CHAPTER 26

An Act to amend and reenact §§ 54-80 and 54-81 as amended, of the Code
of Virginia, relating to fee for examination of applicants for certifi-
cates of registration as architect, engineer or surveyor, and expiration
and renewal of such certificates and fees for such renewal, so as to
increase such examination fee and delete provision for refund of por-
tion thereof if certificate not granted, and provide for biennial rather
than annual renewal and adjust renewal fees accordingly. oP
[ ]

_ Approved February 19, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 54-30:and 54-31 as amended, of the Code of Virginia, be
amended and reenacted as follows:

§ 54-30. In order to defray the compensations and expenses above
provided, and any other expenses incident to the proper discharge of the
duties of the Board, each applicant for a certificate to practice as a profes-
sional engineer, architect or land surveyor, as the case may be, in this
State, shall pay the’ ‘secretary of the Board a fee of twenty-five dollars for
each examination i in any branch as defined in this chapter: * On and after
January one, nineteen hundred sixty-seven, such fee shall be thirty dollars ;
provided, that an applicant for a professional engineer certificate, who
qualifies to sit only for the engineer-in-training part of the examination,
as prescribed by rules and regulations of the Board, shall pay a fee of fifteen
dollars, and an additional fee of fifteen dollars when such applicant
qualifies to take the professional engineer examination. Any applicant
who fails to pass the examination for which he qualifies and is required
to sit for a subsequent examination, in accordance with the rules and
regulations of the Board, shall pay a re-examination fee of ten dollars.
Neither original nor re-examination fees as fixed herein shall be refundable.

§ 54-31. Certificates of registration issued or renewed during the
year nineteen hundred sixty-six shall expire on the last day of December
of that year, and shall become invalid on that date unless renewed. Certifi-
cates of registration issued or renewed on and after January one, nineteen
hundred sixty-seven, shall expire on the last day of December of each even
numbered year *, and shall become invalid on * such date unless renewed.
It shall be the duty of the secretary of the Board to notify by mail every
person certified hereunder of the date of the expiration of his certificate,
and the amount of the fee required for its renewal for * two years. Such
notice shall be mailed at least one month in advance of the date of the
expiration of the certificate. Renewal may be effected at any time during
the month of January of the odd numbered year next following the date of
such expiration by the payment to the secretary of the Board of a fee of
* ten dollars. Upon the failure of any such registrant to renew his certificate

* biennially in * such month of January, as required above, his certificate
to practice shall be revoked but such certificate shall be renewed at any
time prior to December thirty-first of such odd numbered year upon the
payment of a fee of * fifteen dollars. Should the certificate not be renewed
as provided above, the applicant may be required to present reasons why
such certificate should be renewed. The Board may then in its discretion
grant a renewal of such certificate or may require re-examination. The

fee shall be * twenty-five dollars under these circumstances.

CHAPTER 26
SALE OF FARM PRODUCE
Article 1
In General

§ 8.1-685. Division of Markets continued; appointment of Director
and assistants.—For the purpose of promoting the economical handling,
packing, storage, distribution and sale of agricultural products in the
State, and for the further purpose of assisting producers and consumers in
selling and purchasing agricultural products at a fair and reasonable price,
the Division of Markets for agricultural products, heretofore established
within the Department of Agriculture and Immigration, shall be con-
tinued, and shall be administered under the supervision of the Commis-
sioner of Agriculture and Immigration by the Director of the Division of
Markets, hereinafter called the Director, who shall be qualified for the
performance of his duties by training and experience.

The Board of Agriculture and Immigration, shall appoint the Direc-
tor and such assistants as may be needed, and the Board shall fix their
compensation, but shall give proper consideration to nominations by the
Commissioner.

§ 3.1-686. Powers and duties of Director.—In the administration of
the Division, the Director shall exercise and discharge the following powers
and duties, under the supervision of the Commissioner.

(a) He shall investigate the cost of food production and marketing
in all its phases, and in particular, shall investigate the market demand
for the products of Virginia farms, the relative location of producers with
reference to the most profitable markets for their products, the trans-
portation facilities, the most advantageous methods of packing, storing
and standardizing agricultural products, and may establish and publish
official standards for capacity and marking of open or closed, filled or
unfilled receptacles for agricultural products and voluntary official stand-
ards for the grade or classification of agricultural products. He shall
further make investigations with a view of ascertaining whether or not
the agricultural products of this State are being subjected to unfair com-
petition in the markets of Virginia and of the country at large, by the
agricultural products or manufactured substitutes therefor produced in
other states or imported from foreign countries.

(b) The Director may assist in the organization of cooperative 80-
cieties among producers and consumers, for the purpose of promoting and
conserving the interest of producers of agricultural products in the sale
and distribution of same, and in the purchase of their necessary sup
plies, and for the purpose cf reducing the cost of living to consumers.

(c) The Director is authorized to make and establish rules and regu-
lations for carrying out the purposes of this chapter, such rules and regu-
lations to become effective when approved by the Commissioner and Boa
and enforceable by action or proceedings in any court of competent
jurisdiction.

§ 3.1-687. Division to disseminate information.—The Division of
Markets shall gather and disseminate information on all subjects relating
to the marketing and distribution of Virginia agricultural products, and
by correspondence and publication, or by any other practicable means,
shall endeavor to keep producers and consumers informed of the demand
and supply and at what markets the various agricultural products can be
best handled or procured. The Division shall publish periodical bulletins
setting forth the current market prices for Virginia agricultural products
in the principal markets of the State, and in other markets accessible for
prepare from time to time bulletins as to the most efficient and economical
methods of standardization, storage, packing, transportation and market-
ing of agricultural products, and cause the same to be distributed in such
manner as the Commissioner may determine. The Division shall investi-
gate the sources of supply of agricultural products and prepare and pub-
lish lists of the names and addresses of producers and consignors and sup-
ply the same persons applying therefor.

§ 3.1-688. Investigation and correction of improper practices; find-
ing markets for producers.—The Division of Markets shall investigate
delays, improper conditions, overcharges and unfair rates in the trans-
portation of agricultural products, and may cause proceedings to be in-
stituted in the proper courts for the abatement or redress of such in-
juries; and, when deemed advisable, may cause to be instituted proper
proceedings to prevent restraint of trade or unlawful combinations to fix
prices. When notified by producers that agricultural products produced in
the State can not be sold or will have to be sacrificed for lack of a ready
market, it shall investigate such case, and make such suggestions to the
producers as may seem advisable, and in addition may assist the pro-
ducers in any practicable manner in finding a satisfactory market for the
products in question.

§ 3.1-689. Cooperation of United States Department of Agricul-
ture.—In carrying out the provisions of this chapter, the Division shall
endeavor to secure the cooperation and assistance of the office or markets
of the United States Department of Agriculture. It shall thoroughly
investigate the methods that may be suggested by such office for the pro-
motion of economical and efficient marketing of agricultural products to-
gether with statistical information applicable to the marketing of Virginia
agricultural products, and, when it may seem advisable and not incon-
sistent with the requirements of this chapter or of any other law of
this Commonwealth, it shall endeavor to secure the adoption in this
State of any methods of marketing which may be suggested by such office
of markets of the United States Department of Agriculture.

§ 3.1-690. Cooperation of Director with other federal officials.—The
Director with the approval of the Commissioner is empowered and di-
rected, in his discretion:

(a) To cooperate with federal officials, national, district and State
committees and supervisory bodies in establishing and enforcing codes
and marketing agreements adopted under the Federal Agricultural Adjust-
ment Act or amendments thereto or other similar acts of Congress.

(b) To make agreements with federal officials, national, district or
State committees or supervisory bodies for carrying out the provisions
of this section or the Federal Agricultural Adjustment Act or amendments
thereto or other similar acts of Congress.

(c) To appoint, supervise and dismiss as inspectors or representa-
tives of the Division of Markets for carrying out the purposes of this sec-
tion such of the employees of his office as he may deem necessary for the
enforcement and carrying out the purposes of this section.

(d) To receive from the federal department or subdivisions thereof,
national, district or State committees or supervisory bodies, or from other
sources fees or moneys for carrying out the purposes of this section,
deposit them in the State treasury and spend such moneys for carrying
out the purposes of this section under the existing laws and rules and
regulations of the State.

The Director, with the approval of the Commissioner and with the
approval of the Governor is authorized, in his discretion, to adopt and
make effective in the State any or all codes or marketing agreements
approved by federal officials under the Agricultural Adjustment Act or
Any code or marketing agreement when approved by the Governor
shall become effective in intrastate commerce in this State.

Any person, firm, association, or corporation who shall violate any
of the provisions of this section or code or marketing agreement adopted
under the provisions of this section shall be punished by a fine of not less
than five dollars nor more than five hundred dollars for each offense.

The Director with the approval of the Commissioner is hereby em-
powered and directed, in his discretion, to cause prosecution for violations
of this section to be instituted through the Commonwealth’s attorneys of
this State, or otherwise, in counties or cities of the State of Virginia
where in his opinion violations of this section are found.

§ 3.1-691. Payment of expenses.—The expenses incident to carrying
out the provisions of §§ 3.1-685 and 3.1-689 shall be paid by the State
Treasurer upon warrants drawn by the Comptroller upon vouchers signed
by the Commissioner or such other person as may be designated by the
Board for the purpose.

Article 2

Commission Merchants

§ 3.1-692. Definitions.—Whenever used in this article:

The term “person” shall mean and include an individual person, firm,
partnership, corporation, association, or syndicate, their lessees, trustees,
or receivers.

The term “‘commission merchant” shall mean any person, who con-
ducts or operates an auction market, or who shall receive farm products
for sale on commission, or contract with the producer thereof for farm
products to be sold on commission, or accept in trust from the producer
thereof for the purpose of sale, or who shall sell or offer for sale on
commission, or shall solicit consignments of any kind of farm products, or
who shall in any way handle for the account of or as an agent of the
producer thereof any kind of farm products; provided, that any person
shall be deemed to be an agent of the producer, unless a specific price has
been agreed upon by both parties before shipment or delivery by the
producer for resale...

The term “commission merchant” shall not include any cooperative
corporation or association organized under or that has adopted the pro-
visions of or domesticated in Virginia pursuant to the provisions of Article
2 of Chapter 3 of Title 13.1, otherwise known as the “cooperative mar-
keting” act, so long as such corporation or association meets the require-
ments of and operates in accordance with the provisions of such sections
and acts amendatory thereof; nor shall it include any association or or-
ganization of farmers, including produce exchanges, not incorporated
under or subject to the provisions of the “cooperative marketing” act, or-
ganized and maintained by farmers for mutual help in the marketing of
their produce and not for profit; nor any person, buying vegetables, viti-
cultural or horticultural farm products for the purpose of reselling the
same in dried, canned or other preserved form; nor shall it include the
sale of farm produce at public auction by a duly licensed auctioneer,
acting as the agent of another to whom such farm produce shall have been
consigned ; nor to the sale by sheriffs and other officers and fiduciaries and
court officials: nor to seed sold at retail.

The term “auction market” shall be construed to be the same as
‘livestock auction market’, “livestock sales ring’, “livestock auction”,
or “livestock auction ring,” ‘and means a place or establishment conducted
or operated for compensation or profit as a private or public market,
consisting of pens, or other enclosures, whether covered or uncovered,
and their appurtenances, in which livestock are received, held or kept
for sale or where livestock is sold or offered for sale either privately or
at public auction, except, the provisions of this article shall not apply to,
(a) the premises of any butcher, packer or processor who receives live-
stock exclusively for immediate slaughter, (b) farm sales, (c) sales by
Four-H clubs or (d) sales by livestock breeders’ associations or by expo-
sition societies.

The term “Commissioner” means the Commissioner of Agriculture
and Immigration.

The term “licensee” means any person, as herein defined, who has
applied for or been granted license to operate, conduct, or carry on the
business of a commission merchant.

The term “farm produce” or “farm products” shall mean and include
horticultural, viticultural, forestry, dairy, livestock, poultry, bee and other
products ordinarily produced on farms.

§ 3.1-693. License required.—It shall be unlawful for any person
to act as, operate, or carry on the business of, a commission merchant
without first obtaining a license as herein provided.

§ 3.1-694. Application for license to be in writing.—Application for
license hereunder shall be made to the Commissioner in writing, signed
and sworn to by the applicant.

§ 3.1-695. Contents of application.—The application shall state the
name of the city or town where the business of commission merchant is
to be conducted, the street and number of the building if practicable, the
character of the products which will be handled by the applicant; and
if made by a copartnership, the full names of each of the partners com-
prising the copartnership, and their respective addresses, together with
the firm or trade name under which the business is to be conducted; and
if made by a corporation the application shall state whether domestic or
foreign, the amount of its capital stock as provided in its articles of in-
corporation, the amount of its capital stock fully paid in, and the names
of its officers, together with the name or names of such person or persons
authorized to receive and accept service of summons and legal notices of
all kinds for the applicant. Such applicant shall further satisfy, upon de-
mand, the Commissioner of his or its character, responsibility and good
a jin seeking to carry on a commission merchant’s business within

8 .

§ 3.1-696. Fee and bond to accompany license.—Applications shall
be accompanied by a license fee of ten dollars, and a good and sufficient
bond in the sum of three thousand dollars for all applications other than
for livestock auction markets, in which case the application, together with
the fee above required, shall be accompanied by a good and sufficient
bond in the sum of five thousand dollars, when the average daily gross
commission business is five thousand dollars or less, with one thousand
dollars added to the bond for each additional five thousand dollars av-
erage daily gross commission business done for the previous year with a
maximum bond of ten thousand dollars, which entitles the applicant to a
license to expire on December thirty-first, next following.

§ 3.1-697. Applications for renewal licenses.—Upon the application
accompanied by evidence of payment of renewal premium continuing the
bond herein required in full force and effect, and the payment of a fee of
ten dollars on or before the first day of January following the date of
expiration of any license hereunder issued, the applicant shall be entitled
to renewal license to expire one year from the date of expiration of the
old license. All applications for renewal licenses shall be made in the
same manner as application for original license.

_ § 3.1-698. Disposition of sums received for licenses.—All sums re-
ceived by the Commissioner for such license fees shall be paid into the
State treasury to the credit of the general fund.

§ 3.1-699. Bond not required for certain auction sales of tobacco
or livestock.—Notwithstanding the foregoing provisions of this article,
no-bond shall be required hereunder of any person to conduct or operate
any tobacco warehouse or other similar place where dark or flue-cured
tobacco is sold at auction by or through any duly licensed auctioneer or of
any person operating a livestock auction market or stockyard which has
been posted by the Secretary of Agriculture and of the United States
and is being operated under and pursuant to the terms and provisions of
the Packers and Stockyards Act, 1921 (42 Stat. 159) and the laws amend-
atory thereof.

§ 3.1-700. Form and contents of bond and action thereon.—The
bond herein referred to shall be executed by the applicant as principal and
by a surety company qualified and authorized to do business in this State
as surety or by such personal surety as may be approved by the circuit
court of the county or corporation or hustings court, or the judge thereof in
vacation, of the county or city in which the applicant resides or has his
principal office. The bond shall be conditioned upon compliance with the
provisions of this law and upon the faithful and honest handling of farm
products in accordance with the terms of this law. The bond shall be to the
Commonwealth of Virginia in favor of every consignor of farm products.
Any consignor of farm products claiming to be injured by the fraud,
deceit or negligence of any commission merchant may bring action there-
for upon the bond against either the principal, or the surety, or both in
any court of competent jurisdiction to recover the damages caused by
such fraud, deceit or negligence, or the failure to comply with the pro-
visions of this article, or to make prompt and accurate settlement with
such consignor.

§ 3.1-701. Schedule of commissions and charges to be filed.—The
applicant shall file with the Commissioner at the time of furnishing the
bond a schedule of his maximum commissions and charges for service in
connection with the produce handled on account of or as agent for the
parties and such designated commission and charges shall not be changed
or varied for one year thereafter, except by and through a written contract
and agreement between the commission merchant and the consignors of
farm products.

§ 3.1-702. Investigation of transactions by the Commissioner.—For
the purpose of enforcing the provisions of this article, the Commissioner,
upon the verified complaint of any interested party shall, or upon his own
motion may, either personally or through his duly authorized agent or
agents investigate any transaction involving solicitation, receipt, sale or
attempted sale of farm products by any person or persons acting or
assuming to act, or attempting to act, as a commission merchant; failure
of any commission merchant to make proper and true account of sales
and settlement thereof as in this article required; any transaction wherein
produce consigned to a commission merchant is disposed of to a person,
firm or corporation composed substantially of the same persons, as stock-
holders, members, or otherwise, who compose the commission mer-
chant; the intentional making by any commission merchant of false state-
ments as to condition, grade, or quality of any farm products received or
in storage; the intentional making by any commission merchant of false
statements as to market condition; the failure of any commission mer-
chant to make payment for farm products within the time required by
this law; or to any other injurious transaction arising out of the sale of
farm produce on commission.

§ 3.1-708. Complaint to Commissioner by consignor.—When a con-
signor of farm products to a commission merchant shall have filed a com-
plaint with the commission merchant within ninety days after date of
sale, and shall have failed to obtain a satisfactory settlement thereof
within ten days after the filing of the complaint, a verified complaint
setting forth the above facts may be filed with the Commissioner, who shall
personally or through his duly authorized agent, thereupon undertake
to effect settlement of the matter involved.

§ 3.1-704. Hearing and order of Commissioner on such complaint. —
If the Commissioner or his agent, within a reasonable time, is unable to
effect settlement to the satisfaction of the parties involved, he or his
agent shall, after giving the parties at least five days’ notice as to time
and place, which shall be in the city or town in which is situated the
place of business of the commission merchant or in which the transaction
complained of occurred, proceed to hear evidence concerning the matter
involved, and thereafter either dismiss the complaint or enter such order
against the commission merchant as the Commissioner shall deem proper
to afford the consignor relief. Any such order shall be complied with
within the time specified therein; provided, however, such period of time
shall not be less than five days.

§ 3.1-705. Commissioner to have right of entry in making investi-
gations.—In furtherance of any such investigation, inspection or hearing
the Commissioner, or his duly authorized agent, shall have full authority
to make any and all necessary investigations relative to the complaint or
matter being investigated, and they shall have at all times free and unim-
peded access to all buildings, yards, warehouses, storage and transporta-
tion facilities in which any farm products are kept, stored, handled, or
transported.

§ 3.1-706. Commissioner may administer oaths, take testimony and
compel attendance.—The Commissioner or his duly authorized agent shall
have full authority to administer oaths and take testimony thereunder, to
issue subpoenas requiring the attendance of witnesses before him or his
agents, together with all books, memoranda, papers, and other docu-
ments, articles or instruments; to compel the disclosure by such witnesses
of all facts known to them relative to the matters under investigation.

§ 3.1-707. Disobedience of orders of Commissioner constitutes con-
tempt.—All parties disobeying the orders or subpoenas of the Commis-
sioner or his duly authorized agent, shall be guilty of contempt and shall
be certified to any court of competent jurisdiction for punishment for
such contempt.

§ 3.1-708. Copies of papers in Commissioner’s office as prima facie
evidence.—Copies of all records, inspection certificates, certified reports
and all papers on file in the office of the Commissioner shall be prima
facie evidence of the matter contained.

§ 3.1-709. Grounds for refusal or revocation of license.—The Com-
missioner may refuse to grant a license, or may revoke any license already
granted, as the case may be, when he shall be satisfied of the existence
of any of the following causes:

(a) Where a money judgment has been entered against such
commission merchant and upon which execution has been returned
unsatisfied.

(b) Where false, fraudulent or improper charges or returns have been
made by the licensee, for the handling, sale or storage of farm products,
or for the rendering of any service in connection therewith.

(c) Where the licensee has failed or refused to render a true account
of sales, or to make settlement thereon promptly and within the time and
in the manner required by this law.

(d) Where the licensee has knowingly made false or misleading state-
ments as to the grade, condition, quality or quantity of farm products
received, handled, stored or held by him for sale on commission.

