Chap. 184.—An ACT to provide for the supervision and regulation of the sale,
marketing and distribution of tobacco; to create a tobacco commission and
provide for local tobacco committeemen and other agencies and employees,
and to define and to provide for their functions, duties and powers; to pro-
vide for the appointment, suspension, removal, compensation, costs and

, expenses of said commission, and of committeemen, agencies and employees
thereof; to provide for the raising of funds for the administration of this act
and for the disposition of the revenue hereunder; to provide a fund to com-
pensate tobacco growers for crop failures and losses from fire; to impose
penalties for violation of this act and to provide for the establishment of a
compact and agreement between the Commonwealth of Virginia and certain
other states for the purpose of regulating and controlling commerce in tobacco
in and between the Commonwealth of Virginia and each of such states.

[H B 546]

Approved March 13, 1936

Section 1. Whereas, the production and distribution of tobacco is
an industry upon which, to a large extent, the prosperity and well-
being of the people of the Commonwealth of Virginia depends ; and the
well-being of the producers of tobacco depends upon the maintenance
of a purchasing power for tobacco comparable with the purchasing
power of other commodities and, unless such purchasing power is main-
tained, the reduced power of tobacco producers to purchase industrial
products seriously impairs the assets supporting the credit structure
of the Commonwealth and local political subdivisions thereof ; and,

Whereas, prior to the recent regulation of the marketing and sale
of tobacco by the Agricultural Adjustment Administration of the
United States, pursuant to an act recently adjudged invalid, there grew
up and were carried on unfair, unjust, destructive and demoralizing
trade practices in the production, sale and distribution of tobacco in
the Commonwealth which tended to prevent the maintenance of a con-
tinuous and stable supply of tobacco adequate to meet the demand,
and constituted a menace to the general welfare and prosperity of the
inhabitants of the Commonwealth; and,

Whereas, the invalidation of said act of Congress and the discon-
tinuation of regulation of the marketing and sale of tobacco presents
a serious threat to the well-being of the tobacco growers of Virginia
and other tobacco growing states; and,

Whereas, weather and diseases affecting the growing of tobacco and
losses from fire make it desirable to protect farmers whose tobacco
crops are affected adversely thereby; and,

Whereas, in order to protect the well-being of the people of the
Commonwealth of Virginia, and to promote the public welfare and
general prosperity of the State, the production, sale and distribution of
tobacco in the Commonwealth of Virginia, is hereby declared to be a
business affected with a public interest which should be supervised
and regulated in the exercise of the police power of the Commonwealth
in the manner hereinafter provided; now, therefore,

Be it enacted by the General Assembly of Virginia, as follows:

Section 2. As used in this act, unless otherwise stated or unless
the context or subject matter clearly indicates otherwise,

“Person” means any individual, partnership, joint-stock company,
corporation, or association.

“Commission” means the Virginia Tobacco Commission created by
this act, or if the context so indicates any tobacco commission created
by a similar act of another state.

“Director” means the Director of the Agricultural Extension Service
of the Commonwealth of Virginia, or a member of his staff, or, if the
context so indicates the Director or a member of the staff of the
Agricultural Extension Service of any other state.
“Secretary” means the Secretary of Agriculture of the United
States.

“Similar act” means an act of another state containing provisions
substantially the same as this act with respect to the following matters:

(a) The creation of a tobacco commission ; provided, however, that
the number of members thereof and their qualifications shall be dis-
cretionary with the legislature of each compacting state.

(b) The authority of the said commission so created (1) to meet
and cooperate with the tobacco commissions of other compacting states
and make the determinations and issue the regulations as provided in
section nine of this act; (2) to establish marketing quotas for farms
as provided in section ‘eleven, subsection (a) and section twelve of
this act; (3) to issue marketing certificates and resale certificates and
to sell marketing certificates for tobacco exceeding farm quotas as
provided in sections fourteen and twenty-five of this act; and (5) to
investigate and cause prosecutions for violations of this act as provided
in subsection (d) of said section fourteen.

