area, weight or
measurement of quantities, things, produce or articles for distribution
or consumption or offered or submitted for sale, hire, or award or in
computing any charge for services rendered on the basis of weight
or measure, or in determining weight or measure when a charge is
made for such determination. The commissioner of agriculture anc
immigration may also make, adopt and/or establish the necessary
rules and regulations for the enforcement of the weights and meas-
ures laws of this State. .

Section 7. When not otherwise provided by law the county or city
sealer shall have the power and it shall be his duty within his county
or city to inspect, test, try and ascertain if they are correct, all
weights, measures and weighing or measuring devices kept, offered,
or exposed for sale, sold, or used or employed within the county or
city by any proprietor, agent, lessee, or employee in proving the size,
quantity, area, or measurement of quantities, things, produce or articles
for distribution or consumption purchased or offered or submitted by
such person or persons for sale, hire, or award or in computing any
charge for services rendered on the basis of weight or measure, or in
determining weight or measure when a charge is made for such de-
termination; and he shall have the power to and shall from time to
time weigh or measure and inspect packages or amounts of com-
modities of whatsoever kind, kept for the purpose of sale, offered or
exposed for sale, or sold or in the process of delivery, in order to de-
termine whether the same contain the amounts represented, and
whether they be kept, offered, or exposed for sale or sold in a manner
in accordance with law; he shall at least twice each year and as much
oftener as he may deem necessary, see that all weights, measures and
weighing or measuring devices used in the county or city are correct.
He may, for the purpose above mentioned, and in the general per-
formance of his official duties, enter and go into or upon, and without
formal warrant, any stand, place, building, or premises, or stop any
vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon,
or any person whomsoever, and require him, if necessary, to proceed
to some place which the sealer may specify, for the purpose of making
the proper tests. Whenever the county or city sealer finds a viola-
tion of the statutes, specifications, tolerance or regulations relating to
weights and measures, he shall cause the violator to be prosecuted.

Section 23. Bottles used for the sale of milk or cream shall be
only of the capacity of one-half gallon, three pints, one quart, one pint,
one-half pint, and one gill. Bottles or jars used for the sale of milk
or cream shall have clearly blown or otherwise permanently marked in
the side of the bottle the capacity of the bottle and the word “sealed,”
and in the side or bottom of the bottle the name, initials, or trade-
mark of the manufacturer, and a designating number, which designa-
tion shall be different for each manufacturer, and may be used in iden-
tifying the bottles. The designating number shall be furnished by the
commissioner of agriculture and immigration, upon application by
the manufacturer, and upon the filing by the manufacturer of a bond
in the sum of one thousand dollars, with sureties, to be approved
by the attorney general, conditioned upon their conformance with
the requirements of this section. A record of the bonds furnished
and the designating numbers and to whom furnished shall be kept
in the office of the superintendent of weights and measures.
Any manufacturer who sells or offers to sell milk or cream bot-
tles to be used in the State that do not comply as to size and markings
with the provisions of this section, shall suffer a penalty of five hun-
dred dollars, to be recovered by the attorney general in an action
against the offender’s bondsman to be brought in the name of the
Commonwealth. Any dealer who uses, for the purpose of selling milk
or cream, jars, or bottles, purchased after this law takes effect that
do not comply with the requirements of this section as to markings
and capacity, shall be deemed guilty of using a false or insufficient
measure.

Sealers of weights and measures are not required to seal bottles
of jars for milk or cream marked as to this section, provided, but
they shall have the power to, and shall from time to time, make tests
on individual bottles used by the various firms in the territory over
which they have jurisdiction, in order to ascertain if the above pro-
visions are being complied with, and they shall immediately report
violations found to the State superintendent of weights and measures.

Section 27. Any person who, by himself or by his servant or
agent, or as the servant or agent of another person, shall offer or ex-
pose for sale, sell, use in the buying or selling of any commodity or
thing or for hire or award, or in the computation of any charge for
services rendered on the basis of weight or measure, or in the de-
termination of weight or measure when a charge is made for such
determination or retain in his possession a false weight or measure
or weighing or measuring device or any weight or measure or weigh-
ing or measuring device, which has not been sealed by the State su-
perintendent or by a sealer or deputy sealer of weights and measures
within one year, or shall dispose of any condemned weight, measure,
or weighing or measuring device contrary to law, or remove any tag
placed thereon by the State superintendent or by a sealer of weights
and measures ; or who shall sell or offer or expose for sale less than
the quantity he represents, or shall take or attempt to take more than
the quantity he represents, when, as the buyer, he furnishes the weight,
measure Or weighing or measuring device by means of which the
amount of commodity is determined ; or who shall keep for the purpose
of sale, offer or expose for sale, or sell any commodity in a manner
contrary to law; or who shall violate any provision of this act for which
a specific penalty has not been provided; or who shall sell or offer for
sale, or use or have in his possession for the purpose of selling or using
any device or instrument to be used to or calculated to falsify any
weight or measure shall be guilty of a misdemeanor, and shall be
punished by a fine of not less than twenty or more than two hundred
dollars, or by imprisonment for not more than three months, or by
both such fine and imprisonment, upon a first conviction, and upon
a second or subsequent conviction he shall be punished by a fine of
not less than fifty or more than five hundred dollars, or by impris-
Onment in jail for not more than one year, or by both such fine and im-
prisonment. ,