(e) Where the licensee has made false or misleading statements as
to market conditions, with intent to deceive.

(f) Where there has been combination or combinations to fix prices,
or where the licensee has, directly or indirectly, purchased for his, or its
own account farm products received by him or it, upon consignment,
without prior authority from consignor in writing and at a price agreed
to, fixed by the consignor; provided, however, that this shall not apply to
livestock auction markets nor to tobacco warehousemen, when the con-
signor or owner is present in person at the sale of his livestock or tobacco,
or represented by a duly authorized agent.

(g) Where the licensee has made fictitious sales or has been guilty
of collusion to defraud the consignor.

(h) Where the licensee, to whom any farm products have been con-
signed, reconsigned such farm products to another person, either in the
city or town in which is located the licensee, or to some other point within
or without the State, unless consent of the consignor has been first ob-
tained and in writing, or notice given in writing to the consignor by the
consignee that all or a part of such shipment was reconsigned.

(i) Where the licensee sells farm products consigned to him or it,
to another person, owned or controlled by him or it, or in which such
licensee may be interested financially or otherwise, either directly or in-
directly, unless notice is given, in writing, to the consignor by the licensee
that all or a part of such shipment was sold to a person in which he or
it is financially interested.

(j) Where the licensee was intentionally guilty of fraud or deception
in the procurement of such license.

(k) Where the licensee has failed or refused to file with the Commis-
sioner a schedule of his maximum commissions and other charges for
services in connection with the produce handled on account of or as
agent of another as prescribed in this article, prior to the first day of
February of each year.

(1) When the licensee has failed or refused to obey and comply with
any order of the Commissioner entered pursuant to the provisions of
§ 3.1-704 within the time specified in such order, or in case an appeal is
taken from such action of the Commissioner, then within ten days from
the time such order became final.

§ 3.1-710. Publication of revocation.—Where a license shall have
been revoked, the Commissioner shall cause to be published in one or more
daily papers to be selected by him, once a week for two successive weeks,
the fact of such revocation and the cause therefor, and also in the next
issue of the Agricultural Bulletin issued by the Commissioner.

§ 3.1-711. Certified copies of license; posting required.—A certified
copy of an issued license may be procured by the holder of the original
upon payment of a fee of one dollar therefor, and the original or a certified
copy of the license shall be posted during sale periods in a conspicuous place
on the premises where the business is conducted.

§ 3.1-712. Appeal from orders and action of the Commissioner.—
Any action of the Commissioner or his agent in entering any order pur-
suant to § 3.1-704, or in refusing to grant a license, or in revoking a li-
cense already granted to such commission merchant or merchants, or re-
fusing to renew a license, shall be subject to the right of appeal within
thirty days after such decision of the Commissioner or his agent, to the
Circuit Court of the City of Richmond, which shall hear and determine
the matter de novo so presented to it, and which shall have power to
make such order or orders pending such proceedings as it may deem
proper to preserve the rights of the parties in interest.

§ 3.1-713. Records to be kept by commission merchant.—It shall
be the duty of every commission merchant, having received any farm
products for sale on commission, promptly to make and keep a correct
record, showing in detail the following with reference to the handling,
sale, or storage of such farm products:

(a) The name and address of the consignor ;
(b) The date received;

(c) The condition, grade and quantity on arrival;

(d) The date of such sale for the account of the consignor;

(e) The price for which sold;

(f) An itemized statement of the charges to be paid by the consignor
in connection with the sale;

(g) Each consignment of farm products shall be given a lot number
or other identifying mark, which number or mark shall appear on all
sales tags or tickets or on any other essential records needed to show
what the products actually sold for.

§ 3.1-714. Detailed statements must be kept of claims for over-
charges or damages filed by commission merchant for consignor.—A de-
tailed statement shall be kept on file of the filing of any claim or claims
which have or may be filed by the commission merchant against any
person for overcharges or for damages resulting from the injury or de-
terioration of such farm products by the act or acts, or neglect, or failure
of such person, and such records shall be open to the inspection of the
Commissioner and the consignor or consignors of farm products for whom
such claim or claims are made; provided that the money returns, if any,
collections, or damages received by the commission merchant for such
person for and on behalf of consignor or consignors of farm products
by reason of the overcharges, damages or deterioration shall forthwith
be paid to the consignor or consignors of farm products less charges for
Sa TOL thereof, in accordance with the schedule of charges filed under

§ 3.1-715. Record and account together with remittance for each
sale to be delivered consignor.—A copy of the record and account of sales
of farm products, together with remittances in full of the amount realized
by such sales, less the agreed commissions and other charges, shall be de-
livered to the consignor upon the consummation of the sale together with
all moneys received by him in payment for any consignment of farm prod-
ucts, less the agreed commission and other charges, within ten days after
receipt of the moneys by the commission merchant, unless otherwise agreed
in writing; provided, however, that the names and addresses of purchasers
need not be given unless demanded in cases of complaint.

§ 3.1-716. Copies of records to be kept by commission merchant for
one hundred and twenty days.—It shall also be the duty of every commis-
sion merchant to retain a copy of all records, including sales tags or
tickets, account of sales, and other records covering each transaction, for a
period of one hundred and twenty days from the date thereof, which copy
shall at all times be available for, and open to, the confidential inspection of
the Commissioner, or his duly authorized agents, and the interested con-
signor, or any authorized representative of either.

§ 3.1-717. Certificate establishing condition, quality, grade, etc., to
be furnished by Commissioner.—In the event of any dispute or disagree-
ment between a consignor and a commission merchant arising at the
time of delivery as to condition, quality, grade, pack, quantity or weight
of any lot, shipment or consignment of farm products, it shall be the
duty of the Commissioner to furnish, upon the payment of the actual
necessary expenses therefor, to be paid by requesting party, a certificate
establishing the condition, quality, grade, pack, quantity or weight of
such lot, shipment or consignment; such certificate shall be prima facie
evidence in all courts of this State as to the recitals thereof at the time
such inspection was made. The burden of proof shall be upon the com-
mission merchant to prove the correctness of his accounting as to any
transaction which may be questioned.

§ 3.1-718. Offenses and punishment therefor.—Any person who
shall assume or attempt to act as a commission merchant, as defined by
this article, without license, or any person who being a commission mer-
chant and duly licensed shall violate any of the provisions of the subsec-
tions which follow in this section shall be guilty of a misdemeanor and
upon conviction thereof, shall be punished by a fine of not less than
twenty-five dollars and not more than one thousand dollars, or by confine-
ment in the city or county jail for not more than one year, or both
rch fine and imprisonment, in the discretion of the court or jury trying
the case:

(a) Impose false charges for handling or for services in connection
with farm products;

(b) Fails to account promptly, correctly, fully and properly and to
make settlement therefor as in this article provided;

(c) Make false and misleading statements as to market conditions
with intent to deceive;

(d) Make fictitious sales or shall be guilty of collusion to defraud
the USERS or entered into any combination or combinations to fix
price

(e) Directly or indirectly purchase for his or its own account, farm
products, received by him or it on consignment without prior authority
from the consignor in writing; provided, however, that this shall not apply
to livestock auction markets nor to tobacco warehousemen, when the con-
signor or owner is present in person at the sale of his livestock or tobacco,
or represented by a duly authorized agent;

(f) Intentionally make false statements as to grade, condition, mark-
ings, quality or quantity of farm products shipped or packed in any
manner;

(g) Reconsign such farm products as have been consigned to him
to another person, either in the city or town in which the licensee is lo-
cated, or to some other point within or without the State, unless consent of
the consignor has been first obtained and in writing, or notice given in
writing to the consignor by the consignee that all or a part of such ship-
ment was reconsigned ;

(h) Sell such farm products consigned to him to another person
owned or controlled by him, or in which such licensee may be interested
financially or otherwise, either directly or indirectly, unless notice is given,
in writing, to the consignor by the commission merchant that all or a part
of such shipment was sold to a person in which he or it is financially
interested ;

(i) Be intentionally guilty of fraud or deception in the procurement
of such license;

(j) Fail or neglect to give written notice immediately to the Commis-
sioner and the surety on the bond of such commission merchant, of any
changes or alterations in the style, name or personnel of the person to
whom such license has been issued ; or
ve (k) Fail to comply in every respect with the provisions of this ar-
icle.

§ 3.1-719. Duty of Commonwealth’s attorneys.—It is hereby made
the duty of the several Commonwealth’s attorneys of this State to prose-
cute all violations of this article subject to prosecution in their respec-
tive cities or counties.

§ 3.1-720. Venue.—Civil suits and criminal prosecutions arising by
virtue of this article or any of its provisions may be commenced and tried
in either the city or county where the products were received by the com-
mission merchant, or within the city or county in which the principal
place of business of such commission merchant is located within the State,
or Mee the city or county in which the violation occurred.

§ 3.1-721. Employment of assistants and adoption of rules.—The
Commissioner is hereby empowered, subject to the approval of the Board,
to employ such persons as may be necessary and to adopt all needful rules
and regulations for the enforcement of the provisions of this article and
for the collection of all fees herein prescribed.

§ 3.1-722. Expenses.—All expenses incident to the enforcement of
the provisions of this article shall be paid from such funds as may be ap-
propriated for this purpose and in such manner as may be prescribed by

law.
CHAP. 27
LIVESTOCK AND POULTRY
Article 1
In General

§ 3.1-723. State Veterinarian and assistants—The State Board of
Agriculture and Immigration shall employ a qualified veterinarian who
shall be known as the State Veterinarian, and it may employ assistant
veterinarians whose duties it shall be to carry out the laws of the State
and the rules and regulations of the Board. The State Veterinarian shall
reside at such point in the State as the Board may, from time to time,
designate as most suited to the efficient dispatch of the business of his
office. The Board may employ such clerical personnel as they may deem
necessary. The State Veterinarian, and all other veterinarians, shall have
the power to carry into effect all lawful orders given by the Board.

Whenever, in the opinion of the State Veterinarian, the services of an
assistant veterinarian are urgently needed during the time the Board is not
in session, the State Veterinarian shall have authority to employ one or
more assistant veterinarians for temporary duty, and he may deputize
duly licensed practicing veterinarians and veterinarians in the employment
of the United States Department of Agriculture, and all such veterinarians
shall have authority to perform the duties of assistant veterinarians em-
ployed by the Board.

§ 3.1-724. Protection of domestic animals and poultry.—The State
Board of Agriculture and Immigration, the State Veterinarian, and all
other veterinarians within the State, shall have authority, and it shall be
their duty, to use their best efforts to protect domestic animals and poul-
try from disease. It shall also be the duty of the Board and the State
Veterinarian to cooperate with the livestock sanitary control officials of
other states, and with the Secretary of Agriculture of the United States,
and the United States Department of Agriculure in establishing such inter-
state quarantine lines, rules and regulations as to best protect the live-
aa and poultry of this State against all contagious and infectious

iseases.

§ 3.1-725. Laboratory for diagnosis of diseases——The Board shall
maintain and operate at some suitable location in the county of Rocking-
ham and in such other places within the State as the Board may de-
termine a laboratory for the diagnosis of diseases of livestock and poul-
try, and for such other uses and purposes as may be determined by
the Board.

§ 3.1-726. Contagious and infectious diseases; eradication and pre-
vention.—The diseases known as tuberculosis, foot and mouth disease,
anthrax, Bang’s abortion disease, hemorrhagic septicemia, Texas fever,
hog cholera, cattle scab, sheep scab, pullorum disease and all such other
diseases of livestock and poultry, whether or not of similar character, as
may be found to be of a contagious and infectious nature, shall be classed
as contagious and infectious diseases of livestock and poultry, and such
measures shall be taken by the Board or its authorized veterinarian as to
ies may seem necessary, to eradicate and prevent the spread of such

iseases.

§ 2.1-727. Duty of State Veterinarian when animals or poultry
sus d of such disease.—It shall be the duty of the State Veterinarian
at any time, upon receipt of reliable information of the existence among
domestic animals or poultry of the State of any infectious or contagious
disease, to go at once, or order an assistant veterinarian to go, to the
place where such disease is alleged to exist for the purpose of making a
careful examination of the animals or poultry believed to be affected with
such disease, and ascertain, if possible, what, if any, disease exists, and
whether the same is contagious or infectious. If a disease is found to be
contagious or infectious, the State Veterinarian, or an assistant, may
adopt and enforce such quarantine lines and regulations and shall enforce
such cleaning and disinfection of premises, cars or vehicles, as may be
deemed necessary to prevent the spread of such disease, which quarantine
lines, and regulations, when so adopted, shall supersede any similar pro-
visions made by the board of supervisors of any county under the pro-
visions of Chapter 12 of Title 15.1.

§ 3.1-728. Animals or poultry not permitted to enter or leave quar-
antine-—No domestic animals or poultry infected with any infectious or
contagious disease or which have been exposed to such disease, or are
otherwise capable of communicating the disease, shall be permitted to enter
or leave the district, premises or grounds so quarantined, except by au-
thority of the State Veterinarian.

§ 3.1-729. Quarantine of persons.—Persons exposed to animal and
poultry diseases which, in the opinion of the State Veterinarian, may be
transmitted by such persons to animals or poultry, may be quarantined
when, in the opinion of the State Veterinarian, such quarantine will pre-
vent the spread of such diseases among livestock or poultry.

3.1-730. Rules as to separation and caring for diseased animals
or poultry.—The Board or the State Veterinarian shall also, from time to
time, give and enforce such directions and prescribe such rules and regu-
lations as to separating, feeding and caring for diseased or exposed animals
or poultry as shall be necessary to prevent the animals or poultry so
affected with such disease, or capable of communicating disease, from
coming in contact with other animals or poultry not so affected. |

§ 3.1-731. Right of entry.—The State Veterinarian and his assist-
ants are authorized and empowered to enter upon any grounds or premises
to carry out the provisions of §§ 3.1-727 to 3.1-733.

§ 8.1-732. Notice of quarantine.—The State Veterinarian, or an as-
sistant veterinarian, may give such notice as may be necessary to make
the quarantine effective.

§ 3.1-733. Penalty——Any person who shall fail to do any of the
things required of him in §§ 3.1-727 to 3.1-732, or fail or refuse to allow
the State Veterinarian or his agent to do or to perform any duty re-
quired of him by §§ 3.1-727 to 3.1-732, or who shall violate any of the
rules and regulations authorized by these sections, or who shall violate
quarantines established by virtue of these sections, shall be deemed guilty
of a misdemeanor, and shall be punished by a fine of not less than one
hundred dollars nor more than five hundred dollars.

3.1-734. Quarantine against diseased animals or poultry in other
states —When the Board or State Veterinarian shall have good reason
to believe of the existence of contagious and infectious diseases or animals
or poultry in localities in other states, territories or countries, or that
conditions exist therein which, in the judgment of the Board or of the
State Veterinarian, render the importation of domestic animals or poultry
from such localities a menace to the health of the livestock or poultry
of this State, the Board or the State Veterinarian shall, by proclama-
tion, prohibit the importation of any or all kinds of livestock, or poultry
from any locality of other states, territories or countries, into this State,
unless accompanied by a certificate of health given by a properly author-
ized veterinarian designated by him, and the cost thereof may be
to the owner or person in possession. If, in the opinion of the examining
veterinarian, there is danger from contagion or infection, any or all such
animals or poultry may be placed in close quarantine at the expense of the
owner until all danger of infection or contagion is passed; thereupon, the
animals or poultry shall be released by the order of the State Veterinarian
or other veterinarian in charge.

§ 3.1-735. Certificate of health required for importation of certain
pet animals or poultry; examination, etc., where imported without certifi-
cate; exceptions.—No person shall import into this State any pet animal,
including but not limited to, dogs, cats, monkeys, or other animals, ferae
naturae, wild or tame under domestication or in custody, or any poultry
not intended for commercial use which by its nature is fit for use only as
a pet, not including psittacine birds under domestication or in custody,
unless and until such animal or poultry is accompanied by a certificate
of health made by a properly qualified veterinarian. Such certificate
shall be under oath on an official interstate health certificate issued by
the state of origin, shall be dated no later than ten days before shipment,
and shall contain such evidence of proof of the health of the animal or
poultry as the Board, by regulation, may require. In lieu of the foregoing
the Board may in its discretion place such reasonable restrictions and re-
quirements on such psittacine birds after arrival within the Common-
prealth of Virginia as it may deem advisable to establish such proof of

ealth.

Any such animal or poultry, which may be imported into this State
without such certificate, may be examined immediately by the State
Veterinarian or by a licensed veterinarian, designated by him, and the cost
thereof may be charged to the owner or the person in possession of such
animal or poultry. If, in the opinion of the veterinarian, there is danger
from contagion or infection, such animal or poultry may be placed in
close quarantine at the expense of the owner until all danger of infection
or contagion has passed; whereupon the animal or poultry shall be released
upon the order of such veterinarian.

The provisions of this section shall not apply to any animal or poultry
as herein defined passing directly through the State to another state in
interstate commerce, or when such animal or poultry is kept properly
under control by the owner or custodian of such animal or poultry when
passing through this State to another state; nor shall they apply to any
such animal or poultry brought into this State by a resident of this State
or by a resident of another state who intends to make his residence in
this State; or to any animal brought into this State temporarily for the
purpose of hunting within this State.

§ 3.1-736. Bringing into State animals or poultry infected with di-
sease, or in violation of rule or regulation; disinfecting cars, etc.—Any
person, firm or corporation who, for himself shall transport from outside
the State into this State any animal or poultry, knowing the same to be
infected with a contagious or infectious disease, or any animal or poultry
known by the importer to have been exposed to a contagious or infec-
tious disease, or known to bear upon its body fever ticks or other germs
or known to be a carrier of disease, or who imports any animal or poultry
in violation of any legally adopted quarantine or other rule or regulation
of the Board, or of the State Veterinarian, or who violates a rule or regu-
lation of the Board or the State Veterinarian requiring railroad, naviga-
tion, trucking and airline companies or corporations, firms or persons to
cleanse and disinfect cars or vehicles used by them for transporting live-
stock into or through the State, as may be reasonably necessary to prevent
the spread of contagious and infectious diseases of animals within the
State, shall be guilty of a misdemeanor and punished by a fine of not less
than one hundred dollars nor more than five hundred dollars.
1356 ACTS OF ASSEMBLY [vA., 1966

§ 3.1-737. Duty of operators of stockyards, poultry slaughteryards,
etc—Any person, firm or corporation who operates a stockyard, live-
stock auction sale, slaughterhouse pens, or poultry slaughteryards, or
other places or premises where livestock or poultry are repeatedly as-
sembled, and which may harbor diseases of livestock or poultry, shall
maintain such premises, yards, pens, saleyards or poultry slaughter-
yards or other premises in a sanitary condition as directed by the State
Veterinarian, shall obey all orders or regulations of the Board or the
State Veterinarian as to handling livestock or poultry that may be af-
fected with disease, or that have been exposed to disease, and shall clean
and disinfect such pens, yards, premises, or other establishments or ve-
hicles used in connection therewith, or any part thereof, when ordered to do
so by the State Veterinarian. Any person, firm or corporation who shall fail
or refuse to obey or comply with any such order or regulation shall be
deemed guilty of a misdemeanor, and shall be punished by a fine of not
less than one hundred dollars nor more than five hundred dollars.

§ 3.1-738. Duty of officers to execute orders of Board or State Vet-
erinarian.—The Board, or State Veterinarian, shall have power to call
upon any sheriff or deputy sheriff to execute their orders, and such officers
shall obey the orders of the Board or the State Veterinarian. The officer
or officers performing these duties shall each be entitled to ten dollars
per day for himself and automobile, which payment shall be made upon his
sworn account, approved by the Board. The expenses under this section
shall not exceed, in any event, one thousand dollars per annum.

§ 3.1-739. Report to Commissioner of Agriculture of number of
horses, mules, cattle, sheep, and hogs.—The Commissioner of the revenue
of each county shall report, on or before the first day of November of
each year, the number of horses and mules, cattle, sheep, and hogs as-
sessed by him in his county for each year, to the Commissioner of Agri-
culture and Immigration, upon forms provided by the latter.