(c) Forbidding violations of this act as provided in section eighteen
hereof, and prescribing the forfeiture and penalties therefor as pro-
vided in sections nineteen and twenty of this act, the duties to enforce
and the remedies for enforcement provided in sections twenty-two and
twenty-three hereof.

(d) Requiring the furnishing of information and the filing of re-
turns as provided in section twenty-one of this act.

(e) The authorization of the compact as provided in section
twenty-six of this act.

“kind of tobacco” means one or more types of tobacco as classified
in Service and Regulatory Announcement number one hundred and
eighteen of the Bureau of Agricultural Economics of the United States
Department of Agriculture as listed below according to the name or
names by which known.

Types eleven, twelve, thirteen and fourteen, known as flue-cured
tobacco.

Type thirty-one, known as burley tobacco.

Types twenty-one, twenty-two, twenty-three, twenty-four, thirty-
five, thirty-six and thirty-seven, known as fire-cured and dark air-cured
tobacco.

“Crop year” means the period May first, to April thirtieth, inclusive.

“Marketing certificate’ means a certificate issued to a buyer, at the
request of a producer, in conformity with the rules and regulations of
the commission, certifying that such buyer is entitled to buy and receive
delivery of the quantity and kind of tobacco therein specified, produced
from the farm therein designated.

“Marketing quota” when referring to a state means the number of
pounds of a kind of tobacco for which marketing certificates may be
issued in the State without charge for such certificates ; when referring
to a farm means the number of pounds of a kind of tobacco produced
on a farm for which marketing certificates may be issued without
- charge for such certificates.
“Tobacco base” means that number of pounds of tobacco assigned
to any farm and used as the basis for calculating the marketing quota
for the farm.

“Base tobacco production” means that number of pounds of tobacco
heretofore determined for a farm in connection with the tobacco adjust-
ment program under the Agricultural Adjustment Act of the United
States, and referred to as such in such program.

“Surplus tobacco” means the quantity of tobacco produced by a
farm in any year in excess of the marketing quota for said farm for
such year,

“Buyer” or “handler’? means the person who buys tobacco from
the producer thereof, or who sells tobacco for the producer thereof,
and pays the producer for such tobacco, or who redries or otherwise
processes tobacco for the producer thereof prior to the sale of such
tobacco.

“Dealer” means any person who buys and resells tobacco prior to
the redrying or other processing thereof.

“Producer” means any person who has the right during any year
to sell or to receive a share of the proceeds derived from the sales of
tobacco produced by him or on land owned or leased by him.

“Operator” means person engaged as owner-operator or as cash
rent, standing rent or share rent tenant in the operation of a farm;
that is, any tract or tracts of land operated as a unit with the same
machinery and other equipment (on which tobacco is produced), and
may include a share cropper who operates a farm if the owner-
operator or tenant does not provide for the obtaining of marketing
certificates with respect to the tobacco crop of the farm.

Section 3. (a) There is hereby created as an agency and instru-
mentality of the state government a commission to be known as the
“Virginia Tobacco Commission.” The commission shall consist of not
less than three nor more than seven members to be appointed by the
Governor for a term of one year. A majority of the members of the
‘commission shall be “producers” and one member shall be the “direc-
tor,” as defined in section two of this act. The Governor shall designate
the chairman of the commission. A majority of the members shall
constitute a quorum. The Governor shall appoint the members of the
commission at the time this act becomes effective as hereinafter pro-
vided, or as soon thereafter as practicable. Vacancies on the commis-
sion shall be filled by appointment by the Governor. Members of the
commission may be removed by the Governor at his pleasure, and the
vacancy thus created filled as above provided. Each member of the com-
mission not already in the employment of the state shall be paid the
sum of ten dollars for each day actually spent in the performance of
his official duties, and all members shall be reimbursed for necessary
travel expenses and subsistence not exceeding five dollars per day.

