Chap. 255.—An ACT to authorize the use of an outline map of the State of Virginia
on agricultural and other food products; to prescribe its use; to vest certain
powers with reference thereto in the Commissioner of Agriculture and Immi-
gration and the Director of the Division of Markets; and to prescribe penalties
for the violation of this act. [S B 76]

Approved March 27, 1940

1. Beit enacted by the General Assembly of Virginia, as follows:

Section 1. (a) The Director of the Division of Markets, with the
approval of the Commissioner of Agriculture and Immigration, is
hereby authorized to make use of an outline map of the State of
Virginia, printed, lithographed, inscribed, engraved or otherwise im-
pressed upon the labels, tags, seals or containers of any agricultural
or food product, by any person who has availed himself of the con-
tinuous official inspection service offered by the Division of Markets,
as an indication that such product has been inspected by the officers,
agents or licensed inspectors of the said division and that the said
products are of such quality and description as is indicated on such
label, tag, seal or container, in the manner hereinafter prescribed.
The said outline map when made use of pursuant to the provisions
of this act shall be known as the “Virginia Quality Label”’.

(b) In any instance when an authorized department, agent or
officer of the United States collaborates with the Division of Markets
of this State in the inspection of any such product, the Virginia
Quality Label may, with the consent of the appropriate department,
agency or officer of the United States, be superimposed upon an
outline map of the United States on any such label, tag, seal or con-
tainer, thus indicating inspectional collaboration between the said
division and such department, agency or officer of the United States.

Section 2. The Virginia Quality Label shall not be used except in
accordance with the rules and regulations prescribed therefor by the
Director with the approval of the Commissioner, and in no case shall
it be used upon the label, tag, seal or container, of the product of
any farm, factory, mill or of any other producing, processing, packing,
preparing or dressing establishment unless such product is produced,
processed, packed, prepared or dressed under continuous official
inspection.
Section 3. (a) The director may cause to be made, printed, or
otherwise prepared, from time to time, such quantity of labels, tags
and seals with the Virginia Quality Label printed, lithographed, in-
scribed, engraved or impressed thereon as will be sufficient to supply
the demand therefor; and he may furnish such labels, tags, and seals
at reasonable prices to any producer, processor, packer or dresser
who has availed himself of the said continuous official inspection
service. Nothing in this act, however, shall be construed to preclude
the director from permitting, under the rules and regulations by him
prescribed, any such producer, processor, packer or dresser to make
or prepare, or to cause to be made or prepared, the labels, tags, or
seals to be used upon his own product, or to print, stamp or otherwise
place or cause to be placed the Virginia Quality Label upon such
products or containers thereof which have been subject to continuous
inspection; provided that in any case such labels, tags, seals, stamps
or other devices shall be of such design as the director, with the
approval of the commissioner, may from time to time determine.

(b) The director is further authorized, in cooperation with the
Virginia Extension Division, Department of Education, United States
Department of Agriculture and/or otherwise, to make use of any
available and appropriate means to disseminate information con-
cerning the Virginia Quality Label and the products which may
lawfully bear it, and to popularize the use thereof.

(c) All moneys derived from the furnishing of the said labels,
tags, and seals, or from permitting the use in any other manner of the
Virginia Quality Label shall be paid into the State treasury, and are
hereby appropriated to the Department of Agriculture and Immigra-
tion to be expended through the Division of Markets to defray the
cost of preparing and furnishing such labels, tags, and seals and the
cost of such dissemination and popularization.

Section 4. (a) Any person who shall use the Virginia Quality
Label in violation of any provisions of this act, or who shall, with
the intent to mislead or deceive, use any imitation, counterfeit or
likeness thereof on the label, tag, seal, container, sign or otherwise
of any product of any kind or description which is sold or offered
for sale, or who shall use the Virginia Quality Label or, with like
intent to mislead or deceive, use any imitation, counterfeit likeness
thereof upon or in connection with any offer to sell or advertisement
for the sale, or use of any product of any kind or description which
does not in fact lawfully bear the Virginia Quality Label, shall be
guilty of a misdemeanor and upon conviction thereof shall be fined
not less than ten ($10.00) dollars nor more than five hundred ($500.00)
dollars; provided, however, that nothing herein contained shall affect
the right of any corporation incorporated under the laws of this
State, which has heretofore, for ten years or more, been using an
outline map of Virginia, of its own design, for branding packages or
containers for agricultural or horticultural products bought and sold
by it, from hereafter continuing to use said outline map for such
purposes.

(b) Any court of record having general chancery jurisdiction in
this State shall have jurisdiction to enjoin the use of the Virginia
Quality Label or any invitation, counterfeit or likeness thereof used
in violation of this act.

(c) The director of the Division of Markets, with the approval
of the Commissioner of Agriculture and Immigration, may cause
prosecutions for violations of this act, as well as the injunction pro-
ceedings provided for in this section, to be instituted through the
respective attorneys for the Commonwealth of the several counties
and cities, or otherwise in his discretion.

Section 5. For the purpose of this act the word “‘person”’ shall
include any individual, partnership, association, union or corporation.
“Agricultural and food product” shall include any horticultural,
viticultural, dairy, livestock, poultry, bee, other farm or garden
product, fish or fishery product, and other foods.

“Continuous official inspection” shall mean that an employee or
a licensed representative of the Division of Markets, or United States
Department of Agriculture shall regularly and continuously examine
the commodity as it is being packed so as to have knowledge of the
quality that goes into each package.

Se