§ 3.1-739.1. Suppression of pleuro-pneumonia and other diseases
among domestic animals.—The Governor is authorized to accept in behalf
of the states the rules and regulations prepared by the Commissioner
under and in pursuance of section three of an act of Congress approved
May twenty-ninth, eighteen hundred eighty-four, entitled an act for
the establishment of a bureau of animal industry, to prevent the exporta-
tion of diseased cattle and to provide means for the suppression and
extirpation of pleuro-pneumonia and other contagious diseases among
domestic animals, and to cooperate with the authorities of the United
States in the enforcement of the provisions of the act.

The inspectors of the bureau of animal industry of the United States
shall have the right of inspection, quarantine, and condemnation of
animals affected with any contagious, infectious, or communicable diseases,
or suspected to be so affected, or that have been exposed to any such disease,
and for these purposes are hereby authorized and empowered to enter upon
any ground or premises. Such inspectors shall have the power to call on
sheriffs and peace officers to assist them in the discharge of their duties 0
carrying out the provisions of the act of Congress aforesaid, and it is made
the duty of sheriffs and peace officers to assist such inspectors when 50
requested, and such inspectors shall have the same powers and protection
as peace officers while engaged in the discharge of their duties. _

All expenses of quarantine, condemnation of animals exposed to disease,
and the expenses of any and all measures that may be used to suppress
and extirpate pleuro-pneumonia shall be paid by the United States, and in
no case shall this State be liable for any damages or expenses of any kin
under the provisions of this section.

§ 3.1-740. Liability for damages for violating this and next at
ticle, etc—Any person, firm or corporation knowingly disregarding, Vio

le
lating or evading any provision of any section of this article, with the ex-
ception of §§ 3.1-725 and 3.1-739, or of the next succeeding article or any
rules, regulation or order of the Board, State Veterinarian, or any other
person lawfully deputized to enforce the law, or any such rule, regulation
or order, shall, in addition to the punishment otherwise provided for, or
any other remedy, be liable to the owner thereof, for any damages to his
livestock or poultry, occasioned by such disregarding, violating or evading
of any of such provisions, rules, regulations or orders.

§ 3.1-741. Cost of administering this and the next article-—The
cost and expenses of administering this article, with the exception of
§§ 3.1-725 and 3.1-739, and the next succeeding article shall be paid out of
money appropriated for the protection on oo from disease.

icle
Disposal of Dead Poultry

§ 3.1-742. Definitions—As used in this article unless the context
requires a different meaning:

(a) “Poultry” means all chickens, ducks, turkeys, or other domestic
fowls being raised or kept on any premises in the State for profit.

(b) “Dead poultry” means poultry, exclusive of those intentionally
slaughtered, which die as a result of disease, injury, or of natural causes,
upon any premises in the State.

(c) “Person” means any person, firm, partnership, corporation, or
raping which engages in the raising or keeping of poultry for profit in

(d) “Raising or keeping of poultry for profit” means the raising or
keeping of five hundred or more poultry at one time for the purpose of sale
of such poultry or the eggs produced therefrom.

(e) “Disposal pit”? means an opening dug in the ground to a minimum
depth of six feet, containing a minimum capacity of one hundred fifty cubic
feet, covered with a minimum of twelve inches of dirt, and provided with
one or more openings for the introduction of poultry therein; said openings
to be of a minimum size of eight inches square and equipped with tight lids.

(f) “Incinerator” means a firebox constructed of masonry or meta! in
which dead poultry is burned by the use of fuel.

(gz) “Disposal” means the complete destruction of dead poultry in an
incinerator and /or their proper disposition in a disposal pit.

“Premises” means the entire tract land, including but not
limited to the buildings thereon, owned, leased or used by any person for
the raising or keeping of poultry for profit. ;

§ 8.1-748. Disposal pits or incinerators required of persons keeping
poultry for profit.—It shall be unlawful for any person to engage in the
raising or keeping of poultry for profit on any premises within the Com-
monwealth of Virginia, or to enter into a contract involving the raising or
keeping of poultry for profit with any other person, unless the premises
upon which such poultry is to be raised or kept is provided with a disposal
pit or incinerator which conforms to any additional requirements which
may be established by the Board of Agriculture and Immigration.

§ 8.1-744. Dead poultry to be disposed of in pit or incinerator.—
Every person engaged in the raising or keeping of poultry for profit shall
dispose of any and all dead poultry in a disposal pit or incinerator of the
type as herein provided.

§ 3.1-745. Unlawful to dispose of dead poultry otherwise than in pit
or incinerator.—It shall be unlawful for any person engaged in the raising
or keeping of poultry for profit to dispose of dead poultry on his premises in
any manner except in a disposal pit and/or incinerator.

_ § 8.1-746. Exemptions from provisions of article—The State Veter-
iInarian may grant such exemptions to the provisions of this article as he
be granted for a period exceeding one year beyond June twenty-ninth,
nineteen hundred sixty-two.

§ 3.1-747. Rules and regulations.—The Board of Agriculture and
Immigration is authorized to adopt rules and regulations concerning the
specifications of disposal pits and incinerators and all other matters within
the purview and scope of this article to carry out the provisions of this
article.

§ 3.1-748. Violation a misdemeanor.—Any person violating any pro-
visions of this article or failing to comply with the provisions thereof or
any rules and regulations promulgated thereunder shall be guilty of a mis-
demeanor and punished as provided by jaw

icle
Bang’s Disease, Tuberculosis, Ete.

§ 3.1-749. Condemnation or quarantine of cattle—A report of all
tests for tuberculosis, para-tuberculosis and Bang’s disease shall, within
five days from the date of such tests, be made to the Board. All cattle found,
upon tests, to be affected with tuberculosis or para-tuberculosis and all
reacting positive to the agglutination test for Bang’s disease in the labora-
tories of the Virginia Department of Agriculture and Immigration shall be
immediately condemned and quarantined by the State Veterinarian or
other veterinarians appointed or deputized.

§ 3.1-750. Appraisal of value of condemned cattle.—All condemned
cattle shall be appraised at their fair cash value by three persons, one of
whom shall be appointed by the Board or State Veterinarian or other agent
duly authorized by the Board or its veterinarian, one by the owner, and the
third by the two thus selected. Their appraisement shall be made in writing
and shall be returned to the Board.

§ 3.1-751. Slaughter of condemned cattle by owner.—Within ninety
days after the tests are made, or within such other period of time as the
State Veterinarian may require, the owner or custodian of all diseased
cattle shall sell or slaughter such cattle, or cause such cattle to be slaugh-
tered, under State or federal supervision, or under rules and regulations of
the Board, and the carcasses shall be disposed of under rules and regulations
prescribed by the Board or State Veterinarian and the proceeds retained by
or paid to the owner.

§ 3.1-752. Slaughter by State Veterinarian when owner fails to
act.—Should the owner or custodian fail to slaughter any condemned
animal within the period provided in the preceding section, the State
Veterinarian, or anyone authorized by him, may forthwith seize such con-
demned anima! and slaughter the same.

~ § 3.1-753. Duty of owner or custodian to submit cattle to tests for
tuberculosis, para-tuberculosis or Bang’s disease; keeping separate, etc.—
In every county where the State Veterinarian knows or suspects tubercu-
losis, para-tuberculosis or Bang’s disease to exist, the owners or custodians
of cattle therein shall, upon demand of the State Veterinarian, be com-
pelled to submit cattle to tests for tuberculosis, para-tuberculosis or Bang’s
disease, on the premises where found, at such time as the State Veteri-
narian shall designate after five days’ notice of the day and time to the
custodian and to the owner, or one of the several owners, provided the
owner, or one of the several owners, is in the county at the time of service
on the custodian and the officer serving the notice on the custodian has
actual knowledge of the ownership of the cattle.

Every person to whom the notice shall have been given, shall keep the
cattle separate from all other cattle in the enclosure in which they may
then be when notice is received; shall assemble and have the cattle which
are to be tested in reasonably close confinement on the premises on the day
and at the hour appointed in the notice, and shall assist the persons per-
forming the tests. Any person removing such cattle, or allowing their
removal or escape from such enclosure, or allowing them to come in contact
with other animals, or, without good cause, failing or refusing to confine
the cattle subject to the proposed test, or to assist in the tests, shall be
guilty of a misdemeanor, and shall be punished by a fine of not less than one
hundred dollars nor more than five hundred dollars.

§ 3.1-754. Additional compensation to owners of slaughtered ani-
mals; liability of purchaser of condemned animal.—In addition to the
amount received for the carcasses of animals slaughtered, further compen-
sation will be paid to the owners by the Board out of funds appropriated
for that purpose at a rate not exceeding thirty dollars for a grade or
unregistered animal and sixty dollars for a purebred registered animal,
provided that the total amount received by the owner shall not exceed the
appraised value of such animal or animals; nor shall the amount received
by the owner of each animal slaughtered, out of the State appropriation,
exceed two-thirds of the difference between the appraised and salvage
values; provided, however, that when federal funds are available to par-
tially compensate owners no payment from State funds shall exceed fifteen
dollars for a grade or unregistered animal or thirty dollars for a purebred
registered animal, nor shall the amount received by the owner, out of State
funds, exceed one-third of the difference between the appraised and salvage
values. No payment shall be made on account of the slaughter of any
animal if the animal has been vaccinated with any product or biological
preparation containing attenuated or unattenuated Bang’s disease bacillus
organism prepared as a preventive or remedy for Bang’s disease after the
animal is eight months of age or over. No payment shall be made on account
of the slaughter of any animal, if such animal has been vaccinated with any
product or biological preparation containing attenuated or unattenuated
Bang’s bacillus organisms prepared as a preventive or a remedy for Bang’s
disease before the animal was eight months of age, until the animal shall
have passed one negative test for Bang’s disease not less than eighteen
months after the date of vaccination.

Whenever the owner selling an animal that has been condemned is
unable to obtain compensation out of State and federal appropriations
because of the failure of the purchaser to furnish the seller with such proof
of slaughter as may be required, the purchaser shall, in addition to the
agreed purchase price, be liable to the seller for the amounts he would
otherwise receive out of State and federal appropriations.

Not more than ten per centum of any funds appropriated by the State
for any fiscal year for the purposes herein set forth shall be expended
during such year for cattle so slaughtered in any one county, unless the
Board shall otherwise determine.

§ 3.1-755. Altering, substituting, etc., tag, brand, etc.—Any person
who shall, otherwise than in accordance with such rules and regulations as
may be adopted by the Board, alter, deface, change from one animal to
another, mutilate, substitute, remove, misrepresent, or otherwise interfere
with any tag, brand, tatoo, mark, or other identification adopted or used by
any county in this State, by the Board, by the United States Bureau of
Animal Industry, or by any other state, for the identification of any
animal in this State or shipped into this State, affected with tuberculosis
or Bang’s disease, suspected of being so affected, or undergoing tests to
determine whether such animal or animals are so affected, shall be deemed
guilty of a misdemeanor, and shall be punished by a fine of not less than
one hundred dollars nor more than five hundred dollars.

§ 3.1-756. Unlawful to sell or administer anthrax germs, hog cholera
virus, etc., without permission of State Veterinarian; testing of living
biologicals for use in livestock or poultry.—It shall be unlawful for any
person, firm or corporation to buy, sell or have in possession, or to admin-
ister to livestock, or 2rmit any other to administer to livestock, any
product or biological preparation containing attenuated or unattenuated
spores or germs of anthrax commonly called vaccine, or unattenuated hog
cholera virus, prepared as a preventative or remedy for anthrax or hog
cholera, without permission in writing from the State Veterinarian for
each such purchase, sale or administration. Any person or persons per-
mitted to administer any such product or biological preparation shall fur-
nish the State Veterinarian, within ten days thereafter, a report of such
administration, showing the kind and amount and make or brand of the
vaccine or virus used, when and from whom purchased, where, when and by
whom administered, including all persons assisting in the administration,
together with a description of all animals to which administered, including
the breed, age and sex of each animal.

The State Veterinarian is authorized and empowered to examine and
test any living biological intended for use in livestock or poultry to deter-
mine if it is safe, pure, potent and effective. The Board of Agriculture and
Immigration is authorized and empowered to make and promulgate rules
and regulations providing for the limitation, prohibition, or use, of any
biological found to be unsafe, impure, impotent or ineffective.

§ 3.1-757. Penalty for violation as to preceding sections.—Any per-
son, firm or corporation who shall violate the provisons of § 3.1-756 shall
be deemed guilty of a misdemeanor, and shall be punished by a fine of not
less than one hundred dollars nor more than five hundred dollars.

Article 4
Feeding Garbage to Swine

§ 3.1-758. Definitions.—“Garbage” shall mean all putrescible animal,
poultry and vegetable wastes resulting from the handling, preparation,
cooking and consumption of foods containing animal or poultry carcasses
or parts thereof.

“Raw garbage” shall mean all garbage which may contain animal or
poultry carcasses or parts thereof regardless of previous processing, which
before being fed to swine, has not been heated or otherwise treated so as to
destroy the contagion of vesicular disease.

“Cooked garbage’”’ shall mean all garbage which may contain animal
or poultry carcasses or parts thereof regardless of previous processing
which before being fed to swine has been thoroughly heated to at least two
hundred twelve degrees Fahrenheit for at least thirty minutes.

“Person” shall mean any person, firm, partnership, corporation, insti-
tution or agency of the State of Virginia, or of any county, city, or town.
The term shall not apply to persons feeding domestic household garbage
originating on the premises where fed.

§ 3.1-759. Unlawful to feed raw garbage to swine on own premises.—It
shall be unlawful for any person to feed or knowingly allow any other
person to feed any raw garbage to swine on his premises or any premises
over which he has any control.

§ 3.1-760. Permit required.—It shall be unlawful for any person to
feed garbage to swine without first obtaining a permit for such feeding
from the Commissioner of Agriculture and Immigration of Virginia. A
separate permit shall be required for each location upon which such garbage
feeding operations are to be carried on or conducted. The permits issued
hereunder shall be renewed annually and all permits shall expire on June
thirtieth of each year.

§ 3.1-761. Application for permit; fees—Application for such per-
mit shall be made annually to the Commissioner of Agriculture and Immi-
gration in writing on forms to be furnished by the Commissioner. Such
application shall set forth the name of the applicant, whether a person,
firm, partnership, association, corporation or other entity; the address of
the applicant, the location of the garbage feeding operation for which the
permit is sought; a brief description and location of the facilities for the
treatment of garbage and such other information as the Commissioner may
require.

The application shall be accompanied by a fee of twenty-five dollars in
the case of any person feeding not more than twenty-five swine at any given
time, fifty dollars in the case of any person feeding not less than twenty-
six nor more than fifty swine at any given time, and one hundred dollars in
the case of any person feeding fifty-one or more swine at any given time.
The fees collected are hereby appropriated to the Board of Agriculture and
Immigration for the purpose of enforcing this article and the regulations
authorized herein.

§ 3.1-762. Rules and regulations; inspection of premises.—The State
Board of Agriculture and Immigration shall have authority and at its dis-
cretion may adopt and enforce regulations regarding the feeding, hauling,
handling, transportation on the highways of the Commonwealth of garbage
and garbage-fed swine. The said Board also may, at its discretion, provide
for the regular inspection of premises where garbage is fed to swine and
may adopt and enforce such regulations as it deems necessary regarding the
sanitation of such premises and methods and practices involved in the
processing and feeding of garbage to swine.

§ 3.1-763. Violations—Any person who shall violate the provisions
of this article shall be guilty of a misdemeanor and shall be punished by a
fine of not less than one hundred dollars nor more than five hundred dollars.
Each day upon which such violation occurs shall constitute a separate
offense. In addition to the penalties herein provided, such person may be
enjoined from continuing such violation.

Furthermore, the Commissioner shall forthwith revoke, and not there-
after reissue during the period of one year, the license of any person upon
receiving a record of his second conviction within any twelve months’
period of any offense or a se i punishable under this article.

rticle 5
Eggs and Hatchery Products

§ 3.1-764. Requirements for eggs sold as fresh or with similar de-
scription—(a) When used in connection with selling, offering for sale or
advertising eggs for sale, the terms fresh, strictly fresh, hennery, new-
laid or descriptions of similar import shall be applied only to eggs with
air cells not over one-fourth of an inch deep, localized and regular; whites
firm and clear; yolks allowed to be visible; and no visible germ develop-
ment. These characteristics are required of all eggs marked, sold, offered
for sale or advertised for sale as being fresh, strictly fresh, hennery, new-
laid or descriptions of similar import.

(b) Determination of these qualities in eggs shall be by candling or
by breaking out.

§ 3.1-765. Certain producers exempt from law.—Producers selling
eggs produced by their own hens, or eggs purchased from other producers
not to exceed sixty dozen a week from such other producers, direct to house-
hold users, restaurants, hotels, retail stores, bakeries, or other institutions
purchasing eggs for serving to guests, patrons, employees or inmates are
exempt from this law, provided all eggs are of edible quality and of the
quality as represented.

§ 3.1-766. Eggs not required to be marked.—Eggs moving into pri-
vate or cooperative packing plants, which are first receivers, where they
will be candled and graded, need not be marked.

§ 3.1-767. Sale or offering for sale of inedible eggs.—The sale or
offering for sale of inedible eggs as defined in the official grades adopted by
the Commissioner of Agriculture is prohibited except that incubated eggs
may be sold for commercial purposes other than for human consumption
provided such incubated eggs are marked, packaged, and disposed of in a
manner approved by the Commissioner.
§ 3.1-768. Enforcement of article; how eggs marked and quality
determined.—This article shall be enforced by the Commissioner of Agri-
culture or his duly authorized agents and all eggs offered for sale except
those exempted in §§ 3.1-765 and 3.1-766 of the Code of Virginia shall be
marked according to the official grades and sizes adopted by the Commis-
sioner with the approval of the Board of Agriculture and Immigration and
shall conform to the standards established for the grade and size as labeled
or marked “ungraded.” Official determination of the quality of all eggs out-
lined in this article shall be by candling or breaking out.

§ 3.1-769. When seller to furnish invoice; what to appear thereon.—
Any person, firm or corporation selling or delivering eggs not produced by
hens owned by such person, firm or corporation to restaurants, hotels, retail
stores, bakeries or other institution purchasing eggs for serving to guests,
patrons, employees or inmates shall furnish the purchaser with an invoice
showing the name and address of the seller and the quantity, grade and
size of such eggs. If the eggs are ungraded, such fact shall appear on the
invoice. A copy of such invoice shall be retained by the seller and purchaser
for not less than thirty days.

§ 3.1-770. Violation a misdemeanor.—Any person, firm or corpora-
tion which by itself, its agents or employees, violates any provision of this
article shall be guilty of a misdemeanor.

Article 6
Certified Hatchery Products

§ 3.1-771. Illegal use of term “certified.’”—It shall be unlawful for
any person, firm or corporation to use, orally or in writing, relative to any
hatchery products, poultry breeding stock, chicks or turkey poults, sold or
advertised or offered for sale in this State, the term “certified,” alone or
with other words, or to so use any other term or form of words which sug-
gests that there has been inspection and certification, or either, unless such
hatchery products, poultry breeding stock, chicks, or turkey poults, have
been certified as hereinafter provided.

§ 3.1-772. Inspection and certification —If such hatchery products,
poultry breeding stock, chicks or turkey poults were produced in another
state or in a foreign country, certification by the legally constituted inspec-
tion official of such state or country or of the United States shall be suffi-
cient. If they were produced in Virginia, certification shall be by the
Division of Markets of the Department of Agriculture and Immigration.
The Director of such Division with the approval of the Commissioner of
Agriculture and Immigration shall adopt and promulgate appropriate stand-
ards for general health, vigor, type and production for certifying such
hatchery products, poultry breeding stock, chicks, or turkey poults as are
suited to the needs of agriculture in this and other states.

§ 3.1-778. Penalty for violation—Any person, firm or corporation
who shall violate any of the provisions of this article, shall be guilty of a
misdemeanor, and upon conviction shall be punished by a fine of not less
than ten dollars and not to exceed five hundred dollars.