(b) This act shall not become effective unless and until the Con-
gress of the United States shall pass an act consenting to the establish-
ment of compacts such as are authorized by this act; and thereafter,
this act shall become effective with respect to flue-cured tobacco upon
the enactment of a similar act by the legislatures of the states of North
Carolina, South Carolina and Georgia, and shall become effective with
respect to burley tobacco upon the enactment of a similar act by the
legislatures of the states of North Carolina, Kentucky, and Tennessee,
and shall become effective with respect to fire-cured and dark air-cured
tobacco upon the enactment of a similar act by the legislatures of the
states of Kentucky and Tennessee; provided, however, that with respect
to flue-cured tobacco this act shall become effective, for the nineteen
hundred and thirty-six crop year only, upon the enactment of a similar
act by North Carolina and South Carolina, if and when the Governor
shall find as a fact and proclaim that, in his opinion, effective means
have been adopted to regulate, by agreement or otherwise, the market-
ing and sale of such kind of tobacco in Georgia substantially in accord
with the general quota and marketing provisions of this act; and pro-
vided further with respect to burley tobacco this act shall be in effect
for the crop year nineteen hundred and thirty-six if similar acts are
enacted for said crop year on or before July first, nineteen hundred
and thirty-six, by the states of Kentucky and Tennessee; and provided
further that this act shall not become effective for the nineteen hundred
and thirty-six crop year with respect to any kind of tobacco unless this
act and a similar act of each of the other states with respect to such
kind, or in lieu of a similar act, an effective agreement or other regu-
latory means. with respect to Georgia, as provided above, shall be en-
acted or entered into prior to July first, nineteen hundred and thirty-six.

(c) The enactment of this act and of similar acts by any of the
aforesaid states, or by other states, shall constitute the basis for a
compact between the Commonwealth of Virginia and such states, if the
consent of the Congress be given to such a compact.

Section 4. Upon the approval of this act, the Governor is authorized
and requested to submit the same immediately to each of the members
of Congress from the Commonwealth of Virginia, and to ask that they
take prompt action to obtain the consent of the Congress to the estab-
lishment of a compact as provided for by this act, and the enactment
of legislation by the Congress providing for regulation of interstate
and foreign commerce in tobacco in such manner as to make possible
the enforcement and accomplishment of the purposes of this act.

Section 5. When this act becomes effective with respect to any one
or more of the kinds of tobacco as hereinbefore provided, the Governor
is authorized and directed to enter into a compact with the Governor
of all of the states required for the compact for said kind or kinds of
tobacco as herein provided, which enacts a similar act, such compact to
be in accordance with the provisions of section twenty-six of this act.

Section 6. In the event that this act does not become effective for
the crop year nineteen hundred and thirty-six as to any kind of tobacco,
it shall be effective for the crop year nineteen hundred and _ thirty-
seven as to such kind of tobacco, if similar acts are enacted by the
necessary states prior to May first, nineteen hundred and thirty-seven,
and thereupon the state quotas pertaining to such kind of tobacco
shall be determined within thirty days from such effective date.
Section 7. The Governor is authorized and directed: (a) To
suspend the enforcement and effectiveness of this act in any crop year
(1) with respect to flue-cured tobacco whenever he shall find as a fact
and proclaim that acts similar to this act are not in effect in either
North Carolina, South Carolina or Georgia, by reason of legislative
repeal or by reason of an injunction issued by any court of competent
jurisdiction, and (2) with respect to burley tobacco whenever he shall
find as a fact and proclaim that acts similar to this act are not in effect
in North Carolina, Kentucky and Tennessee, by reason of legislative
repeal or by reason of an injunction issued by any court of competent
jurisdiction; and (3) with respect to fire-cured and dark air-cured
tobacco whenever he shall find as a fact and proclaim that acts similar
to this act are not in effect in Kentuky and Tennessee, by reason of
legislative repeal, or by reason of an injunction issued by any court of
competent jurisdiction.

(b) To reinstate the enforcement of this act with respect to any
kind of tobacco for any crop year following any period of suspension
with respect to such kind of tobacco pursuant to paragraph (a) of this
section, whenever the Governor shall determine and proclaim not later
than January first next preceding the beginning of the crop year that
the reason for suspension of enforcement of this act with respect to
such kind of tobacco no longer exists, and upon the issuance of such
proclamation by the Governor this act shall again become effective.

