Chap. 90.—An ACT to authorize the use of an outline map of the State of Vir-
ginia, and to authorize the use of an outline map of the State of Virginia
and a shield of the United States on agricultural and other food products; to
prescribe their uses; to vest certain powers with reference thereto in the Di-
rector of the Division of Markets and the Commissioner of the Department
of Agriculture and Immigration; to prescribe penalties for the violation of this
act; and to provide for receiving as prima facie evidence in any court of
this State certificates issued under authority of this act, under a Federal
statute and this act, under a similar act of the Legislature of any State, under
a Federal statute and a similar act of the Legislature of any State or certif-
icates issued under the authority of a Federal statute relating to the inspection
“a pereakinal products, and to repeal Chapter 255 of the Acts of Assen

Approved March 4, 1948

Be it enacted by the General Assembly of Virginia:

1. Section 1. (a) The Director of the Division of Markets,
with the approval of the Commissioner of the Department of Agri-
culture and Immigration, is hereby authorized to make use of an
outline map of the State of Virginia, printed, lithographed, inscribed,
engraved or otherwise impressed upon the labels, tags, seals or con-
tainers of any agricultural or food product, by any person who has
availed himself of the continuous official inspection service offered
by the Division of Markets of the Department of Agriculture and
Immigration as an indication that syich product has been under
continuous official inspection by the officers, agents, or licensed in-
spectors of the said Division of Markets, 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 used together
with the shield of the United States on any such label, tag, seal
or container, thus indicating continuous inspectional collaboration
between the said Division of Markets and such department, agency
or officer of the United States.

Section 2. The Virginia Quality Label or said label with shield
of the United States. as the case may be, shall not be used except
in accordance with the rules and regulations prescribed therefor
by the Director of the Division of Markets with the approval of the
Commissioner of the Department of Agriculture and Immigration,
and in no case shall it or either or both of them be used upon the
label, tag, seal or container of the product of any farm, factory,
mill or any other producing, processing, packing, preparing or
dressing establishment unless such product is processed, packed,
prepared or dressed under continuous official State or Federal-State
mspection.

Section 3. (a) The Director of the Division of Markets 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 or with the said label and shield of the United States printed,
lithographed, inscribed, 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, proces-
sor, packer or dresser who has availed himself of the said continuous
official State or Federal-State inspection service. Nothing in this act,
however, shall be construed to preclude the Director of the Division
of Markets 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 other-
wise place or cause to be placed the Virginia Quality Label or
said label and shield of the United States as the case may be,
upon such products or containers thereof which have been subject
to continuous State or Federal-State inspection; provided that in
any case such labels, tags, seals, stamps or other devices shall be
of such design as the Director of the Division of Markets with
the approval of the Commissioner of the Department of Agriculture
and Immigration, may from time to time determine.

(b) The Director of the Division of Markets is further author-
ized, in cooperation with the Virginia Extension Division, Depart-
ment of Education, United States Department of Agriculture
and/or otherwise, to make use of any available and appropriate
means to disseminate information concerning the Virginia Quality
Label and the said label with the shield of the United States and
the products which may lawfully bear them, 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 or said label with the shield of the
United States shall be paid into the State treasury, and are
hereby appropriated to the Department of Agricluture and Im-
migration 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 or said label with the shield of the United States in violation
of any provisions of this act, or who shall, with the intent to mislead
or deceive, use any imitation or counterfeit 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 said label with the shield
*~§ the United States, or, with like intent to mislead or deceive, use
any imitation or counterfeit likeness thereof upon or in connection
with any offer to sell or advertisement for sale, or use of any
product of any kind or description which does not in fact lawfully
bear the Virginia Quality Label or said label with the shield of
the United States, 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, how-
ever, that nothing herein shall affect the right of any corpora-
tion incorporated under the laws of this State, which has here-
tofore, for eighteen 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 purpose.

(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 of said label with the shield of the United States
or any imitation or counterfeit likeness thereof used in violation of
this act.

(c) The Director of the Division of Markets with the approval
of the Commissioner of the Department of Agriculture and Immi-
gration may cause, prosecutions for violations of this act, as well
as the injunction proceedings provided for in this section, to be
instituted through the respective Commonwealth’s attorneys of
the several counties and cities, or otherwise in his discretion.

(d) Every certificate duly issued under this act, duly issued in
cooperation between Federal and State authorities, agencies, or
organizations under the authority of a Federal statute and this
act, under a similar act of the Legislature of any other State, under
a Federal statute and a similar act of the Legislature of any other
State and every duly certified copy thereof, and every certificate
duly issued under the authority of a Federal statute, and every
duly certified copy thereof, relating to the analysis, grade, classifi-
cation, quality, or condition of agricultural products, either raw
or processed, shall be received in any court of this State as prima
facie evidence of the truth of the statements contained therein.

‘Section 5. For the purpose of this act, the words “person”
shall include any individual, partnership, association, union or cor-
poration. “Agricultural and food product” shall include any horti-
cultural, viticultural, dairy, livestock, poultry, bee or 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 of the Depart-
ment of Agriculture and Immigration, or United States Department
of Agriculture, or of both, or employees of either or both 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.
2. That chapter two hundred fifty-five of the Acts of Assembly
of nineteen hundred forty, approved March twenty-seven, nineteen
hundred forty, is repealed.