§ 3.1-774. Separate offenses.—Each violation of the preceding sec-
tion shall constitute a separate offense.

3.1-775. Prosecutions for violations.—The Director of the Division
of Markets, with the approval of the Commissioner, is hereby empowered
and directed, in his discretion, to cause prosecutions for violation of this
article to be instituted through the Commonwealth’s attorneys of this
State, or otherwise, in counties or cities of the state where in his opinion
violations of this article are found.

Article 7
Sale of Baby Chicks, Ducklings, Etc.

§ 3.1-776. Sale, etc., in quantities of less than six prohibited.—No

person shall sell, offer for sale, barter or give away, in quantities of less
than six, living baby chicks, ducklings, or other fowl under two months

old.
Article 8
Promotion of Sale and Use of Poultry
and Poultry Products

§ 8.1-777. Legislative findings; purpose of article—Subject to
§ 3.1-785, the General Assembly finds and declares that poultry and poultry
products are important to the prosperity of this State and are a major
source of income to a large segment of the State’s population. Additional
research, education, publicity, advertising and other means of promoting
the sale and use of poultry and poultry products are required to enhance the
economical production and orderly marketing of these poultry products and
will be beneficial to the State as a whole. This legislation is adopted in
furtherance of these purposes.

§ 3.1-778. Declaration of public interest; definitions—Subject to
§ 3.1-785, the General Assembly hereby declares it to be in the public
interest that farmers producing chicken eggs, turkeys or chicken broilers
each be permitted to express in a separate advisory referendum whether
taxes and assessments should be levied upon any one of these commodities
with revenues therefrom to be used in encouraging an expanded program
of research, education, publicity, advertising and other means of promotion
of the specified product upon which such tax or assessment is levied. The
word “farmer” as used herein shall include all producers of any one of such
poultry products as defined in § 3.1-781. The word “county” means a
source of income.

§ 3.1-779. Petition for referendum on question of levying tax and
action of Board thereon; expenses of referendum.—The Board of Agricul-
ture and Immigration, hereinafter referred to as the Board, upon petition
being filed with it by the Virginia State Poultry Federation, Incorporated,
hereinafter referred to as the Federation, requesting an advisory referen-
dum and upon finding that sufficient interest exists among the producers of
such product in this State to justify a referendum, shall authorize the
holding of a referendum as hereinafter set forth. The Commissioner of
Agriculture and Immigration, hereinafter referred to as the Commissioner,
or his designated agents, shall thereupon be fully empowered and directed
to hold and conduct a referendum on the question of whether or not the
farmers in this State who are the producers of that poultry product are of
the opinion that such additional research, education, publicity, advertising
and other means of promotion are required and are willing to pay addi-
tional taxes and assessments upon such poultry product for the purposes
stated in this article. The amount of the tax to be voted upon in the sepa-
rate referendums authorized by this article shall be two cents per 30-dozen
case of eggs or two cents per laying hen producing such eggs when such
hens are marketed; seven cents per hundred pounds live-weight of turkeys
marketed, and twenty-five cents per thousand pounds of chicken broilers
marketed. Upon filing the petition under the authority of this section, the
Federation shall thereby agree to pay all expenses or costs of the holding of
such referendum, if the same is determined to be held, and the Federation
sha]l become indebted for and shall pay all such expenses. The expenses
mentioned herein shall not include payment for services of any employee of
the Department of Agriculture and Immigration or the Virginia Agricul-
tural Extension Service.

§ 3.1-780. Commissioner to arrange for and manage referendum;
notice to be posted.—_The Commissioner with the assistance of the Virginia
Agricultural Extension Service and the Federation shall arrange for and
manage any referendum conducted under this article. He shall, sixty days
before the date upon which a referendum is to be held, fix, determine and
county in which the poultry product is produced the date, hours, and polling
places or other ways for voting in such referendum, the amount to be
collected, the sources thereof, the means by which such sums shall be
one and the general purposes for which the funds so collected shall be
applied.

§ 3.1-781. Persons eligible to vote—Each farmer who kept 400 or
more laying hens for the purpose of producing chicken eggs, raised 500 or
more turkeys or 1,000 or more chicken broilers during the year next pre-
ceding the date of the referendum held pursuant to this article shall be
eligible to vote in the referendum provided for in this article concerning his
particular commodity, provided that he shall certify to such production
on forms which shall be prepared by the State Board. Any person meeting
such i aia shall not be required to be an eligible voter in other
respects.

§ 3.1-782. Rules governing ballots, conduct of referendum, canvas-
sing, etc.—The Board shall further adopt rules governing the ballots to be
used in the referendum, the conduct of the referendum, canvassing the
results thereof, and declaring the results of the referendum. Such rules
shall be adopted after consultation with the Federation.

§ 3.1-783. Date of referendum, areas, hours, voting places, etc.; pub-
lication of notice.—The Board after consultation with the Federation shall
fix the date, areas, hours, voting places, rules and regulations with respect
to the holding of such referendum and may provide for voting by mail if it
deems it advisable, and the State Board shall mail copies of the same to be
published in each newspaper of general circulation in the counties in which
the referendum is to be held at least sixty days before the holding of any
such referendum under this article. Such notice, so published shall contain,
in addition to the other information herein required the amount of the taxes
or assessments proposed to be levied, and the purpose for which the pro-
ceeds shall be expended.

§ 3.1-784. Distribution of ballots, etc.; canvass and declaration of
results.—The Commissioner with the assistance of the Federation shall
prepare and distribute in advance of such referendum all necessary ballots
and supplies required for such referendum and shall under rules and regula-
tions adopted and promulgated by the State Board and with the assistance
of the Federation and the Extension Service arrange for the necessary
polling places. He shall, within ten days after such referendum canvass
and publicly declare the results thereof and certify the same to the Gover-
nor and the State Board.

§ 3.1-785. Action of Governor if two-thirds or more of voters favor
levy of tax.—The Governor shall examine all matters relating to the holding
of the referendum and whether two-thirds or more of the farmers voting
in a referendum provided for under this article expressed themselves as
favoring additional research, education, publicity, advertising and other
means of promotion and the levying of the tax and assessment to support
the same. In addition, the Governor shall examine the general need for such
agricultural research and promotion of the particular poultry product con-
cerning which the referendum was held and determine whether or not
additional research, education, publicity, advertising and other means of
promotion concerning the poultry product are needed. If he finds that the
same are needed, he shall so proclaim and shall establish within the Depart-
ment of Agriculture and Immigration a Virginia Poultry Products Com-
mission as defined in § 3.1-789.

§ 3.1-786. Action of Governor if one-third of more of voters oppose
levy of tax.—The Governor shall examine all matters relating to the holding
of the referendum and whether one-third or more of the farmers voting in a
referendum provided for under this article expressed themselves as oppos-
ing additional research, education, publicity, advertising and other means
of promotion of the particular poultry product which was the subject of the
referendum and the levying of taxes and assessments to support the same.
In addition, the Governor shall examine the general need for research and
promotion of the poultry product which was the subject of the referendum
and determine whether or not additional research, education, publicity,
advertising and other means of promotion of that product are needed. If
he finds that the same are not needed, he shall so proclaim.

§ 3.1-787. Subsequent referenda.—If the Governor issues a proc-
lamation under § 3.1-786, the Board may call, in the manner prescribed in
this article, another referendum in the next succeeding year for the pur-
poses specified in § 3.1-778 or in any year in which a petition is filed with
the Board under § 3.1-779. If the Governor issues a proclamation under
§ 8.1-785 then no other referendum shall be held on the poultry product
which was the subject of the proclamation until after the expiration of five
years from the effective date of the imposition of the tax or assessment,
except upon a petition of the Federation but at the expiration of the said
five-year period another referendum shall be had in the manner herein
provided in order to determine whether such taxes or assessments shall
continue to be levied for an additional five-year period.

_ § 3.1-788. Question to be printed on ballots.—The question to be
printed on the ballots used in a referendum held under this article, unless
otherwise specified herein, shall be as follows:

Do you favor additional research, education, publicity, advertising and
other promotion of (here insert the name of the poultry product which is
the subject of the referendum) and the levy of tax or assessment of (here
insert the amount of the tax to be levied on such poultry product) in accord-
ance yath a provisions of this article to support the same?

es

No
§ 8.1-789. Virginia Poultry Products Commission established; mem-
bership ; officers; compensation; powers and duties.—The Virginia Poultry
Products Commission is hereby established within the Virginia Depart-
ment of Agriculture and Immigration. The Commission shall be composed
of seven members appointed by the Governor from nominations submitted
to him by the Federation; the terms of the members shall run concurrently
with the term of the Governor making the appointment but vacancies
occurring before the expiration of the term shall be filled for the unexpired
term. The Commission shall elect a chairman, vice chairman and such
other officers as may be required. The Commission shall have charge of the
management and expenditures of the Virginia Poultry Products Fund
established in the State treasury. The Commission may establish an execu-
tive committee and charge it with such powers, duties and functions as the
Commission deems proper.

The members of the Commission shall be paid a per diem of ten dollars
while transacting official business for the Commission and shall be entitled
to be reimbursed for expenses incurred in connection with their attendance
at regular or special called meetings of the Commission. ;

The Commission shall have power to expend funds to provide for
programs of research, education, publicity, advertising and other promo-
tion of each and every poultry product on which taxes or assessments are
being levied in accordance with the provisions of this article, to manage
the fund so as to accumulate a reserve for contingencies, to establish an
office and employ such technical, professional and other assistants as may
be required, to contract for research, publicity, advertising and other pro-
motional services, and to take all such measures as will assist in strengthen-
ing and promoting the best interest of farmers producing the poultry
products on which such tax or assessment has been levied in accordance
with the provisions of this article. The Commission shall not expend funds
produced from a tax or levy on one poultry product for any purpose other
than research and promotion of that poultry product except that the pro-
ceeds collected by a tax or assessment on each of the poultry products speci-
fied in this article may be charged its proportionate share of the general
operating costs of the Commission.

The chairman of the Commission shall make a report at each annual
meeting of the Commission and furnish the members of the Commission
with a statement of the total receipts and disbursements for the year as to
each poultry product specified in the article. He shall file a copy of such
report with the Commissioner and shall make copies of such report avail-
able for publication.

§ 3.1-790. Handler to deduct tax from payment to farmer; report
and payment of tax by handler.—For the purpose of carrying out the
provisions of this article, the packer, processor or handler, hereinafter
referred to as “the handler,” of any poultry product on which a tax or
assessment has been levied in accordance with the provisions of this article,
and who purchases from the farmer shall deduct from payments made to
the farmer for any such farm product the amount of the tax levied thereon
and shall remit such tax or assessment to the Commission in the manner
and at the time hereinafter provided. The term “handler” also includes the
farmer who packs, processes or performs the functions of handler for a
portion or all of his products. Deductions shall be made on each purchase or
separate farmer-to-handler transaction consisting of 60 dozen or more of
chicken eggs, 400 or more chicken hens, 500 or more turkeys or 1,000 or
more chicken broilers. The report to the Commissioner shall be on forms
prescribed and furnished by the Commission and shall be a statement of
the gross volume of the farm product on which the tax or assessment is
levied which has been packed, processed or handled by the handler and
shall be filed with the Commissioner on the tenth day of each month,
covering such poultry products purchased or handled during the preceding
month. The tax or assessment levied on the poultry product shall be due
and payable by the handler on the same day that the report is due. Such
tax or assessment shall be paid to the Commission and shall be promptly
eg the State treasury to the credit of the Virginia Poultry Products

und.

§ 3.1-791. Records to be kept by handlers.—The handler shall keep
a complete record of the poultry products subject to the provisions of this
article which have been packed, processed or handled by him and shall
preserve such records for a period of not less than two years from the time
such poultry products were packed, processed or handled. Such records
shall be opened to the inspection of the Commission and its duly authorized
agents and shall be established and maintained as required by the Com-
mission.

§ 3.1-792. Interest on tax; collection of delinquent tax.—The tax or
assessment imposed under the provisions of this article and unpaid on the
date on which such tax was due and payable shall bear interest at the rate
of one per centum per month from and after such due date until paid. If
any person defaults in any payment of the tax or interest thereon, the
amount shall be collected by a civil action in the name of the Common-
wealth at the relation of the Commission and the person adjudged in
default shall pay the costs of such action. The Attorney General at the
request of the Commission shall institute such action in the proper court
for the collection of the amount of any tax past due under this article includ-
ing interest thereon.

§ 3.1-793. Virginia Poultry Products Fund; Commission may co-
operate with other agencies.—All moneys levied and collected under the
provisions of this article shall be credited on the Comptroller’s books to a
fund to be known as the “Virginia Poultry Products Fund.” All moneys
credited to the Virginia Poultry Products Fund are hereby appropriated
for the purposes set forth in this article and shall be used exclusively for
the purposes set out in this article. In carrying out the purposes of this
article, the Commission shall have the authority to cooperate with other
State, regional and national agricultural organizations in research, educa-
tion, publicity, advertising and other promotional activities.

§ 3.1-794. Expenditures.—All moneys collected under this article
shall be expended by the Virginia Poultry Products Commission by war-
rants of the Comptroller on the State treasury issued on vouchers signed by
the duly authorized officer of the Commission.

The unexpended balance of the Virginia Poultry Products Fund at the
end of each biennium shall not be transferred to the general fund of the
State treasury.

§ 3.1-795. Misdemeanors.—It shall be a misdemeanor for any han-
dler knowingly to report falsely to the Commission the quantity of poultry
products handled by him during any period or to falsify the records of the
poultry products processed or handled by him, or to fail to keep a complete
record of the poultry products processed or handled by him, or to preserve
such record for a period of not less than two years from the time such
poultry products are processed or handled.

§ 3.1-796. Who deemed “handler.’”—In the case of turkeys and
broilers, the handler shall be the processor or live hauler who purchases
from the farmer. In the case of eggs, the handler shall be the grading sta-
tion, packer or huckster handling the products of farmers or the processor
or live handler of the laying hens when marketed.

PTER 28
STOCK AND POULTRY FEEDS

§ 3.1-797. Samples to be analyzed.The Commissioner shall cause
to be procured from time to time, and under the rules and regulations
to be prescribed by him, with the approval of the Board, in accordance
with the provisions of this chapter, samples of commercial feeds exposed
or offered by sale in this State, and shall cause the same to be analyzed
and examined microscropically or otherwise by the chemists or other
experts of the Department of Agriculture and Immigration.

§ 3.1-798. Publication of results of analyses.—The Commissioner is
authorized to make such publication of the results of the examination
and analyses of commercial feeds, as he may deem proper.

§ 3.1-799. Appointments.—For the proper execution of the provi-
sions of this chapter the Commissioner shall, with the approval of the
Board, make such appointments as may be necessary, and the Board shall
fix the compensation of such appointees, all subject to the provisions of
Chapter 9 of Title 2.

§ 3.1-800. Adulteration or misbranding; penalty for violation—Any
person, firm or corporation, either directly or through any agent, who
shall manufacture, sell, expose for sale, or have in his possession with
intent to sell, any commercial feed which is adulterated or misbranded
within the meaning of this chapter, or within the rules and regulations
prescribed in accordance with the provisions of this chapter by the Com-
missioner, with the approval of the Board, or who shall disseminate by
any medium whatsoever any false, fraudulent or misleading claim con-
cerning any commercial feed, or who shall violate any of the provisions
of this chapter, a punishment for which is not otherwise specifically pre-
scribed in this chapter, shall be guilty of a misdemeanor, and for such
offense shall be fined not exceeding two hundred dollars for the first offense,
and for each subsequent offense not exceeding three hundred dollars, or
be imprisoned not exceeding one year, or both fine and imprisonment, in
the discretion of the court; and such fines, less legal costs and charges,
shall be paid into the State treasury.
§ 3.1-801. How analysis made.—The chemists or other experts of the
Department of Agriculture and Immigration shall make, by the methods
prescribed by the Board, examinations of specimens of commercial feed
exposed or offered for sale in Virginia, which may be collected from time
to time as prescribed by this chapter, in various parts of the State.

§ 3.1-802. Notice to manufacturer when specimens show adultera-
tion or misbranding.—If it shall appear from any such examination that
any such specimen is adulterated or misbranded within the meaning of
this chapter, or the rules and regulations prescribed by the Commissioner,
notice thereof shall be given to the manufacturer, distributor, or person
from whom the sample was obtained. If the person to whom such notice
is given shall so request within twenty days from the date such notice
is received, the Commissioner shall furnish to such person a sufficient por-
tion of the sample concerned to permit an independent examination and
analysis thereof.

§ 3.1-803. Certification of violations to Commonwealth’s attorney.—
Any person so notified shall be given an opportunity to be heard under
such rules and regulations as may be prescribed by the Commissioner
and the Board, and if it appears that any of the provisions of this chapter
have been violated, the Commissioner shall certify the facts to the
Commonwealth’s attorney of the city or county in which the sample was
obtained, and furnish that officer with a copy of the results of the analysis
or other examinations of such article, duly authenticated by the anlayst
or other officer making such examination under the order of such officer.

_ § 8.1-804. Analyst or examiner to give testimony.—In all prosecu-
tions arising under the provisions of this chapter the analyst or other
officer making the analysis or examination shall give testimony concerning
the results thereof in open court.

§ 3.1-805. Duty of Commonwealth’s attorney to prosecute.—It shall
be the duty of every Commonwealth’s attorney to whom the Commissioner
shall report any violation of the provisions of this chapter to cause the
proceedings to be commenced and prosecuted without delay for the fines
and penalties in such cases prescribed.

§ 3.1-806. What included in term commercial feed.—The term com-

mercial feed, as used in this chapter, shall be held to include all materials
intended for feeding to animals other than man, except unground hays,
whole or ground straws, silage, hulls, cobs and corn stover when the
same are not mixed with other materials, nor shall it apply to unmixed,
whole crimped, whole rolled or whole flaked seeds; nor to unmixed or un-
processed whole seeds; nor shall it include canned animal foods, materials,
intended for feeding aquatic creatures, or materials intended for feeding to
birds, other than wild birds and poultry.
. § 3.1-807. Marking bags or other containers; proof of dietary claims;
invoice required when feed sold in bulk or contains drugs, etc.—Every
bag, barrel or other container of commercial feed sold, offered or exposed
for sale within this State, shall have affixed thereto, or printed thereon, in
a conspicuous place on the outside thereof, a legible and plainly printed
statement, in the English language clearly and truly certifying the net
weight of the package; the name, brand or trademark under which the
article is sold; the name and address of manufacturer or distributor;
the name of each and all ingredients of which the article is composed; a
statement of the maximum percentage it contains of crude fiber and the
minimum percentage of crude fat and the minimum percentage of crude
protein; all three constituents to be determined by the methods prescribed
by the Board. In the case of any commercial feed containing five per cent
or more of mineral ingredients, such statement shall include the minimum
and maximum percentages of calcium and salt and the minimum per-
centages of iodine and phosphorous.
In the case of any dietary claim the Commissioner may require proof
of the validity of such claim. Such data shall not be divulged to the public.

f any commercial feed is delivered in bulk, the distributor shall,
at the time of delivery, furnish the recipient with an invoice setting forth
all information required by this section. If a commercial feed contains
drugs or substances potentially dangerous to animal health, the label
shall provide such directions for use and warnings against misuse as the
Commissioner may deem necessary.

§ 3.1-808. Application for registration of name or trademark of feed;
when changes in composition permitted.—Each and every manufacturer,
or distributor, before distributing, selling, offering or exposing for sale
in this State any commercial feed shall, for each and every such feed
bearing a distinguishing name or trademark, apply for registration with
the Commissioner. Such application shall be submitted in duplicate on a
form prescribed by the Commissioner and shall contain such information
concerning the commercial feed sought to be registered as the Commis-
sioner may require. The Commissioner, from time to time, may permit
changes in the composition of such feed when it is made to appear that
such changes will not reduce the nutritional value thereof without requir-
ing new registration.