Section 8. Notwithstanding any of the provisions of sections three,
six, and seven, this act shall temporarily cease to be in effect with
respect to any kind of tobacco whenever a proclamation is issued as
hereinafter provided: Whenever, during the month of October of any
year, a petition or petitions, requesting that this act become ineffective
with respect to any kind of tobacco in the next succeeding crop year,
shall be filed with the commission by ten per centum (10%) or more
of the producers of such kind of tobacco in the state, or whenever,
during the month of October of any year, the Governor requests the
commission to conduct a referendum among the producers of any kind
of tobacco, the commission shall thereupon conduct a referendum in
which each producer of such kind of tobacco in the Commonwealth
shall be entitled to cast one vote, and if, in such referendum, one-third
or more of such producers in the State vote against having this act
continued, the commission, prior to December fifteenth next following
the filing of the said petition or said request of the Governor, shall so
certify to the Governor, who, within fifteen days after the receipt of
such certification, shall proclaim such fact to the people and this act
shall, at the beginning of the next crop year after the date of such
proclamation, become ineffective with respect to such kind of tobacco
for such crop year; but shall be effective with respect to succeeding
crop years, unless again made ineffective in accordance with or by rea-
son of other provisions of this act, or by a new like referendum.

Section 9. The commission for the State shall meet and cooperate
with the commissions for other states and any persons designated by
the secretary for the purpose of making certain determinations as
enumerated in paragraphs (a), (b), (c) and (d) of this section nine,
and when such determinations are agreed upon by the majority of the
members of the commission for this State, and a majority of the mem-
bers of the commissions for other states, such determinations shall be
accepted and followed in the administration of this act:

(a) To determine from calculations from available statistics of the
United States Department of Agriculture the quantity of any kind of
tobacco produced in the United States which will be required for world
consumption during any crop year, and same shall be that quantity of
such kind of tobacco produced in the United States which according to
such calculations will be consumed in all countries of the world during
such crop year, increased or decreased, as the case may be, by the
amount which the world stocks of such kind of tobacco at the beginning
of such crop year are less than or greater than the normal stocks of
such kind of tobacco,

(b) To determine a marketing quota for the State for each kind
of tobacco for each crop year in which this act is in effect with respect _
to such kind of tobacco. Such quota shall be determined during the
month of January next preceding the crop year for which it is estab-
lished, except that each such marketing quota for nineteen hundred
and thirty-six, or for any first year in which this act becomes effective
as to each kind of tobacco, shall be determined within thirty days after
this act becomes so effective as to such kind of tobacco. Such quota for
flue-cured tobacco shall be that quantity of such kind of tobacco which
bears the same proportion (subject to adjustment from year to year as
hereinafter provided) to the total quantity of such kind of tobacco re-
quired for world consumption (as determined pursuant to paragraph
(a) of this section nine) as the production of such kind of tobacco in
the State in nineteen hundred and thirty-five bore to the total produc-
tion of such kind of tobacco in the United States in nineteen hundred
and thirty-five. Such quota for burley tobacco and for fire-cured and
dark air-cured tobacco shall be that quantity of each such kind of
tobacco which bears the same proportion (subject to adjustment from
year to year as hereinafter provided) to the total quantity of each
such kind of tobacco required for world consumption (as determined
pursuant to paragraph (a) of this section nine) as the average pro-
duction of each such kind of tobacco in the State in the years nineteen
hundred and thirty-three, nineteen hundred and thirty-four and nine-
teen hundred and thirty-five bore to the average of the total production
of each such kind of tobacco in the United States in such year. Such pro-
portion for the State shall be subject to such adjustment from year to
year as the commission determines is necessary to correct for any
abnormal conditions or production during such years and trends in
production during or since such years ; provided, however, that no such
adjustment shall be made for any one year which would decrease such
proportion for the Commonwealth of Virginia by more than one-
fiftieth of the said proportion, or increase the proportion for the Com-
monwealth, or the proportion for any other state, by more than one-
twentieth of the said proportion; such adjustment for any year may be
in addition to the adjustments made under this sub-section (b) for
preceding years,
(c) To determine and make adjustments in the marketing quota
determined pursuant to paragraph (b) of this section nine for any
kind of tobacco for any year, not exceeding ten per centum (10%)
of the said quota, from time to time during the period from August
first to December fifteenth of such year, if, upon study of supply and
demand conditions for such kind of tobacco, the commission finds that
such adjustments are required to effectuate the purpose of this act.

