CHAPTER 341

An Act to amend the Code of Virginia by adding in chapter 15 of Title
54 a new article 6.1 containing sections numbered 54-456.1 and 54-
456.2, so as to prohibit the fraudulent use of trademarks, trade names
or other identifying marks of another on any drug or container
thereof; to provide penalties for violations; and to provide for revo-
cation of certain certificates issued by the State Board of Pharmacy.

[S 291]
Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in chapter 15 of
Title 54 a new article 6.1 containing sections numbered 54-456.1 and
54-456.2, as follows:

§ 54-456.1. It shall be unlawful for any person to:

(1) Place or cause to be placed upon any drug or container thereof,
with intent to defraud, the trademark, trade name or other identifying
mark, or imprint of another or any likeness thereof; or

(2) Sell, dispense, dispose of or cause to be sold, dispensed or disposed
of or concealing or keeping in possession control or custody, with intent
to sell, dispense or dispose of, any drug, or any container thereof, with
knowledge that the trademark, trade name or other identifying mark or
imprint of another or any likeness of any of the foregoing has been placed
thereon in a manner prohibited by subsection (1) hereof; or

(3) Make, sell, dispose of or cause to be made, sold or disposed of,
or keep in his possession, control or custody, or conceal, with intent to
defraud, any punch, die, plate, or other thing designed to print, imprint,
or reproduce the trademark, trade name or other identifying mark or
imprint of another or any likeness of any of the foregoing upon any drug
or container thereof.

Any person who shall violate any of the provisions of this section shall
be guilty of a misdemeanor and upon conviction shall be fined not more
than five hundred dollars or be confined in jail for a period not to exceed
six months, or both, in the discretion of the jury or the court trying the
case.

§ 54-456.2. The State Board of Pharmacy may revoke or suspend
any permit issued by it to any person, and the pharmacist’s Certificate of
Registration of any person, who shall violate any of the provisions of
§ 54-456.1, after giving such person reasonable notice and an opportunity
to be heard in accordance with chapter 1.1 of Title 9 of this Code.