All registrations required by this section shall expire on December
thirty-one of the year for which they were issued. Any person who shall
sell, offer for sale or distribute in this State any commercial feed without
registering the same shall be subject to a penalty of twenty-five dollars,
to be paid to the Commissioner who shall deposit the same in the State
treasury to the credit of the Literary Fund.

§ 3.1-809. Service upon nonresidents subject to chapter; requiring
bond or security; action on bond.—Any nonresident person, firm or cor-
poration desiring to distribute within this State any commercial feed,
and any such nonresident who may be subject otherwise to the provisions
of this chapter, shall file a written power of attorney designating the
Secretary of the Commonwealth of Virginia or a resident agent as the
agent of such nonresident upon whom shall be served all lawful process
against or notice to such person, firm or corporation. The Secretary of the
Commonwealth of Virginia shall be allowed such fees therefor as provided
by law for designating resident agents. The Commissioner shall be fur-
nished with a copy of such designation of the Secretary of the Common-
wealth of Virginia or of a resident agent, such copy to be duly certified by
the Secretary of the Commonwealth of Virginia. The Commissioner may
also require any nonresident, person, firm or corporation subject to the
provisions of this chapter to furnish to the Commissioner a fidelity bond
or other security satisfactory to the Commissioner and conditioned that
the principal therein named shall pay for any and all damages suffered by
any person by reason of the malfeasance, misfeasance or nonfeasance of
the principal or his or its agents in the conduct of said business, provided
that in no case shall a bond or other security exceeding ten thousand dollars
be required. A copy of said bond duly certified by the Commissioner shall
be received as evidence in all the courts of this State without further proof.

y person having a right of action against any such person, firm or
corporation may bring suit against the principal and sureties on such bond.
Should the surety furnished become unsatisfactory, said person, firm, or
corporation shall execute a new bond and should he on it fail to do so, it
shall be the duty of the Commissioner to cancel such registration and give
notice of said fact, and it shall be unlawful thereafter for such person, firm
or corporation to engage in said business without obtaining a new registra-
ion.

§ 3.1-810. When registration by agent or seller not required.—When-
registered the same as required by § 3.1-808, no agent or seller of such
manufacturer or distributor shall be required to register.

§ 3.1-811. When Commissioner may refuse to register.—The Com-
missioner shall have power to refuse to register any commercial feed
under a name which would be misleading as to the materials of which
it is composed, or when the names of each and all of its ingredients are
not stated, or if the guarantees of the constituent parts of the feed do not
meet the standards adopted by the Commissioner, with the approval of
the Board.

§ 3.1-812. Cancellation of registration—Should any commercial
feeds be registered, and if it is afterwards discovered that they are in vio-
lation of any of the provisions of this chapter, the Commissioner shall
have the power to cancel such registration.

§ 3.1-813. Board to adopt rules and standards.—The Board shall
from time to time adopt rules and regulations for carrying out the pro-
visions of this chapter, fix and publish standards or limits of variability
permissible in any article of commercial feed, and these standards, rules
and regulations when so published, shall be standards for Virginia before
all courts, but such standards shall not go into effect until a reasonable
time after publication. The Board shall have authority to make uniform
rules and regulations for carrying out the provisions of this chapter.

§ 3.1-814. Inspection tax imposed; records, reports and payments;
ton defined.—Every manufacturer, or distributor of any commercial feed
as defined in § 3.1-806 shall pay the Commissioner an inspection tax of
fifteen cents per ton for each ton of such commercial feed sold, offered
or exposed for sale or distributed in this State; provided, however, that
for all commercial feeds sold in individual packages of five pounds or less
the annual inspection fee shall be fifteen dollars for each brand in lieu
of any other fee imposed by this section on the tonnage so packaged.

As used in this chapter, the word “ton” shall mean a net weight of
two thousand pound avoirdupois.

Each manufacturer or distributor subject to an inspection fee based
upon tonnage shall keep an accurate record of the tonnage of commercial
feed sold in the State. Such records shall be subject to examination and
verification by the Commissioner or his authorized representative dur-
ing regular business hours.

A report, under oath, on forms supplied by the Commissioner shall be
filed in the office of the Commissioner by each manufacturer or distributor
subject to the provisions of this chapter on the fifteenth day of January,
April, July and October, setting forth the tonnage of commercial feed sold
in this State during the preceding calendar quarter, and the inspection fee
based upon such report shall then be due and payable to the Commissioner.
If the report is not filed and the inspection fee is not paid by the due date,
the Commissioner within five days thereafter shall notify the manufacturer
or distributor, by certified or registered mail, of his failure to file or
pay. If the inspection fee is not paid by the fifteenth day following due
date, the amount shall bear a penalty of ten per cent, which shall be
added to the inspection fee due and shall constitute a debt and become the
basis of judgment against such manufacturer or distributor.

Except as otherwise provided in § 3.1-816, filing the reports and pay-
ment of the fees required by this section shall be the responsibility of the
person, firm or corporation who distributes commercial feed to the ulti-
mate consumer thereof.

§ 3.1-815. Exemptions from inspection tax.—The inspection tax of
fifteen cents per ton shall not apply to sales of commercial feeds to manu-
facturers or exchanges between manufacturers, provided the commercial
feed so sold or exchanged is used solely in the manufacture of a registered
feed or is sold outside this State. Nothing in this chapter shall be con-
strued as exempting any registered commercial feed which enters into the
composition of a feed mixture upon which no fee is paid from payment of
the inspection fee provided forin § 3.1-814.

§ 3.1-816. Agent or seller not required to pay additional inspection
fee.—When the manufacturer, or distributor has paid the inspection fee
provided for in § 3.1-814, no agent or seller of such manufacturer or dis-
tributor shall be required to pay any additional inspection fee for the
same year.

§ 3.1-817. Redemption of tags or stamps.—Upon demand, all inspec-
tion tags or stamps shall be redeemed by the Commissioner upon sur-
render of same, accompanied by an affidavit that the same have not been
used, provided such tags or stamps are returned for redemption within
one year from January 2, 1957.

§ 3.1-818. Disposition of money received as fees.—The money col-
lected under the provisions of § 3.1-814 shall be paid into the State treasury
to the credit of the general fund.

§ 3.1-819. Seizure, etc., of adulterated feed—Any manufacturer, or
distributor, who shall sell, offer, or expose for sale or distribution in
this State any commercial feed, without complying with the requirements
of this chapter, or which may contain substantially a smaller percentage
of crude protein, or crude fat, or a larger percentage of crude fiber, than it
is certified to contain, or who shall mix or adulterate any feed with for-
eign mineral or other substances, such as rice shaff, hulls, cotton seed
hulls, buckwheat hulls, peanut shells, corn cobs, oat hulls, weed seeds,
elevator chaff, screening refuse, flax plant refuse, or any materials of little
or no feeding value, unless the same shall have been accepted for a specific
use by regulation of the Board, or with substances injurious to the health
of animals shall be guilty of a violation of the provisions of this chapter,
and, in addition to the fine prescribed in § 3.1-800, the lot of feed mixed
and adulterated shall be subject to seizure, condemnation or sale by the
circuit or corporation court, as the case may be, the proceeds from such
sales to be deposited in the State treasury to the credit of the Literary
Fund. The court, however, may, in its discretion, release the feed so
withdrawn when the requirements of this chapter have been complied
with, and upon payment of all costs and expenses incurred by the State in
any proceedings connected with such seizure and withdrawal.

§ 3.1-820. “Withdrawal from sale” orders by Commissioner.—When
the Commissioner has reasonable cause to believe a lot of commercial feed
is being distributed in violation of any of the provisions of this chapter
or of any regulation promulgated pursuant to this chapter, he may issue
and enforce a written or printed “withdrawal from sale” order warning
the distributor not to dispose of such feed in any manner until written
permission is given by the Commissioner or the court. The Commissioner
shall release the lot of commercial feed so withdrawn when the provisions
and regulations have been complied with and all costs and expenses in-
curred in the withdrawal have been paid. If compliance is not obtained
within thirty days from the date of such order, the Commissioner shall be-
gin proceedings for condemnation.

__§ 3.1-821. Assessments for variance from guaranteed analysis and
mislabeling.—If the analysis of any commercial feed bearing a guaran-
teed analysis of twenty-four percent protein or less shall fall below the
guarantee as much as five percent and not more than ten percent of the
protein guarantee registered with the Commissioner, or branded on the
package, or shown on the invoice or delivery slip, it shall be the duty of
the Commissioner to assess twice the value of the deficiency against the
manufacturer or guarantor. If the analysis of such feed shall fall below
the guarantee over ten »orcent of the protein guarantee, it shall be the
duty of the Commissioner to assess three times the value of the deficiency
against the manufacturer or guarantor.

If the analysis of any commercial feed bearing a guaranteed analysis
of more than twenty-four percent protein shall fall below the guarantee
as much as two percent and not more than four percent of the protein
guarantee registered with the Commissioner, or branded on the package,
or shown on the invoice or delivery slip, it shall be the duty of the
Commissioner to assess twice the value of the deficiency against the
manufacturer or guarantor. If the analysis of such feed shall fall below
the guarantee over four percent of the protein guarantee, it shall be the
duty of the Commissioner to assess three times the value of the de-
ficiency against the manufacturer or guarantor.

If the analysis of any commercial feed shall fall more than one-half
of one percent below the fat guarantee registered with the Commissioner,
or branded on the package, or shown on the invoice or delivery slip, it
shall be the duty of the Commissioner to assess twice the value of the
deficiency against the manufacturer or guarantor.

If the analysis of any commercial feed shall exceed by more than
two percent the maximum fiber guarantee registered with the Com-
missioner, or branded on the package, or shown on the invoice or delivery
slip, it shall be the duty of the Commissioner to assess ten percent of
the value of the feed against the manufacturer or guarantor. If the
analysis of any commercial feed shall exceed the maximum fiber content
established by regulation by more than five percent of the established
maximum, it shall be the duty of the Commissioner to assess ten percent
of the value of the feed against the manufacturer or guarantor. In no
case shall both of the foregoing penalties be assessed against a single
lot of commercial feed.

If the microscopic analysis reveals that any commercial feed is mis-
labeled, the Commissioner may, in his discretion, assess ten percent of the
value of the feed against the manufacturer or guarantor.

The minimum assessment under any of the foregoing provisions shall
in no case be less than three dollars ($3.00), regardless of the value of the
deficiency.

All assessments levied by the Commissioner under any of the forego-
ing provisions shall within two months from date of notice to the manu-
facturer or guarantor, be paid to the Commissioner who shall deposit
the same in the State treasury to the credit of the Literary Fund. Failure
to do so shall be grounds for the Commissioner to cancel all registrations
of such manufacturer or distributor. It shall be the duty of the Commis-
sioner to institute appropriate proceedings in the name of the Com-
monwealth to recover such assessments.

The approximate retail value per pound of the various guarantees
shall be computed annually by the Commissioner and be used to estab-
lish the relative value of the commercial feed sold or offered for sale in
this State. The Commissioner is authorized to furnish and upon applica-
tion, shall furnish such relative values to any persons engaged in the
manufacture or sale of feed in this State.

For the purpose of this chapter the term “percent” or “percentage”
shall mean percentage by weight. The term “value of the deficiency” means
the monetary value of the deficiency in protein or fat of the lot of com-
mercial feed from which the sample was collected. The value of the de-
ficiency may be calculated by multiplying the number of pounds of protein
or fat deficient in the sample lot (as compared to the label guarantee)
by the retail value per pound of protein or fat, computed by the Com-
missioner as authorized in this section.

§ 3.1-822. Right of Commissioner to enter and take samples.—The
Commissioner, together with his agents, and assistants, shall have free
access to all places of business, mills, buildings, carriages, cars, vessel
and package of whatsoever kind used in the manufacture, transportation,
importation or sale of any commercial feed, and shall have power and au-
thority to open any package containing or supposed to contain any com-
mercial feed; and, upon tender and full payment of the selling price of
the sample, to take therefrom, in the manner hereinafter prescribed, sam-
ples for analysis.

§ 3.1-823. Samples analyzed at least once annually.—The Commis-
sioner shall annually cause to be analyzed, in his discretion, at least one
sample so taken of every commercial feed that is found, sold, offered or
exposed for sale in this State under the provisions of this chapter.

§ 3.1-824. How samples taken.—The sample, not less than one-fourth
pound in weight, shall be taken as prescribed by regulation of the Board.

§ 3.1-825. Publication of result of analysis—The Commissioner is
hereby authorized to publish from time to time, in reports or bulletins,
the results of the analysis of such sample or samples, together with such
additional information as circumstances advise; provided, however, that if
such sample or samples as analyzed by the analyst differ from the state-
ment prescribed in § 3.1-807, then at least thirty days before publication
of the results of such analysis the Commissioner shall give written notice
of such results to the manufacturer, or distributor of such feed.

§ 3.1-826. Sale in bags to which labels, etc., are attached by metal
fasteners.—It shall be unlawful for any person, firm or corporation to sell,
in this State, any feed-stuff for livestock, or poultry, in any bag to which
any card, label or ticket shall be attached by any hook, snap, or other
fastener or device, made of metal of any kind whatsoever.

Any person, firm, or corporation, violating the provisions of this
section shall be guilty of a misdemeanor, and each and every violation
shall constitute a separate offense, and upon conviction thereof shall
be fined not less than twenty-five dollars nor more than two hundred and
fifty dollars.

§ 3.1-827. Refusing to comply or obstructing officers —Any manu-
facturer, or distributor who refuses to comply with the requirements of
the provisions of this chapter or any manufacturer, distributor or per-
son who shall impede, obstruct, hinder or otherwise prevent or attempt to
prevent any chemist, inspector or other authorized agent in the per-
formance of his duty in connection with the provisions of this chapter,
shall be guilty of a misdemeanor.

§ 3.1-828. Voluntary submission of samples.—Any person, firm or
corporation engaged in the business of buying or handling, or feeding
foodstuffs for cattle, stock and other domestic animals in this State, may
send samples of such foodstuffs to the chemical department of the State
Agricultural Department, with request that the same be analyzed and
the State Chemist with the approval of the Commissioner shall see that
such analyses are made with all reasonable expedition and shall report
the results thereof to the person sending such samples without charge,
so far as the appropriation made to the State Agricultural Department will
permit, provided the use of the appropriation for such purpose shall be in
the discretion of the Commissioner.

CHAP. 29
ANIMAL REMEDIES

§ 3.1-829. Definitions.—As used in this chapter the following terms
shall have the meanings respectively ascribed to them.

(a) “Person” includes any individual, firm, partnership, corporation,
association, or organized group of persons whether incorporated or not.

(b) “Animal” means any animate being, which is not human, en-
dowed with the power of voluntary action.

(c) “Animal remedies” means all drugs, combinations of drugs, pro-
1374 ACTS OF ASSEMBLY [va., 1966

prietary medicines, and combinations of drugs and other ingredients,
other than for food purposes or cosmetic purposes, which are prepared
or compounded for animal use; except those exempted by the Commissioner.

(d) “Drug” means:

(1) Articles recognized in the Official United States Pharmacopoeia,
the official Homeopathic Pharmacopoeia of the United States, Official
National Formulary, or any supplement to any of them.

(2) Articles intended for use in the diagnosis, cure, mitigation, treat-
ment or prevention of disease in animals.

(3) Articles (other than food or cosmetics) intended to affect the
structure or any function of the body of animals.

(4) Articles intended for use as a component of any articles specified
in subparagraph (1) or (2) of this paragraph.

(e) “Label” means a display of written, printed, or graphic matter
upon the immediate container of any article; and a requirement made
under authority of this chapter that any word, statement, or other infor-
mation appearing on the label is not complied with unless such word,
statement or other information also appears on the outside container or
wrapper of the retail package of such article, or is easily legible through
the outside container or wrapper.

(f) “Labeling” means all labels and other written, printed, or graphic
matter.

(1) Upon any article or any of its containers or wrappers;

(2) Accompanying such article at any time.

(zg) “Dosage Form” means any animal remedy prepared in tablet,
pills, capsules, ampules, or other units suitable for administration as an
animal remedy.

(h) “Advertisement” means all representations, other than those on
the label, disseminated in any manner or by any means, relating to animal
remedies as defined in this chapter.

(i) “Commissioner” means Commissioner of Agriculture and ImmI-
gration of the Commonwealth of Virginia.

(j) “Board” means the Virginia Board of Agriculture and Immigra-
tion.

(k) “Medicated feed” means a product obtained by mixing a com-
mercial feed and a drug, and is subject to all provisions of this chapter,
except as otherwise determined by the Commissioner as provided in
§ 3.1-834(e).

(1) A word importing the singular number only may extend and be
applied to several persons or things, as well as to one person or thing,
and a word importing the plural number only may extend and be applied
to one person or thing, as well as to several persons or things.

(m) “Sell” or “sale” includes exchange.

§ 3.1-830. Short title; delegation of authority vested in Commis-
sioner.—The Commissioner shall administer this chapter, which shall be
known as the “Virginia Animal Remedies Law of 1956.” All authority
vested in the Commissioner by virtue of the provisions of this chapter may
with like force and effect be executed by such employees of the Department
of Agriculture and Immigration as the Commissioner may from time to
time designate for said purpose.

§ 3.1-831. Adulterated.—An animal remedy is adulterated:

(a) If it was prepared, or held under unsanitary conditions whereby
it may have become contaminated with filth, or whereby it may have
been rendered injurious to animal health.

(b) If its composition, purity, strength, or quality falls below or
differs from that which it is purported or is represented to by
its labeling; but the Commissioner shall allow a reasonable tolerance from

le
such representation as is in accordance with good manufacturing prac-
tices.

(c) If it consists in whole or in part of any filthy, putrid or decom-
posed substance.

(d) If it bears or contains any poisonous or deleterious substance
which may render it injurious to health under such conditions of use as
are customary or usual.

(e) If its container is composed of any injurious deleterious sub-
stance which may render it injurious to health.

§ 3.1-832. Misbranded.—An animal remedy is misbranded:

(a) Unless the label bears:

(1) The name and principal addresses of the manufacturer or person
responsible for placing such animal remedy on the market.

(2) The name, brand, or trademark under which the animal remedy
is sold.

(3) An accurate statement of the minimum net contents of the pack-
age, lot, or parcel, such contents stated by weight in the case of solids, by
volume in the case of liquids, and by both count and weight or volume
per dose in the case of dosage forms.

(4) The common or usual name of each active ingredient; in the case
of a drug or drugs intended to be mixed with or in a feed for animals, and
in the case of mixtures of a drug or drugs with or in a feed for animals,
the English name of each active ingredient shall be stated and also the
percentage of each active ingredient, or, in the case of antibiotics, the
teeta of grams of each such active ingredient present in one pound of the
product.

(5) Adequate directions for use.

(6) Adequate warnings against use in those conditions, whether
pathological or normal, where its use may be dangerous to the health of
animals, or against unsafe dosage, methods or duration of methods, admin-
istration, or application, in such manner and form, as are necessary for
the protection of animals.

(b) If the labeling is false or misleading in any particular.

(c) If its container is so made, formed, or filled as to be deceptive
or misleading as to the amount of contents.

(d) If it is dangerous to the health of animals when used in the
dosage or with the frequency or duration prescribed, recommended, or
suggested in the labeling of such remedy.

(e) If any word, statement, or other information required to appear
on the label is not prominently placed on such label with such con-
spicuousness, as compared with other words, statements, designs, or de-
vices in the labeling, and in such terms, as to render it likely to be read
and understood by the ordinary individual under customary conditions
of purchase and use.

Any animal remedy that is manufactured and distributed under
license from and under the supervision of the U. S. Department of Agri-
culture, and in compliance with the regulations of such department com-
plies with this section.

§ 3.1-833. Withholding noncomplying remedies from sale; tagging;
condemnation; correction of adulteration or misbranding.—The Commis-
sioner shall cause animal remedies, which are found or believed not to
comply with §§ 3.1-829 through 3.1-844, inclusive, to be withheld from
sale pending compliance with such sections.