(d) To determine regulations with respect to the sale and marketing
of tobacco and limitations of the quantities thereof, the issuance of
marketing certificates and the rate of charge for marketing certificates
for surplus tobacco, and in all other matters with respect to which
regulations are required to be prescribed pursuant to any provision of
this act and the similar acts of other states.

Section 10. The determinations referred to in section nine of this
act shall be recorded in writing and copies thereof shall be available
to each of the members of the several commissions, and to the secretary
and persons designated by him; and such determinations shall be
followed in the administration of this act; provided, that in the admin-
istration of this act, or in connection with regulations issued pursuant
thereto, the commission shall not be required to adopt any specific
wording or form in issuing regulations or other material in accordance
with such determinations, but shall express the intent and purpose of
such determinations.

Section 11. The commission is authorized and directed: (a) To
establish, in accordance with section twelve of this act, tobacco market-
ing quotas for each kind of tobacco for individual farms within the
State for each year, the total of such quotas not to exceed in amount
the marketing quota for such kind of tobacco established for the State
pursuant to section nine; and to provide for the establishment of such
committees of tobacco producers as the commission may find necessary
to assist in the establishment of such farm quotas.

(b) To notify the operator of each farm for which a tobacco
marketing quota is established, as promptly as possible, the amount of
the marketing quota for the farm; and, if any adjustment is made in
the tobacco marketing quota for any kind of tobacco for the State
pursuant to paragraph (c) of section nine of this act, to notify and
inform such operator of the corresponding adjustment in the marketing
quota for such farm.

(c) To supply, upon application therefor, to the operator on each
farm for which a tobacco marketing quota is established, such evidence
supporting the establishment of the amount of such quota, as the com-
mission may deem proper; to keep such records as may be required
under any system established by the commission with respect to sales
made under marketing quotas.

(d) To provide for the conduct of such investigations and the
holding of such hearings as the commission, or the chairman thereof,
deems necessary in connection with the establishment of marketing
quotas for farms, and to designate persons to conduct such investiga-
tions and hold such hearings in accordance with regulations prescribed
by the commission,
Section 12. The marketing quotas to be established for farms, as
provided in paragraph (a) of section eleven, shall be determined as
follows:

(a) For each farm for which a base tobacco production has been
heretofore determined by the United States Department of Agriculture,
as shown by available records and statistics of said department, the
said base production so last determined shall, after the making of such
adjustments therein as shall be determined upon the recommendation
of the tobacco committeemen and approval by the commission to be in
conformity with the provisions of paragraph (c) below of this section
twelve, constitute a tobacco base for such farm.

(b) For each farm for which a tobacco base is not established
under paragraph (a) of this section twelve, and for which the operator
thereon files an application, such tobacco base shall be established as
shall be determined upon the recommendation of tobacco committeemen
and approval of the commission to be in conformity with paragraph
(c) of this section twelve, provided that the total of the tobacco bases
for all such farms in any year shall not exceed two per centum of the
total of the tobacco bases established for farms under paragraph (a)
of this section twelve, plus the tobacco bases established under this para-
graph (b) in preceding years.

(c) The tobacco base established for each farm, under paragraphs
(a) and (b) of this section twelve, shall be fair and reasonable for such
farms as compared with the tobacco bases for other farms which are
similar with respect to the following: The past production of tobacco
on the farm and by the operator thereof; land, labor and equipment
available for the production of tobacco; the crop rotation practices, and
the soil and other physical factors tending to affect the production
of tobacco.

(d) To the tobacco base established for each farm, pursuant to
paragraphs (a), (b), and (c) of this section twelve, there shall be
applied the percentage which the marketing quota for the State is of the
total of the tobacco bases for all farms in the State and the resulting
figure shall be the marketing quota for the farm.

