Chap. 18.—An ACT to empower and direct the Director of the Division of Mar-
kets with the approval of the Commissioner of Agriculture and Immigration
to establish and promulgate official standard grades for dark fire-cured to-
bacco in green order; to provide for the inspection, grading and marking of
dark fire-cured tobacco in green order, the appointment of inspectors and
the fixing of their compensation, the fixing of fees and the collection thereof ;
and to prohibit violations of this act and to prescribe penalties. [H. B. 20]

Approved September 7, 1933

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

1. For the purpose of this act the terms:

(a) “Tobacco in green order” means dark fire-cured tobacco in
green order.

(b) “Seller” means association, warehouseman, and/or his or its
representative offering for sale or selling dark fire-cured tobacco in
green order.

(c) “Director” means the Director of the Division of Markets oi
the Department of Agriculture and Immigration.

(d) “Commissioner” means the Commissioner of Agriculture and

Immigration.

2-'The Director, with the approval of the Commissioner, is hereby
empowered and directed: (a) To establish and promulgate from time
to time official standard grades for dark fire-cured tobacco in green
order which will show the classification, quality, condition and/or other
characteristics of such tobacco.

(b) To appoint, superintend, control and discharge such inspectors

or graders and other employees as in his discretion may be deemed
1933] ACTS OF ASSEMBLY 41

necessary for the purpose of inspecting and/or grading all dark fire-
cured tobacco in green order produced and/or offered or exposed for
sale, or sold in this State.

(c) To enter and inspect personally or through any authorized
agent each place within the State of Virginia where dark fire-cured
tobacco in green order, is produced, packed, stored, sold, shipped, trans-
ported, offered or exposed for sale, or delivered for shipment, and in-
spect such places and grade all tobacco found in any such places.

(d) To fix, assess and collect fees for inspecting and/or grading
dark fire-cured tobacco in green order sufficient to meet the cost of such
inspection and/or grading, which fee shall be paid by the seller.

(e) To label each pile or basket of dark fire-cured tobacco in green
order according to the grade, classification, condition or characteristic
found.

(f) To require each pile of dark fire-cured tobacco in green order,
sold, offered or exposed for sale to be labelled according to the grade
found by the official representative appointed under authority of this act.

3. The seller is hereby required to pay the fees fixed under authority
of this act, and furnish necessary basket tickets, but must not charge
the grower, or owner in excess of the fee fixed under authority of this
act.

4. The seller is required to make known to the buyer the grade of
each pile or lot of dark fire-cured tobacco in green order as found by the
official inspector and/or grader.

5. Dark fire-cured tobacco in green order offered or exposed for sale
shall not be labelled by any other person than a duly authorized in-
spector or grader, except under the supervision of a duly authorized
inspector or grader.

6. Any person, firm, association, or corporation who shall violate any
provisions of this act shall be punished by a fine of not less than five
dollars ($5.00) nor more than five hundred dollars ($500.00) for each
offense.

7. The Director, with the approval of the Commissioner is hereby
empowered and directed to cause prosecutions for violations of this act,
to be instituted through the Commonwealth’s attorneys of this State, or
otherwise, in any county or city of the State of Virginia where in his
opinion violations are found. ,

8. If any section, subsection, sentence, clause or phrase of this act
is for any reason held to be unconstitutional, such decision shall not
affect the validity of the remaining portions of this act. |
9. An emergency existing, this act shall be in force from its passage.