(a) Whenever the Commissioner finds or has reasonable cause to be-
lieve an animal remedy is adulterated or misbranded he shall affix to such
article a tag or other appropriate marking, giving notice that such article
is, or is suspected of being, adulterated or misbranded and has been de-
tained and warning all persons not to dispose of such article in any manner
until permission is given by the Commissioner or the court. Any such
article may be removed from display by the manufacturer or vendor, but
must be left on the premises.

(b) If such a detained article is found, after examination and analy-
sis, to be adulterated or misbranded, the Commissioner may petition the
judge of any court of competent jurisdiction in whose jurisdiction the
article is detained for condemnation of such article. If the Commissioner
finds that such detained article is not adulterated or misbranded, he shall
remove the tag or other marking.

(c) If the court finds that a detained animal] remedy is adulterated
or misbranded, such article shall, after entry of the decree, be destroyed
at the expense of the defendant, under the supervision of the Commis-
sioner; all court costs and fees, and storage and other proper expenses,
shall be levied against the defendant or his agent.

(d) If the adulteration or misbranding can be corrected by proper
processing or labeling of the article, the court, after entry of the de-
cree and after such costs, fees and expenses have been paid and a sufficient
bond, conditioned that such article shall be so processed or labeled, has
been executed, may order such article to be delivered to the defendant
for such processing or labeling under the supervision of the Commissioner.
The expense of such supervision shall be paid by the defendant. The bond
shall be returned to the defendant on the representation to the court by the
Commissioner that the article no longer violates §§ 3.1-829 through 3.1-
844 inclusive, and that expenses incident to such proceeding were paid.

§ 3.1-834. Registration required.—All anima] remedies offered for
sale in Virginia shall be registered by the manufacturer or person re
sponsible for placing such animal remedy on the market.

(a) Any person may make application for registration of any animal
remedy by filing with the Commissioner, on forms furnished by him,
a statement with respect to such animal remedy setting forth:

(1) The name and principal address of the manufacturer or person
responsible for placing such animal remedy on the market with the name
and address of the person to whom correspondence should be directed.

(2) The name, brand, or trademark under which the animal remedy
will be sold.

(b) A label for any animal remedy shall accompany each application
for registration, and, when requested by the Commissioner a representa-
tive and true sample or specimen of each animal remedy to be registered
shall accompany such application. A statement of claims made or to be
made which differ from the label submitted shall be filed with the Com-
missioner prior to use.

(c) If the Commissioner, after examination and investigation, finds
that the application and labeling comply with §§ 3.1-829 through 38.1-844,
inclusive, a certificate of registration shall be issued to the applicant on
payment of an inspection fee as provided in § 38.1-842. All such cer-
tificates shall be issued for a period not exceeding one year, expiring the
thirty-first day of December of each year; but no such certificate 18 &
recommendation or indorsement of the animal remedy registered.

(d) This section does not apply to an animal remedy intended solely
for investigational], experimental, or laboratory use by qualified persons,
provided such remedy is plainly labeled “for investigational use only.”

(e) The Commissioner may determine whether a preparation intended
for animal use and subject to registration shall be registered as a commer:
cial feed and/or as an animal remedy.

(f) The manufacturer or person responsible for placing on the mar-
ket an animal remedy which is offered for sale, sold or otherwise distributed
in this State before it has been properly registered shall be subject to 4
penalty of twenty-five dollars payable to the Commissioner, who shall

e
deposit the same in the State treasury to the credit of the Literary Fund.
This penalty shall be paid before the animal remedy is registered.

§ 3.1-835. Investigations by Commissioner; right of access; sam-
ples.—The Commissioner shall make all necessary investigations pertinent
to the enforcement of §§ 3.1-829 to 3.1-844, inclusive.

The Commissioner shall have free access at all reasonable hours to
any establishment in which animal remedies are manufactured, processed,
packed, sold or offered for sale, to inspect such premises and to determine
whether such sections are being violated.

The Commissioner may secure samples or specimens of any animal
remedy after paying or offering to pay for them, and he shall make an
examination or analysis of such sample to determine whether such sec-
tions are being violated.

§ 3.1-836. Refusal and revocation of registration—The Commis-
sioner may refuse to issue any certificate of registration to any applicant
if available facts indicate, that the product proposed for registration
is of negligible or no value for the correcting, alleviating, or mitigating
animal injuries or diseases for which it is intended, or suspend or re-
ee any registration for flagrant violation of §§ 3.1-829 to 3.1-844 in-
clusive.

§ 3.1-837. Prohibitions.—No person shall:

(a) Sell, deliver, hold, or offer for sale any animal remedy which has
not been registered with the Commissioner as provided in § 3.1-834, ex-
cept that any biological product for use on or testing of any livestock,
poultry, or any animal, manufactured under a license issued by the U. S.
Department of Agriculture, shall not be considered as being subject to the
registration requirements of such section.

(b) Manufacture, sell, deliver, hold, or offer for sale any animal
remedy that is adulterated or misbranded.

(c) Compound, manufacture, make, produce, pack, package, or pre-
pare within this State any animal remedy to be offered for sale or dis-
tribution unless such compounding, manufacture, making, producing,
packaging, packing or preparing is done with adequate equipment under
the supervision of a licensed veterinarian, a graduate chemist, a licensed
pharmacist, a licensed physician, or some other person as may be ap-
proved by the Commissioner after an investigation and a determination by
the Commissioner that they are qualified by scientific or technical training
or by experience to perform such duties of supervision as may be neces-
sary to protect animal health and public safety.

(d) Disseminate any advertisement which is false or misleading in
any respect, but no person or medium for the dissemination of any ad-
vertisement, except the manufacturer, packer, distributor, or seller of the
article to which a f :lse advertisement relates, is subject to the penalties
for violations of §§ .'.1-829 to 3.1-844 inclusive, by reason of the dissemina-
tion by him of such ialse advertisement, unless he refused, on the request
of the Commissioner to furnish the name and address of the manu-
facturer, packer, distributor, seller, or advertising agency which caused
him to disseminate such advertisement.

(e) Refuse to permit entry or inspection, or to permit the acquisition
of a sample or specimen of an animal remedy, as authorized by § 3.1-835.

(f) Dispose of a detained article in violation of § 3.1-833.

(g) Give a guaranty which is false, except a person who relied on a
guaranty to the same effect signed by, and containing the name and ad-
aoe of, the person from whom he received the animal remedy in good

aith.

(h) Alter, mutilate, destroy, obliterate, or remove any part of the
labeling of any animal remedy if such acts result in such animal remedy
being misbranded, or do any other act, while such animal remedy is being
held for sale, which results in the misbranding of such article.

(i) Forge, counterfeit, simulate, or falsely represent, or without
proper authority use, any mark, stamp, tag, label, or other identification
device required by § 3.1-832.

(j) Sell or offer to sell any biological product for use on any live-
stock, poultry, or other animal, unless such product is manufactured under
a license issued by the U. S. Department of Agriculture or a regis-
tration issued by the Commissioner, or unless such product meets the
requirements of the Federal “Food, Drug, and Cosmetic Act.”

(k) Sell or offer to sell any biological product that has not been kept
in refrigeration under conditions prescribed by the rules and regulations
of the Board.

§ 3.1-838. Use of information acquired by Commissioner or em-
ployees of Department.—The Commissioner or any employee of the De-
partment of Agriculture and Immigration shall not use or reveal informa-
tion acquired under §§ 3.1-834 and 3.1-835 except in the enforcement of
this chapter, or to the courts, when relevant in any judicial proceeding.

§ 8.1-839. Enforcement of chapter; rules and regulations.—The
Commissioner shall enforce this chapter, and the Board may promulgate
and adopt such reasonable rules and regulations as are necessary.

§ 3.1-840. Publication of information by Commissioner.—The Com-
missioner may publish at such times and in such forms as he may deem
proper, information concerning the sales of animal remedies, together
with such data on their production and use as he may consider advisable,
and a report of the results of the analyses of official samples of animal
remedies sold within the State as compared with the analyses guaranteed
in the registration and on the label; provided, however, that the infor-
mation concerning production and use of animal remedies shall not dis-
close the operations of any person.

§ 3.1-841. Exemptions.— §§ 3.1-829 to 3.1-844 inclusive, do not ap-
ply to or interfere with the compounding or dispensing of veterinarians’
prescriptions, nor the dispensing of drugs or preparations by regi
pharmacists compounded at the request of the purchaser and not intended
for resale, nor shall such sections apply to any animal remedy sold ex-
clusively to or used exclusively by licensed veterinarians.

§ 8.1-842. Inspection fees; renewal of registration—The Commis-
sioner shall before issuing a certificate of registration for any animal
remedy, collect from the applicant for such certificate, an inspection fee
of twenty dollars for each separate article registered. When an animal
remedy has been registered and the inspection fee paid by the manu-
facturer or distributor no other person shall be required to pay such fee.

Registration of any animal remedy may be conti:.ued in force upon
the payment of an annual inspection fee of twenty d lIlars for each sep-
arate product registered. Such renewal of registration must be applied
for and all inspection fees paid on or before the thirty-first day of De-
cember of each year.

Registration must be applied for and all inspection fees paid prior to
distributing an animal remedy in the State.

Any retailer of animal remedies who has bought a supply of such
remedies at a time, as shown by invoice dates, when such remedies were
registered, may sell or otherwise dispose of such remedies without reregis-
tering them.

§ 3.1-848. Disposition of funds collected.—All funds collected by the
Department of Agriculture and Immigration under this chapter except
under § 3.1-834 shall be paid into the State treasury to the credit of the
general fund.

§ 3.1-844. Report of violations; prosecutions—The Commissioner
shall report violations of this chapter, to the proper prosecuting authori-
ti

Each attorney for the Commonwealth to whom the Commissioner
reports any violation of such sections, shall institute appropriate proceed-
ings in any court of competent jurisdiction without delay. Before any
such violation is reported to any such attorney for the institution of
criminal proceedings, the person against whom the proceeding is con-
templated shall be given appropriate notice and an opportunity to present
his views before the Commissioner either orally or in writing, in person
or by attorney, with regard to such contemplated proceeding.

This section shall not require the Commissioner to report, for the in-
stitution of prosecution under such sections, minor violations of this chap-
ter if he believes the public interest will be adequately served in the
circumstances by a suitable written notice of warning.

In all prosecutions under this chapter involving the composition of
an animal remedy, a certified copy of the official analysis signed by the
Commissioner or analyst shall be accepted as prima facie evidence of the
composition, provided the defendant has been furnished a copy thereof
in advance of the trial.

§ 3.1-845. Violation of chapter or rules and regulations a misde-
meanor.—Any person convicted of violating any provisions of this chap-
ter or the rules and regulations issued thereunder shall be adjudged guilty

of a misdemeanor.
CHAP. 30
Slaughterhouses, Meat and Dressed Poultry
Article 1
In General

§ 8.1-846. Sanitary conditions of slaughtering of meats, etc.; powers
of health officers; punishment for violation.—It shall be unlawful for any
person, firm or corporation, to sell, or to have in possession with intent to
sell for human food, meat or meat food products slaughtered, prepared, or
kept where the sanitary conditions are such that the meat or meat food
products are rendered unhealthy, unwholesome or otherwise unfit for
human food.

All peace and health officers shall seize any animal carcasses or parts
thereof intended for sale or offered for sale for human food, which have
been slaughtered and prepared, handled or kept under unsanitary condi-
tions, and shall deliver the same forthwith to and before the nearest justice
of the peace or other officer authorized to issue such warrants, together with
all information obtained, and the justice of the peace or other officer shall,
upon sworn complaint being filed, issue warrants for the arrest of all
persons who have violated the provisions of this section. Such warrants
shall be returnable before the trial justice having jurisdiction, who shall
proceed to try the same. Any person, firm or corporation found guilty of
violating the provisions of this section shall be fined not less than ten nor
more than one hundred dollars, and the meat in question shall be destroyed.

§ 3.1-847. Rules for sanitation established.—The rules, regulations
and standards set forth in the following eleven sections are established for
the sanitation of slaughterhouses, abattoirs, packing houses, sausage fac-
tories, rendering plants or other places where animals or poultry are slaugh-
tered for sale for human food or where animal or poultry carcasses, or
parts thereof, are prepared for human food.

§ 8.1-848. Lights, drains, plumbing, ventilation and wholesomeness
in general.—Every building or room used as a slaughterhouse, abattoir,
packing house, sausage factory, rendering plant, or similar establishment
shall be properly lighted, drained, plumbed and ventilated and conducted
with due regard for the purity and wholesomeness of the meat food prod-
ucts therein produced and with strict regard to the influences of such condi-
tions upon the health of the operatives, employees and clerks. _

§ 3.1-849. Floors, walls, ceilings, implements and clothing of opera-
tives.—The floors, side walls, ceilings, receptacles, implements, machinery,
and the clothing of the operatives, shall at all times be kept in a clean,
healthful and sanitary condition. .

§ 8.1-850. Screening doors, windows and other openings.—The
doors, windows and other openings, during the fly season, shall be fitted
with self-closing screen doors and wire window screens of not coarser than
fourteen mesh wire gauze.

§ 3.1-851. Protection from flies, dust and dirt.—The meat food prod-
ucts in the process of preparation, packing, storing or distribution, shall be
securely protected from flies, dust, dirt and from all other foreign or in-
jurious contamination.

§ 3.1-852. Sleeping quarters.—The sleeping places for persons em-
ployed in such establishments shall be separate and apart from the room in
which meat food products are manufactured, packed, stored or distributed.

§ 3.1-853. Contagious diseases——No person shall be permitted to
work in any such establishment who is known to be afflicted with any con-
tagious or infectious disease, or any skin disease.

§ 3.1-854. Toilets and washrooms.—Every such establishment shall
be provided with a convenient wash room and toilet of sanitary construc-
tion, but such toilet shall be entirely separate and apart from any room
used for the preparation, manufacture or storage of meat food products.

§ 3.1-855. Freedom from odors and contamination.—The rooms or
compartments in which meat or meat food products are prepared, cured,
stored, packed, or otherwise handled, shall be free from odors from toilets,
catchbasins, tank rooms, casing departments, hide cellars, or other injurious
contamination ; nor shall hides be stored in such rooms.

§ 3.1-856. Water and ice.—All water and ice used in the preparation
of carcasses, meats or meat food products shall be pure, clean and whole-

e.

§ 3.1-857. Maintaining swine near slaughterhouse.—No swine shall
be maintained at or near any slaughterhouse.

§ 3.1-858. Tankage of offal—The offal from the slaughter of animals
or poultry shall not be fed, unless it be first subjected to proper tankage; and
every slaughterhouse or abattoir shall be equipped with adequate facilities
for the tankage of the offal incident to the slaughter of animals or poultry,
and all the gross offal except the casings resulting from the slaughter of
animals or poultry shall be tanked.

§ 3.1-859. License required.—No person, firm or corporation shall
operate or conduct any slaughterhouse, abattoir, packing house, sausage
factory, rendering plant or place where animals or pou'try are slaughtered
for sale for human food, or where animal or poultry carcasses, or parts
thereof, are prepared for human food, unless a license, for which no charge
shall be made has first been issued by the Commissioner to the owner,
operator or manager of such establishment, authorizing such person, firm
or corporation to operate and conduct a slaughterhouse, abattoir, packing
house, sausage factory, rendering plant or other similar business, and no
person shall conduct or operate any such establishment or business after
the revocation of such license, nor slaughter animals or poultry for sale for
food in any place other than in a slaughterhouse which is licensed as pro-
vided in § 3.1-860.

§ 3.1-860. Power of Commissioner in regard to licenses.—The Com-
missioner is authorized and empowered to cause inspection to be made of
every building, premises or place in or upon which animals or poultry are
slaughtered for human food, or animal or poultry carcasses, or parts there-
of, are prepared for human food and to grant license for the operation of the
same whenever, in the judgment of the Commissioner, the business con-
ducted in or upon the building premises or place is managed in a sanitary
manner, and in accordance with the requirements of the law and of the
rules and regulations provided in §§ 3.1-847 to 3.1-858 and of such rules
and regulations as may be adopted as provided in § 3.1-864, and, when-
ever, in his judgment, such building, premises or place, and the surround-
ings, are suitable for the proper sanitary operation of a slaughterhouse,
abattoir, or other similar business. :

§ 3.1-861. Not applicable to slaughterhouses regulated by United
States.—Nothing in §§ 3.1-847 to 3.1-864 shall apply to established
slaughterhouses, abattoirs, packing houses, sausage factories, rendering
plants or other similar establishments, when such establishments are
licensed and conducted under the rules and regulations of the United States
Department of Agriculture.

§ 3.1-862. Exemption as to farmers.—S§ 3.1-847 to 3.1-864 shall not
apply to the preparation or sale of meat or meat products from animals
raised or purchased for farm purposes by the farmers offering such prod-
ucts for sale; provided, the products have been handled and prepared in a
sanitary manner and are sound and wholesome, and the provisions of
§§ 3.1-847 to 3.1-864 shall not be construed to prohibit the sale of such
products by merchants purchasing from such farmers; provided such prod-
ucts are kept and handled in a sanitary manner.

§ 3.1-863. Revocation of license.—Every license issued under the
provisions of § 3.1-860 may be revoked by the Commissioner, if any of the
provisions of §§ 3.1-847 to 3.1-864 have been violated and the holder of
such license convicted thereof.

§ 3.1-864. Rules for enforcement.—The Board may fix and estab-
lish such rules and regulations in accordance with the provisions of §§ 3.1-
847 to 3.1-863 as may be necessary for their enforcement.

§ 3.1-865. Delivery wagons used for transportation of meats.—Deliv-
ery wagons used to transport or deliver meats or meat products must be
provided with tarpaulins of sufficient size to cover the entire body of wagon
when loaded, and the tarpaulins shall be carefully spread over loads of
meats and meat products unprotected by boxes or casings when in transit
through the streets of the cities and towns of the State.

§ 3.1-866. Transporting dead animals not fully covered, etc.—If any
person engaged in the regular business of using or disposing of or render-
ing dead animals shall transport any dead animal, other than those killed
for human consumption, along a public road or street without the same
being fully covered, he shall be fined not less than five dollars nor more than
one hundred dollars.

§ 3.1-867. Smithfield hams, etc., defined; inspection of packing
houses.—Genuine Smithfield hams, sides, shoulders and jowls are hereby
defined to be the hams, sides, shoulders and jowls which are cut from the
carcasses of peanut-fed hogs, raised in the peanut belt of the State of Vir-
ginia or the State of North Carolina, and which are cured, treated, smoked
and processed in the town of Smithfield, in the State of Virginia.

Packing houses situated in the town of Smithfield, engaged in the
business of packing hams, sides, shoulders or jowls, as hereby defined, shall
be subject to inspection.

§ 3.1-868. Only genuine Smithfield hams to be labeled as such.—_No
person, firm or corporation shall, knowingly, label, stamp, pack, sell or
offer for sale in this State any ham, side, shoulder or jow] as genuine Smith-
field ham, side, shoulder or jowl, either in or out of a container, unless such
ham, side, shoulder or jowl be a genuine Smithfield ham, side, shoulder or
jowl as hereby defined.

§ 3.1-869. Peanut-fed hogs.—No person, firm or corporation shall
knowingly sell or offer for sale in this State any live hog as a peanut-fed
hog raised in the peanut belt of the State of Virginia or State of North
Carolina, unless such hog was, in fact, so fed and raised; and no person,
firm or corporation shall knowingly sell or offer for sale in this State, any
whole dead hog, or any cut from the carcass of a dead hog, and represent,
in any manner that such hog had been peanut-fed and raised in the peanut
belt of the State of Virginia or the State of North Carolina, unless such was
the fact, or represent that such cut from the carcass of a dead hog was
taken from a peanut-fed hog, raised in the peanut belt of the State of
Virginia or the State of North Carolina, unless such was the fact.