Section 13. The committees of tobacco growers provided for by
paragraph (a) of section eleven shall carry out the duties assigned to
them under such regulations as shall be prescribed and issued by the
commission, and shall be appointed by and paid from funds of the
commission and shall receive compensation when actually employed not
to exceed four dollars per day in the case of local committeemen, five
dollars per day in the case of county committeemen, and eight dollars
per day, plus necessary travel expenses and subsistence not exceeding
five dollars per day, in the case of State committeemen.

Section 14. The commission is authorized and directed: (a) Upon
application therefor by any producer, as defined in section two hereof,
to issue to the buyer or handler who purchases or handles the tobacco,
marketing certificates for an amount of tobacco not exceeding the
marketing quota for the farm on which said tobacco is produced, or
the quantity of tobacco marketed from the crop produced on such
farm, whichever is smaller; provided, however, that the commission,
in its discretion, may prescribe regulations permitting the transfer of
such certificates from one grower to another; and, provided, further,
that such regulations shall be uniform as to the same kind of tobacco
in all states entering into compacts with respect to such kind.

(b) Upon application therefor by any buyer or handler, to issue
marketing certificates for surplus tobacco produced on any farm, the
buyer shall be charged for said certificate such sum as may be provided
for under regulations of the commission. Such regulations shall pre-
scribe a definite percentage of the gross value of the tobacco covered
by said certificate as the amount to be charged for said certificate.
The rate of such charge shall be uniform for each crop year as to the
same kind of tobacco in all states in which such kind of tobacco is
within the effective provisions of this act for such crop year. The
rate of such charge shall be determined by the commission and shall
be not less than twenty-five per centum or more than fifty per centum
of the gross value of said surplus tobacco covered by the marketing
certificate. The buyer or handler shall deduct from the price or pro-
ceeds of sale of said surplus tobacco the amount of such charge in
settling with the producer, and said charge shall be deemed an assess-
ment upon the producer for the purpose of paying the costs, charges
and expenditures provided for by this act.

(c) Upon application therefor by any tobacco dealer, to issue, in
conformity with the terms and conditions prescribed by the commis-
sion, resale certificates for such purchases of tobacco by any dealer
during any day as such dealer specifies will be resold prior to the redry-
ing or processing thereof, and for which marketing certificates have
been issued as provided in paragraphs (a) and (b) of this section
fourteen, or for which resale certificates have been previously issued
pursuant to this paragraph (c).

(d) To provide for the examination and checking of records and
of returns filed pursuant to this act, in such manner as may be neces-
sary to determine whether there has been compliance with or violation
of this act, and in the event of non-compliance or violation, to take
and request such action as may be necessary to obtain compliance with
this act, or to have prosecutions instituted to impose proper penalties
or fines as provided in this act in case of its violation.

(e) To appoint and to define and prescribe the duties of such
officers, agents, and employees as the commission shall deem necessary
for the purpose of administering this act and to fix the compensation
of any officers, agents, and employees so appointed; provided that
such compensation shall not be inconsistent or in conflict with any
conditions with respect to the expenditure of funds granted by act of
Congress to the Commonwealth of Virginia for the purpose of admin-
istering this act.

Section 15. The commission is further authorized: (a) To accept,
pay into the State treasury, and use such funds as the Congress of
the United States may advance or grant to the Commonwealth of
Virginia for the purposes of administering this act. Such expenditures
shall be in accordance with the act of Congress authorizing such
advance or grant, even though not provided for by this act.
(b) To prescribe such regulations as the commission deems neces-
sary to carry out the powers vested in the commission by the provi-
sions of this act.

(c) To receive, through such agents as it may designate, all pay-
ments covering the sale of marketing certificates pursuant to paragraph
(b) of section fourteen of this act; to provide for the fixing of an
adequate bond for any officer (s) responsible for receiving and dis-
bursing any funds of the commission, and to authorize the expenditure
of said funds in the manner prescribed in section seventeen of this act.

Section 16, All receipts from the sale of marketing certificates pur-
suant to paragraph (b) of section fourteen, and all funds granted to
the Commonwealth of Virginia by the Congress of the United States
for the purpose of administering this act, shall be paid by the Com-
mission into the State treasury, and shall be credited by the Comptroller
to an account to be known as the “Tobacco Commission Account.” The
entire amount of such receipts is hereby appropriated out of said
Tobacco Commission account for expenditure in accordance with the
provisions of this act by said Commission, and all such expenditures
shall be paid by the State Treasurer on warrants of the Comptroller
issued on itemized vouchers certified to the Comptroller by the Chair-
man of the said Commission or such other person or persons as shall
be designated by the Commission for such purposes.

Section 17. Funds of the commission shall be expended in ac-
cordance with regulations pieseniees by the commission for the fol-
lowing purposes:

First, to repay to the Treasurer of the United States any funds
advanced or granted to the Commonwealth of Virginia by the Congress
of the United States for the purpose of administering this act, provided
the United States requires such repayment.

Second, to pay any expenses incurred in the administration of this
act except salaries and expenses of court officials and other law enforce-
ment officers.

Third, to make payment, in accordance with regulations of the
commission, to tobacco producers whose sales of tobacco, because of
loss by fire or weather, or diseases affecting their tobacco crops
adversely during any year, are less than the marketing quotas for their
farms for such crop year. Such payments shall be at a rate per
pound of such deficit, which rate shall be determined by dividing the
funds available for such payments by the total number of pounds by
which the sales of tobacco by all producers fell below the marketing
quotas for their farms; provided such deficit is due to loss by fire or
weather, or diseases affecting their crop adversely; and, provided,
further, that such rate of payment shall in no event exceed five cents
per pound, and that no such payments shall be made until there is
established, as a reserve, an amount necessary to pay the expenses
which the commission estimates will be incurred in the administration
of this act for a period of one year.

Section 18. Upon the establishment with respect to any kind of
tobacco of a State quota, and of quotas for individual farms, for any
crop year, as provided in sections nine and twelve of this act, it shall
be unlawful—

(a) for any person knowingly to sell, to buy, or to redry or to
condition, or otherwise process any tobacco of such kind harvested in
such crop year unless marketing certificates therefor have been issued
as provided in section fourteen of this act.

(b) for any dealer to resell any such tobacco, prior to the redrying,
conditioning, or processing thereof, except in his own name, or to resell
any such tobacco except that purchased and owned by him and
covered by a marketing certificate or resale certificate previously issued
showing such dealer to be the purchaser of such tobacco; or to redry,
condition, or process or to have redried, conditioned or processed, prior
to the resale thereof, any such tobacco covered by a resale certificate,
unless such resale certificate is surrendered to the commission.

(c) for any person to offer for sale or sell any such tobacco except
in the name of the owner thereof.

Section 19. Any person wilfully selling or buying or reselling, re-
drying, or conditioning, or otherwise processing, tobacco of any kind
harvested in any crop year for which a State quota and individual farm
quotas have been established for such kind of tobacco, not covered by
marketing certificates or resale certificates issued in accordance with
the provisions of this act, and anyone wilfully participating or aiding
in the selling or buying or reselling, redrying, conditioning, or processing
of any such tobacco, or any person offering for sale or selling any
tobacco except in the name of the owner thereof, shall forfeit to the
State a sum equal to three times the current market value of such
tobacco, which forfeiture shall be recoverable in a civil suit brought
by the attorney for the Commonwealth in the name of the Common-
wealth of Virginia.

Section 20. Any person violating any provision of this act, or any
regulation of the commission, shali be guilty of a misdemeanor, and
upon conviction shall be fined a sum of not less than ten dollars for
the first offense, and not less than twenty-five dollars for each sub-
sequent offense.

Section 21. All tobacco producers, warehousemen, buyers, dealers,
and other persons having information with respect to the marketing or
redrying or other processing of tobacco in this State shall from time
to time, upon the written request of the commission or its duly
authorized representative, furnish such information and file such re-
turns as the commission may find necessary or appropriate to the
enforcement of this act. Any person wilfully failing or refusing to
furnish such information or to file such return, or wilfully furnishing
any false information or wilfully filing any false return, shall be guilty
of a misdemeanor and upon conviction shall be fined a sum of not less
than ten dollars.