3.1-870. Identifying hogs.—No person, firm, or corporation, other
than a person, firm or corporation actually engaged in agriculture and
slaughtering hogs raised upon his, their or its own premises, or the farm of
some other, in this State, shall sell or offer for sale to any person, firm or
corporation, any dead hog, or cut therefrom, unless it bears some mark of
identification to be designated by the Board, showing where and when it
was slaughtered. This section shall have no application to any establish-
ment in this State covered by the inspection of the United States Agricul-
tural Department.

§ 3.1-871. Penalty for violation—Any person, firm, corporation or
association violating any of the provisions of this article, except § 3.1-846,
shall be guilty of a misdemeanor, and upon conviction thereof, shall be
punished by a fine of not less than twenty-five nor more than three hundred

dollars.
Article 2
Inspection And Grading Of Beef

§ 3.1-872. Standards of United States Department of Agriculture
adopted.—The standards prescribed by the United States Department of
Agriculture for the inspection or grading of beef in the whole carcass or by
parts of carcasses, are adopted by this State for the inspection or grading
of all packer slaughtered beef in Virginia.

§ 3.1-873. Requisitions to be on United States Government standard
only.—All requisitions for beef required by any of the institutions or instru-
mentalities of this State shall be on the United States Government standard
only, regardless of any brand or trademark placed thereon by any butcher,
packer, processor or dealer.

§ 3.1-874. Inspectors and graders.—To the end that all such beef be
graded or inspected and stamped in accordance with the foregoing require-
ments, the Commissioner of Agriculture and Immigration, subject to the
approval of the Board, may request an inspector and grader of the United
States Department of Agriculture. If such inspector or grader is not avail-
able, the Commissioner shall appoint an inspector or grader of the qualifi-
cations required of an inspector and grader by the United States Depart-
ment of Agriculture. The compensation of such inspector or graders shall
be such as may be provided in accordance with law for the purpose.

§ 3.1-875. Fees for inspecting and grading.—There shall be paid for
all beef inspected or graded under the provisions of this article by the
packer or processor such fees as may be agreed upon by such packer or
processor and the Division of Beef Grading and Stamping of the United
States Department of Agriculture and approved by the Commissioner of
Agriculture and Immigration of Virginia. In case of excessive mileage
traveled, and small quantities of meat inspected, resulting in expense out of
line with the usual cost, the Commissioner shall determine fees on a fair
basis as between the packer or processor and the State. All fees chargeable
to the processor or packer for inspection or grading are to be paid on or
before the tenth of the following month to the State Department of Agricul-
ture for transfer to the State treasury to the credit of the general fund.

§ 3.1-876. Inspection or grading not mandatory.—Nothing in this
article shall be construed to make grading or inspection mandatory on the
part of any packer, processor or butcher.
Article 3
State Meat Inspection Service

§ 3.1-877. Commissioner of Agriculture and Immigration to estab-
lish and operate service.—The Commissioner of Agriculture and Immigra-
tion shall establish and operate a State meat inspection service and provide
such service to any qualified slaughterhouse, meat packing plant or similar
establishment in Virginia applying to him for such inspection and employ
an inspection force for the purpose of carrying out the provisions of this
article. All powers, duties and functions of the Virginia Department of
Health in relation to the meat inspection service heretofore conducted by it
are transferred to and vested in the Commissioner and Department of
Agriculture and Immigration.

§ 3.1-878. When slaughterhouse, meat packing plant, etc., qualified
to receive inspection.—A slaughterhouse, meat packing plant or similar
establishment may be considered as qualified to receive meat inspection
when it has complied with the standards established by the State Board of
Agriculture and Immigration, regarding the physical plant, equipment,
sanitary facilities, operating practices and refuse disposal facilities of such
establishments.

§ 3.1-879. Standards and regulations of State Board of Agriculture
and Immigration.—The State Board of Agriculture and Immigration is
authorized to establish official standards, adopt and enforce regulations
dealing with plant construction and equipment, sanitation and operating
practices, ante mortem and post mortem inspection of meat food animals,
processing of meat and meat food products, packaging, wrapping and trans-
portation of such products, disposal of condemned carcasses, portions
thereof, and meat and meat food products derived therefrom, marking of
such products after inspection, qualification, and training of inspectors,
and all other matters directly pertaining to the slaughter, processing and
inspection of animals for food in any establishment operating under the
State meat inspection service as provided in § 3.1-877 and 3.1-878. In no
case shall the standards and regulations herein authorized be below those
required in the regulations governing meat inspection of the United States
Department of Agriculture.

§ 3.1-880. Effect of inspection and approval.—All meat and meat
food products, inspected and passed and so marked, either on the product
or on the package by the service herein authorized shall be considered as
having complied with any rule, regulation or ordinance of any county,
city or town in Virginia, having to do with the inspection of meat or meat
food products for wholesomeness.

§ 3.1-881. Inspection by political subdivisions.—Meat and meat prod-
ucts meeting State or federal inspection requirements may be sold with-
out further inspection in any political subdivision of the Commonwealth.
However, nothing herein contained shall be construed as preventing any
political subdivision of the State from requiring inspection of fresh dressed
meat and meat products that have not been inspected by the State or
federal meat inspection service and are offered for sale by farmer-producer
of the animal from which such meat came; provided that any such local
inspection, if required, shall be conducted by a full-time inspector or in-
spectors, at a convenient location, on a regularly available basis; and pro-
vided, further, that the costs of such local inspection shall be borne by the
political subdivision imposing same.

§ 3.1-882. Inspection not required for cured meat.—Inspection shall
not be required for cured meat. No county, city or town may prohibit
the sale of uninspected cured meat.

§ 3.1-883. Cost of inspection service—The cost of operating the
State meat inspection service shall be paid out of the appropriation pro-
vided from the general fund of the State treasury, to the extent funds
are provided therefor in the budget but each establishment inspected shall
pay that part of the actual cost of inspection provided it and not so paid
from State funds.

§ 3.1-884. Article applicable to poultry and rabbits.—For the pur-
poses of this article, every reference to “slaughterhouse” also shall mean
poultry and rabbit slaughterhouse, every reference to “meat” also shall
mean the meat of poultry and rabbits, and every reference to “animals”
also shall mean rabbits and poultry.

Chap. 31
Animal Foods

§ 3.1-885. Title—This chapter shall be known as the “Virginia Can-
ned Animal Food Law of 1956.”

§ 3.1-886. Administration of chapter.—This chapter shall be ad-
ministered by the Commissioner of Agriculture and Immigration of the
State of Virginia, hereinafter referred to as the “Commissioner.” All
authority vested in the Commissioner by virtue of the provisions of this
chapter may with like force and effect be executed by such employees
of the Department of Agriculture and Immigration as the Commissioner
may from time to time designate for said purpose.

§ 3.1-887. Definitions.—When used in this chapter:

(a) The term “distribute” means to offer for sale, sell, barter, or
otherwise supply canned animal food.

(b) The term “animal”? means any animate being, which is not hv-
man, endowed with the power of voluntary action.

(c) The term “food ingredient” means each of the constituent mate-
rials making up a canned animal food.

(ad) The term “Board” means the Virginia Board of Agriculture and
Immigration.

(e) The term “canned anima] food” means all materials packed in
metal cans, in glass containers, or in any airtight containers, which are
distributed for use as food for animals.

(f) The term “brand” means the term, design, or trademark and other
specific designation under which an individual canned animal food is dis-
tributed in this State.

(g) The term “label’’ means a display of written, printed, or graphic
matter upon the immediate container of any canned animal food; and a re
quirement made under authority of this chapter that any word, statement,
or other information appearing on the label is not complied with unless
such word, statement or other information also appears on the outside
container or wrapper, of the retail package of such article, or is easily
legible through the outside container or wrapper.

(h) The term “labeling” means all labels and other written, printed,
graphic or advertising matter:

(1) upon the canned animal food or any of its containers or wrappers;

(2) pertaining whatsoever to the canned anima! food.

(i) The term “per cent” or “percentage” means percentage by weight.

(j) The term “official sample” means any sample of canned animal
food taken by the Commissioner and designated as “official” by the Com-
missioner.

(k) The term “distributor” means a person who offers for sale, sells,
barters or otherwise supplies canned animal food.

(1) The term “animal remedies” means all drugs, combinations of
drugs, proprietary medicines, and combinations of drugs and other ingre-
dients, other than for food purposes or cosmetic purposes, which are pre
pared or compounded for animal use; except those exempted by the Com-
missioner.

(m) The term “medicated food” means a product obtained by mixing
a drug with a material which is to be used as, or as a component of, a
canned animal food. A “medicated food’ is subject to all provisions of
this chapter, except as otherwise determined by the Commissioner as pro-
vided in paragraph (h) of § 3.1-888 of this chapter.

(n) The term “advertisement” means all representations, other than
those on the label, disseminated in any manner or by any means, relating
to canned animal foods.

(o) The term “meat” means the edible part of the muscle of cattle,
sheep, swine, or goats which is skeletal or which is found in the tongue, in
the diaphragm, in the heart, or in the esophagus, with or without the
accompanying and overlapping fat, and the portions of bone, skin, sinew,
nerve, and blood vessels which normally accompany the muscle tissue and
which are not separated from it in the process of dressing. It does
hot include the muscle found in the lips, snout or ears.

The terms “meat” when used in a qualified form, as for example,
“horse meat,” “chicken meat,” “crab meat,’ etc., is then, and then only
applied properly to the corresponding portions of animals other than cattle,
swine, sheep and goats.

(p) The term “meat by-products’’, means any edible part other than
meat which has been derived from one or more cattle, sheep, swine or
goats.

The term “meat by-products” when used in a qualified form, as in
the case of the foregoing definition for “meat,” and as, for example, “horse
meat by-products,” ‘“‘chicken meat by-products,” “crab meat by-products,”
etc., is then, and then only, properly applied to the corresponding portions
of animals other than cattle, swine, sheep and goats.

(q) The term “edible” means edible for animals.

(r) The term “offer for sale” includes holding, keeping, exposing,

offering for sale or commercial application.
: § 3.1-888. Registration.—(a) Every canned animal food which is
distributed, sold or offered for sale within this State or delivered for
transportation or transported in intrastate commerce or between points
within this State through any point outside this State shall be registered
with the Commissioner. All registration of products shall expire on the
thirty-first day of December, following date of issuance, unless otherwise
terminated.

(b) The registrant shall file with the Commissioner a statement
including:

(1) the name and address of the registrant and the name and address
of the person whose name will appear on the label, if other than the
registrant;

(2) the name of the canned animal food;

(3) a complete copy of the labeling accompanying the canned animal
food and a statement of all claims made and to be made for it;

(4) if requested by the Commissioner a full description of the tests
made and the results thereof upon which the claims are based. In the
case of renewal of registration, a statement shall be required only with
respect to information which is different from that furnished when the
canned animal food was registered or last reregistered ;

(5) if requested by the Commissioner, a certified copy of the most
recent chemical analysis of the canned animal food, which gives in detail
information concerning all of the essential requirements of this chapter
and of the regulations issued thereunder relative to quality standards.
Such analysis shall have been made not more than three months prior to
the date it is furnished to the Commissioner, provided that the Commis-
sioner may waive any item of information which he may deem to be
unnecessary ;

(6) if requested by the Commissioner, a statement of the type ot
inspection under which the canned animal food is produced. If not in-
spected, the registrant shall so state.

(c) The registrant, before selling or offering for sale any canned
animal food in this State, shall register each brand of such canned animal
food with the Commissioner upon forms furnished by the Commissioner,
and, for the purpose of carrying out the provisions of this chapter, and
for the development of methods necessary in the analysis and evaluation
of canned animal foods and ingredients proposed for use in canned animal
foods, shall pay to the Commissioner an annual inspection fee of twenty-
five dollars for each and every brand to be offered for sale in this State,
whereupon there shall be issued to the registrant by the Commissioner &
certificate entitling the registrant to sell all duly registered brands in this
State until the expiration of the certificate. All certificates shall expire on
December thirty-one of each year unless otherwise terminated, and are
subject to renewal upon receipt of annual inspection fees.

(d) If it does not appear to the Commissioner that the article is such
as to warrant the proposed claims for it or if the article and its labeling
and other material required to be submitted do not comply with the pro-
visions of this chapter, he shall notify the registrant of the manner in
which the article, labeling, or other material required to be submitted fail
to comply with this chapter so as to afford the registrant an opportunity
to make the necessary corrections.

(e) The Commissioner is authorized and empowered to refuse to
register, or to cancel the registration of, any brand of canned animal food
as herein provided, upon satisfactory proof that the registrant has been
guilty of fraudulent and deceptive practices in the evasions or attempted
evasions of the provisions of this chapter or any rules and regulations
promulgated thereunder: Provided, that no registration shall be revoked
or refused until the registrant shall have been given an opportunity to be
heard either orally or in writing or by his attorney or in person by the
Commissioner.

(f) Notwithstanding any other provision of this chapter, registration
is not required in the case of a canned animal food shipped from one
plant within this State to another plant within this State operated by the
same person.

(g) The manufacturer or person responsible for placing on the market
a brand of canned animal food which is offered for sale, sold or otherwise
distributed in this State before it has been properly registered shall be
subject to a penalty of twenty-five dollars payable to the Commissioner,
who shall deposit the same in the State treasury to the credit of the
Literary Fund. This penalty shall be paid before the brand is regis

(h) The Commissioner may determine whether a preparation inten
for animal use and subject to registration shall be registered as a cant
animal food and/or as an animal remedy. .

(i) When, in the course of a registration period, a registrant change’
a registered label, which change, in the opinion of the Commissioner,
not material to such label, the Commissioner may accept such net val
for the balance of the registration period without requiring an addi ;
inspection fee. Any change in the label statements required by
(a) may be deemed to be a material changeinsuch label. adul-

§ 8.1-889. Adulterated food.—No person shall distribute a by
terated canned animal food. A canned animal food shall be deem
(b) If any valuable constitutent has been in whole or part omitted or
abstracted therefrom or any inferior substance substituted therefor.

(c) If its composition or quality falls below or differs from that which
it is purported or is represented to possess by its labeling.

(d) If it was prepared or held under unsanitary conditions whereby
it may have become contaminated with filth, or whereby it may have been
rendered injurious to animal health.

(e) If it consists in whole or in part of any filthy, putrid, decomposed,
tainted, unsound or unwholesome substance.

(f) If its container is composed of any injurious or deleterious sub-
stance which may render it injurious to health.

(g) If it consists in whole or in part of any substance except edible
meat, edible meat by-products, edible cereals and/or other edible food in-
gredients necessary to meet the requirements claimed.

§ 8.1-890. Misbranded food.—No person shall distribute misbranded
canned animal food. A canned animal food shall be deemed to be mis-
branded:

(a) Unless the label bears:

(1) The name and principal address of the distributor or person re-
sponsible for placing such canned animal food on the market.

(2) The name, brand or trademark under which the canned animal
food is sold.

(3) An accurate statement of the net weight of the contents.
tei (4) An accurate statement of the minimum percentage of crude pro-

n.
(5) An accurate statement of the minimum percentage of crude fat.
(6) An accurate statement of the maximum percentage of crude fiber.
(7) The English name of each ingredient, and in the case of a canned

animal food containing a drug or drugs, the English name of each drug
ingredient shall be stated and also the percentage of each drug ingredient,
or, in the case of antibiotics, the number of grams of each such active
ingredient present in one pound of the product. The drug information
shall appear on the label in the specific manner acceptable to the Com-
missioner.

(8) Adequate warnings against use in those conditions, whether path-
ological or normal, where its use may be dangerous to the health of
animals, or against unsafe use or application as are necessary for the pro-
tection of animals. ;

(b) If the labeling is false or misleading in any particular.

(c) If it is distributed under the name of another canned animal

(d) If its container is so made, formed or filled as to be deceptive or
misleading as to the amount of contents.
on {e) If its labeling bears any reference to registration under this

pter.

(f) If it purports to contain or is represented as containing a food
ingredient, unless such food ingredient conforms to the definition of iden-
tity, if any, prescribed by regulation of the Board.

(zg) If any word, statement, or other information required by or
under authority of this chapter to appear on the label or labeling is not
prominently placed thereon with such conspicuousness (as compared with
other words, statements, designs, or devices in the labeling) and in such
terms as to render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use.

In case of any dietary claim, the Commissioner may require proof
of the validity of any statement or statements made. Such data or informa-
tion shall be treated confidentially and not become public knowledge.

§ 8.1-891. Inspection, Analysis, etc., of food.—(a) It shall be the
duty of the Commissioner to sample, inspect, make analyses of, and test
canned animal foods distributed within this State at such time and place to
such an extent as he may deem necessary to determine whether such
canned animal foods are in compliance with the provisions of this chapter.
The Commissioner is authorized to enter upon any public or private prem-
ises and any vehicle of transport during regular business hours in order
to have access to canned animal foods and records relating to their trans-
portation or sale subject to the provisions of this chapter and the rules
and regulations pertaining thereto.

(b) The methods of sampling and analysis shall be those adopted by
the Board.

(c) The Commissioner, in determining for administrative purposes
whether a canned animal food is deficient in any component, shall be guided
solely by the official sample as defined in paragraph (j) of § 3.1-887
and obtained and analyzed as provided for in this section.

(d) When the inspection and analysis of an official sample indicate
a canned animal food has been adulterated or misbranded, the results of
analysis shall be forwarded by the Commissioner to the distributor or dis-
tributors.

§ 3.1-892. Commissioner to enforce chapter; rules, regulations and
standards.—The Commissioner is hereby charged with the enforcement
of this chapter and the Board after due publicity and due public hearing
is empowered to promulgate and adopt such reasonable rules, regulations
and standards as may be necessary in order to secure the efficient admin-
istration of this chapter.

§ 3.1-893. “Withdrawal from sale’ orders; condemnation and con-
fiscation—(a) “Withdrawal from sale” orders.—When the Commis-
sioner has reasonable cause to believe a lot of canned animal food is being
distributed in violation of any of the provisions of this chapter or of any
of the prescribed regulations under this chapter, he may issue and enforce
a written or printed “withdrawal from sale” order warning the distributor
not to dispose of the canned animal food in any manner until written per-
mission is given by the Commissioner or the court. The Commissioner shall
release the lot of canned animal food so withdrawn when the provisions
and regulations have been complied with and all costs and expenses incur-
red in the withdrawal have been paid. If compliance is not obtained within
thirty days, the Commissioner shall begin proceedings for condemnation.

(b) Condemnation and confiscation.—Any lot of canned animal food
not in compliance with the provisions of this chapter shall be subject to
seizure on complaint of the Commissioner to a court of competent jurisdic-
tion in the area in which said lot of canned animal food is located. In
the event the court finds the said lot of canned animal food to be in
violation of this chapter and orders the condemnation of said lot of canned
animal food, it shall be disposed of in any manner consistent with the
quality of the lot of canned animal food and the laws of the State; pro-
vided, that in no instance shall the disposition of said lot of canned animal
food be ordered by the court without first giving the claimant an op-
portunity to apply to the court for release of said lot of canned animal
food or for permission to process or relabel said lot of canned animal
food to bring it into compliance with this chapter.

§ 3.1-894. Offenses and prosecutions; injunctions; assessments.—
(a) Any person convicted of violating any of the provisions of this chapter,
or the rules and regulations issued thereunder or who shall impede, ob-
struct, hinder, or otherwise prevent or attempt to prevent said Commis-
sioner in performance of his duty in connection with the provisions of
this chapter, shall be guilty of a misdemeanor. In all prosecutions under
this chapter involving the composition of a lot of canned animal food, a
certified copy of the official analysis signed by the Commissioner or analyst
shall be accepted as prima facie evidence of the composition.

(b) Nothing in this chapter shall be construed as requiring the Com-
missioner to report for the institution of proceedings under this chapter,
minor violations of this chapter whenever the Commissioner believes that
the public interest will be adequately served in the circumstances by a
suitable written notice or warning.

(c) It shall be the duty of each attorney for the Commonwealth to
whom any violation is reported to cause appropriate proceedings to be
instituted and prosecuted in a court of competent jurisdiction without
delay. Before the Commissioner reports a violation for such prosecution,
an opportunity shall be given the distributor to present his views to the
Commissioner either orally or in writing, in person or by attorney.