Section 22. Justices vested with jurisdiction to try misdemeanors in
cities, trial justices and all criminal courts of record of the State are
hereby vested with jurisdiction specifically to punish violations of
this act, and the courts of record are vested with jurisdiction, upon
application of the chairman of the commission, to enjoin and restrain
any person from violating the provisions of this act or of any regula-
tions issued pursuant hereto.

Section 23. Upon the request of the chairman of the commission,
it shall be the duty of the several attorneys for the Commonwealth of
Virginia, in their respective counties and cities, to institute proceedings
to punish for the offenses, enforce the remedies, and to collect the
forfeitures, provided for in this act.

Section 24. If any provisions of this act, or the application thereof
to any person or circumstance, shall be held invalid, the validity of the
remainder of the act, and the application of such provision to other
persons or circumstances, shall not be affected thereby.

Section 25. In order to assure the proper coordination of the
administration of this act with the administration of similar acts
enacted by other states and with the acts of Congress, marketing
certificates and resale certificates shall be issued by the officers admin-
istering this act, in accordance with the commission’s regulations, with
respect to tobacco marketed, redried or otherwise processed in this
State prior to the first sale thereof, or resold, even though such
tobacco is produced in another state, and the receipt from sales of
marketing certificates for surplus tobacco, pursuant to section fourteen
of this act, shall be paid to the commission of the state in which such
tobacco is produced, and the officers administering this act shall. co-
operate with and assist the officers of any other state in obtaining such
records as may be necessary to the administration of any similar act of
such state. The commission shall promptly report to the commission
of the State in which the tobacco was grown the issuance of any such
marketing certificate therefor as is provided for in this section.

Section 26. The compact, as referred to in section five of this
act, shall contain the provisions shown below, subject to such alterations
or amendments as shall not be in conflict with the provisions of this
act, and as shall be agreed upon from time to time by the Governors
of the states which enter into such compact:

COMPACT
This agreement entered into this ...... day of ...........0., ;
between the State of ............ , DY Lecce c cece cece ee es , its
Governor; the State of ............ » DY wee ee ee eee eee , its Gover-
nor; the State of ............. A) a , its Governor,
and the State of .............. , DY wee ee eee eee eee , its Governor:
WITNESSETH:

Whereas, the parties hereto have each enacted State statutes provid-
ing for the regulation and control of tobacco in commerce in such
states, and providing a method of protecting farmers whose tobacco
crops are affected adversely by weather and diseases ; and

Whereas, it is the desire of the parties uniformly to enforce each
state statute so as to accomplish the purpose for which each was
enacted ;

Now, therefore, the parties do hereby jointly and severally agree
as follows:

(1) To cooperate with each other in establishing a State quota for
each crop year for each kind of tobacco referred to in the respective
State statutes with respect to which such State statutes are effective
for such crop year.

(2) To cooperate with each other in formulating such regulations
as will assure the uniform and effective enforcement of each of the
aforesaid State statutes.

(3) Not to depart from or fail to enforce, to the best of its
ability, any regulations concerning the enforcement of the State stat-
utes, without the consent of a majority of the members of the tobacco
commissions of each of the several states which is a party to this
agreement.

In witness whereof, the parties have hereunto set their hand the
day of the year first above written.

State of... cc ee eee eee eee

BY. ccc ccc een eee eens
Its Governor

State of... cc cece ce eee ee

SS PEETT e eeeeee
Its Governor

State of... eee eee eee ee

By... ee eee cee cee een neues
Its Governor

State Of... cc eee eee eee eee

Bie gee eee mame cane pene tee ee RA bee we

Its Governor.

Section 27. In the event that any other state not named herein, in
which any kind of tobacco is grown, shall enact a similar act, the
Governor is authorized to enter into a like compact with the Governor
of such other state if the consent of the Congress of the United States
is given thereto by appropriate legislation.

Section 28. An emergency existing in that the tobacco farmer is
threatened with serious injury, this act shall be in force from its
passage, subject to the provisions contained in this act as to the effective
date of compacts entered into pursuant to this act.