(d) The Commissioner is hereby authorized to apply for and the
court to grant a temporary or permanent injunction restraining any
person from violating or continuing to violate any of the provisions of
this chapter or any rule or regulation promulgated under the chapter
notwithstanding the existence of other remedies at law, said injunction
to be issued without bond.

(e) (1) If the analysis of any canned animal food shall fall below
the guarantee as much as five per cent and not more than ten per cent
of the protein guarantee registered with the Commissioner, or branded
on the package, it shall be the duty of the Commissioner to assess twice
the value of the deficiency in the lot sampled or the original shipment
represented thereby against the manufacturer or guarantor. If the analysis
of such canned animal food shall fall below the guarantee over ten per
cent of the protein guarantee, it shall be the duty of the Commissioner
to assess three times the value of the deficiency in the lot sampled or the
oe shipment represented thereby against the manufacturer or guar-
antor.

(2) If the analysis of any canned animal food shall fall more than
one-half of one per cent below the fat guarantee registered with the
Commissioner, or branded on the package, it shall be the duty of the
Commissioner to assess twice the value of the deficiency in the lot sampled
or the original shipment represented thereby against the manufacturer or
guarantor.

(83) If the analysis of any canned animal food shall exceed by more
than one-half of one per cent the maximum fiber guarantee registered
with the Commissioner, or branded on the package, it shall be the duty of
the Commissioner to assess ten per cent of the value of the lot sampled
or the original shipment represented thereby against the manufacturer or
guarantor. If the analysis of any canned animal food shall exceed the
maximum fiber content established by regulation by more than five per
cent of the established maximum, it shall be the duty of the Commissioner
to assess ten per cent of the value of the lot sampled or the original
shipment represented thereby against the manufacturer or guarantor. In
no case shall both of the foregoing penalties be assessed against a single
lot of canned animal food.

(4) If the analysis of any canned animal food shall exceed the maxi-
mum ash content established by regulation, it shall be the duty of
Commissioner to assess ten per cent of the value of the lot sampled or the
original shipment represented thereby against the manufacturer or guar-
antor. This penalty shall be in addition to any other penalty assessed.

(5) If the analysis of any canned animal food shall exceed the maxi-
mum moisture content established by regulation, it shall be the duty of
the Commissioner to assess ten per cent of the value of the lot sampled
guarantor. This penalty shall be in addition to any other penalty asses-
sed.

(6) If the microscopic analysis reveals that any canned animal food
is mislabeled, the Commissioner may, in his discretion, assess ten per cent
of the value of the canned animal food against the manufacturer or
guarantor. cd

(7) The minimum assessment under any of the foregoing provisions
of this subsection shall in no case be less than three dollars, regardless of
the value of the deficiency.

(8) All assessments levied by the Commissioner under any of the
foregoing provisions shall within one month from date of notice to the
manufacturer or guarantor, be paid to the Commissioner. Failure to do
so shall be the grounds for the Commissioner to cancel all registrations of
such manufacturer or distributor. All such moneys so collected shall be
paid into the State treasury to the credit of the Literary Fund.

(9) The approximate retail value per pound of the various guarantees
shall be computed by the Commissioner and be used to establish the
relative value of the canned animal food sold or offered for sale in this
State. The Commissioner is authorized to furnish, upon application, such
relative values to any persons engaged in the manufacture or sale of
canned animal food in this State.

§ 3.1-895. Commissioner may publish certain information.—The
Commissioner may publish at such times and in such forms as he may
deem proper, information concerning the sales of canned animal foods,
together with such data on their production and use as he may consider
advisable, and a report of the results of the analyses of official samples of
canned animal foods sold within the State as compared with the analyses
guaranteed in the registration and on the label: Provided, however, that
the information concerning production and use of canned animal foods
shall not disclose the operations of any person.

§ 3.1-896. Prohibited Acts.—No person shall:

(a) Distribute, deliver or hold any canned animal food which has
not been registered with the Commissioner as provided in § 38.1-888.

(b) Manufacture, distribute, deliver or hold any canned animal food
that is adulterated or misbranded.

(c) Disseminate any advertisement which is false or misleading in
any respect, but no person or medium for the dissemination of any ad-
vertisement, except the manufacturer, packer, distributor, or seller of
the article to which a false advertisement relates, is subject to the penalties
for violations of this chapter, by reason of the dissemination by him
of such false advertisement, unless he refused on the request of the Com-
missioner to furnish the name and address of the manufacturer, packer,
distributor, seller, or advertising agency which caused him to disseminate
such advertisement.

(d) Refuse to permit entry or inspection, or to permit the acquisi-
ead 3 é sample or specimen of a canned animal food, as authorized by

(e) Dispose of a detained article in violation of § 3.1-893.

(f) Give a guaranty which is false, except a person who relied on a
guaranty to the same effect signed by, and containing the name and
address of, the person from whom he received the canned animal food
in good faith.

(g) Alter, mutilate, destroy, obliterate, or remove any part of the
labeling of any canned animal food if such acts result in such canned
animal food being misbranded, or do any other act, while such canned
animal food is being held for sale, which results in the misbranding of
such article.

(h) Forge, counterfeit, simulate, or falsely represent, or without
proper authority use, any mark, stamp, tag, label, or other identification
device required by § 3.1-890. . .

§ 3.1-897. Nonresidents.—(a) Any nonresident person desiring to
distribute within this State any canned animal food, and any such non-
resident who may be subject otherwise to the provisions of this chapter,
shall file a written power of attorney designating the Secretary of the
Commonwealth of Virginia or a resident agent as the agent of such non-
resident upon whom service of process may be had in the event of any suit
or action against such nonresident person; and such power of attorney shall
be so prepared and in such form as to render effective the jurisdiction
of the courts of Virginia over such nonresident persons and make such
persons amenable to the jurisdiction of the courts of this State. The Secre-
tary of the Commonwealth of Virginia shall be allowed such fees therefor
as provided by law for designating resident agents. The Commissioner
shall be furnished with a copy of such designation of the Secretary of
the Commonwealth of Virginia or of a resident agent, such copy to be
duly certified by the Secretary of the Commonwealth of Virginia.

(b) The Commissioner may also require any nonresident subject to
the provisions of this chapter to furnish to the Commissioner a fidelity
bond or other security satisfactory to the Commissioner and conditioned
that the principal therein named shall pay for any and all damages
suffered by any person by reason of the negligence of the principal or
his or its agents in the conduct of said business and shall honestly conduct
said business and as otherwise conditioned by said Commissioner, provided
that in no case shall a bond or other security exceeding ten thousand
dollars be required. A copy of said bond duly certified by the Commis-
sioner shall be received as evidence in all the courts of this State without
further proof. Any person having a right of action against such person
may bring suit against the principal and sureties on such bond. Should
the surety furnished become unsatisfactory, said person shall execute 2
new bond and should he fail to do so, it shall be the duty of the Commis-
sioner to cancel his registration and give him notice of said fact, and it
shall be unlawful thereafter for such person to engage in said business
without obtaining a new registration.

§ 3.1-898. Disposition of moneys collected.—All moneys collected
by the Department of Agriculture and Immigration under the provisions
of § 3.1-888, subsection (c) of this chapter shall be paid into the State
treasury to the credit of the general fund.

CHAP. 32
VINEGAR

§ 3.1-899. Must carry only matter derived from fruit, grain, sugar or
syrup and comply with definitions——All vinegar made by fermentation
without distillation must carry in solution only the extractive matter de-
rived exclusively from the fruit, grain, sugar or syrup from which it was
derived and fermented, and comply with the definitions given in the fol-
lowing section.

§ 3.1-900. Definitions.—The terms “cider vinegar” and “apple vine-
gar” or words of similar import, shall be construed to mean the product
made exclusively from the expressed juice of washed, fresh, whole ap-
re or portions thereof by alcoholic and subsequent acetous fermenta-

ons.
_ The terms “wine vinegar” and “grape vinegar” or words of similar
import, shall be construed to mean the product made by the alcoholic
and subsequent acetous fermentations of the expressed juice of fresh whole
grapes or portions thereof.

The term “malt vinegar” or words of similar import, shall be con-
strued to mean the product made by the alcoholic and subsequent acetous
fermentations, without distillation, of an infusion of barley malt or cereals
whose starch has been converted by malt.

The term “sugar vinegar” or words of similar import, shall be con-
strued to mean the product made by the alcoholic and subsequent acetous
fermentations, without distillation, of solutions of sugar, syrup, molasses
or refiners’ syrup.

The terms “glucose vinegar” or “corn sugar vinegar” or words of
similar import, shall be construed to mean the product made by the alco-
holic and subsequent acetous fermentations, without distillation, of solu-
tions of corn sugar or glucose prepared from corn starch.

The terms “spirit vinegar,” “distilled vinegar” or “grain vinegar” or
words of similar import, shall be construed to mean the product made by
the acetous fermentation of dilute distilled alcohol derived from grain,
sugar, Syrup, molasses or refiners’ syrup.

The term “evaporated apple products vinegar” or “vinegar made from
evaporated apple products,” or words of similar import, shall be construed
to mean the product made by the alcoholic and subsequent acetous fermen-
tations of the aqueous extract obtained from clean, sound dried apples,
dried chopped apples or dried apple skins or cores.

§ 3.1-901. When deemed adulterated; exception.—Vinegar which
fails to comply with such definitions or which contains any substance or
ingredient not derived exclusively from the fruit, grain, sugar or syrup
from which it shall so be made, or which is composed of a compound
or mixture of vinegars made from fruit, grain, sugar and syrup, or
any two or more of the same, unless its label bears a principal title differ-
ing from any of the named substance and clearly identifies the ingre-
dients in the order of their predominance in the mixture, or which con-
tains less than four grams of acetic acid in one hundred cubic centi-
ae of the vinegar at twenty degrees centigrade, shall be deemed adul-

rated.

§ 3.1-902. Pyroligneous or acetic acid not to be sold.—The product
made by the destructive distillation of wood known as pyroligneous acid,
or acetic acid derived from other sources than fruit, grain, sugar or syrup,
or a product in which any such acid shall be used, mixed or compounded,
shall not be sold, offered or had in possession for sale as vinegar.

§ 3.1-903. Marking packages containing vinegar reduced with water;
sale of certain reduced vinegar prohibited.—Packages containing vinegar
which has been reduced with water must be plainly marked to indicate
the acidity to which it has been reduced and the sale of any vinegar
containing less than 4 per centum acid strength is prohibited.

§ 3.1-904. Marking casks, barrels or other containers.—Each cask,
barrel or other container of such vinegar, shall be plainly marked with
the name and place of business of the manufacturer or distributor thereof,
and the kind of vinegar contained therein, in the terms defined in
§ 3.1-900; and no person shall falsely mark any package containing any
vinegar so defined, with any other brand or designation or with any addi-
tional words, marks or description which shall be false or deceptive in
any particular whatever.

§ 3.1-905. Sales of certain vinegar prohibited.—No person, firm or
corporation shall sell in this State, offer to sell in this State, or have in
possession for sale in this State:

(1) Any vinegar defined in § 3.1-900 which does not comply with
such definitions.

(2) Any adulterated or misbranded vinegar.

(3) Any vinegar or product in imitation of any vinegar so defined.

(4) Any vinegar to which any artificial coloring matter has been
added of any kind whatever, or which contains any substance or ingre-
dient not derived exclusively from the fruit, grain, sugar or syrup from
which it purports to have been derived. .

§ 8.1-906. Penalty.—Violation of this chapter shall be a misde-
meanor and punished by a fine of not less than one hundred dollars, nor
more than five hundred dollars for the first offense, and not less than five
hundred nor more than one thousand dollars for all subsequent offenses.

CHAP. 33
MISCELLANEOUS FOOD PRODUCTS ;

§ 8.1-907. Deception in sale of meal ground or milled from Indian
corn.—(a) No person shall sell, offer for sale, expose for sale, or have in
his possession with intent to sell, any meal ground or milled outside of
this State, from Indian corn, knowing the same to be ground or milled
outside of this State, under the name of “Virginia” or “Old Dominion”
meal, or under any other name, or with any character, design, mark, or
name on the sacks, bags, or packages intended to create the impression
that such meal has been ground or milled within the State of Virginia.

(b) No person shall sell, offer, or expose for sale any meal ground or
milled within this State under the name of “Virginia” or “Old Dominion”
meal manufactured from Indian corn grown west of the boundaries of this
State and known as “western corn’’, or bearing any character, design, or
mark on the sacks, bags, or packages containing such meal intended to
create the impression that such meal has been ground or milled from
Indian corn grown within this State.

(c) Nothing contained in this section shall be construed to prevent
the sale within this State of meal ground or milled out of this State from
Indian corn not marked in such manner as to create the impression that
such meal was ground or milled within this State from Indian corn, nor be
so construed as to prevent the sale within this State of meal ground or
milled within this State from Indian corn grown west of the boundaries
of this State, and known as “western corn”, not labelled or branded
with such characters or marks as to create the impression that such meal
was ground or milled from Indian corn grown within this State.

(d) Any person violating any of the provisions of this section shall be
deemed guilty of a misdemeanor, and be punished by a fine of not less
than ten dollars nor more than two hundred dollars, or by imprisonment
in the jail of the county or city in which the offense is committed for a
term not exceeding six months.

(e) In any prosecution for a violation of clause (a) of this section,
proof of the sale or offer or exposure for sale, or possession with intent
to sell, shall be prima facie evidence of knowledge that such meal was
ground or milled outside of this State.

(f) In any prosecution for a violation of clause (b) of this section,
proof of the sale or offer or exposure for sale, shall be prima facie evidence
of knowledge that such meal was ground or milled from Indian corn
grown west of the boundaries of this State and known as “western corn”.

§ 3.1-908. Adulteration of products from cereal grains.—It shall be
unlawful for any person to manufacture for sale, or knowingly to sell or
offer to sell, as millfeed, millstuff, bran, brownstuff, or shipstuff, any ar-
ticle or product composed of ingredients other than the bran of corn,
wheat, or other cereal grain; or to sell or exchange, or expose for sale
or exchange, or have in his possession for the purpose of sale or exchange,
any wheat by-products feed which has been adulterated by the addition
of the rice chaff, or hulls, peanut shells, corn cobs, oat hulls, cotton seed
hulls, buckwheat hulls, weed seeds, screenings or similar materials of little
feeding value, unless each package, bag or other container thereof shall
have been plainly and durably marked with the word “combination”, fol-
lowed by the name and maximum percentage of each such ingredient
used therein. Any person who shall violate this section shall be guilty of a
misdemeanor, and for each offense shall be fined not less than ten dollars
nor more than two hundred dollars. : ;

§ 3.1-909. Oleomargarine defined.—For the purposes of this section
and the five following sections, oleomargarine, process or renovated but-
ter, shall be defined to be: All substances heretofore known as oleo-
margarine, oleo, oleomargarine oil, butterine, lardine, suine, and neutral ;
all mixtures and compounds of oleomargarine, oleo, oleomargarine oil,
butterine, lardine, suine, and neutral; all lard extracts and tallow ex-
tracts; and all mixtures and compounds of tallow, beef fat, suet, lard, lard
oil, fish oil or fish fat, vegatable oil, annatto, and other coloring matter;
intestinal fat, and offal fat;—if (1) made in imitation or semblance of
butter, or (2) calculated or intended to be sold as butter or for butter, or
(3) churned, emulsified, or mixed in cream, milk, water, or other liquid,
and containing moisture in excess of one per centum or common salt.

§ 3.1-910. Oleomargarine not to be sold unless real character
shown.—It shall be unlawful for any person, either by himself or by any
officer, agent, servant or employee, to sell, ship, consign, offer for sale,
expose for sale, or have in possession with intent to sell or store or keep
along with any goods or merchandise intended for sale or any materials
entering into foods intended for sale any oleomargarine, process or reno-
vated butter, unless the same shall be kept and presented in a manner
and form separate and distinct from pure butter and in such manner and
form as will clearly show its real character; and unless such person shall
in all other respects comply with the provisions of §§ 3.1-912 and 3.1-913.

§ 3.1-911. Exemptions.— §§ 3.1-909 and 3.1-910 shall not apply to
puff-pastry shortening not churned or emulsified in milk or cream, and
having a melting point of one hundred and eighteen degrees Fahrenheit or
more, nor to any of the following containing condiments and spices, salad
dressings, mayonnaise dressings or mayonnaise products.

§ 3.1-912. Places of public entertainment selling or serving oleo-
margarine.—Hotels, restaurants, licensed boarding houses and all other
places of public entertainment, storing, using, selling, offering for sale,
or serving oleomargarine or process or renovated butter shall first display
signs in conspicuous places in their stores, factories, dining rooms, lunch
rooms, et cetera, which signs must bear the words printed in black letters,
one inch square on a white background reading as follows (in the case
of oleomargarine or substitutes for pure butter): ‘We sell oleomargarine
here”, “we serve oleomargarine here”; or (in the case of process or
renovated butter): ‘We sell process (or renovated) butter here’, “We
serve process (or renovated) butter here”. The sign herein provided for
shall contain the words specified and no others.

§ 3.1-913. Manufacturers and dealers in oleomargarine to display
certain signs.—Manufacturers, dealers or agents selling, exposing or offer-
ing for sale oleomargarine or substitutes for pure butter, or process or
renovated butter, shall first display signs in conspicuous places, and as
directed by the Commissioner of Agriculture and Immigration, or his
agents, or assistants, in their storehouses and sales rooms bearing the
following words, and no others, printed in black letters one inch square
on a white background (as the case may be): “We sell oleomargarine
here”, “We sell process (or renovated) butter here”, and each tub, box,
container and package of oleomargine or process or renovated butter
shall be plainly marked with the net weight of the contents of the package
and the word “oleomargarine” or “process (or renovated) butter’, as the
case may be, to clearly indicate that the product is oleomargarine or
process (or renovated) butter, and where sales of oleomargarine, process
butter, or renovated butter are made by retail from bulk, the container or
wrapper in which the product is delivered to the purchaser shall be plainly
marked with the net weight of the contents of the package and the
word “oleomargarine’”’ or ‘“‘process (or renovated) butter’’, as the case may
be.

§ 3.1-914. Penalty and enforcement as to oleomargarine.—Any per-
son, firm or corporation, who shall violate any of the provisions of
§§ 3.1-909 to 8.1-918 shall be guilty of a misdemeanor, and for such
offense shall be fined not exceeding two hundred dollars. The Commis-
sioner is charged with the enforcement of the provisions of such sections.

§ 3.1-915. Use of saccharine and other artificial sweeteners.—The
use of saccharine and all other nonnutritive, artificial sweeteners in food
products manufactured, offered or exposed for sale in this State, is pro-
hibited, except in foods for special dietary uses, which foods shall con-
form to the provisions of Chapter 19 of Title 3.1 of the Code of Virginia
and rules and regulations adopted and promulgated thereunder.

Any person, firm, corporation or association violating any of the pro-
visions of this section shall be guilty of a misdemeanor, and upon convic-
tion thereof, shall be punished by a fine of not less than twenty-five nor
more than three hundred dollars.

§ 3.1-916. Adding artificial sweetening agents to foods containing
sugar.—No person, firm or corporation who manufactures, prepares, sells
or offers for sale any food or drink containing any nonnutritive artificial
sweetening agent shall add or cause, permit or suffer to be added thereto
any sugar, nor shall any such person, firm or corporation add or cause,
permit or suffer to be added any nonnutritive artificial sweetening agent
to any food or drink containing sugar. This section shall not be construed
to prohibit the addition of any nonnutritive artificial sweetening agent to
any food which in its natural or prepared state contains residual sugar.

§ 3.1-917. Penalty for violation of § 3.1-916. Any person, firm or
corporation who shall violate any of the provisions of § 3.1-916 shall be
guilty of a misdemeanor and on conviction thereof shall be punished as

provided by law.
CHAP. 34
FARM MACHINERY AND EQUIPMENT

§ 3.1-918. Sale of farm machinery or equipment where serial number
has been removed, altered, etc—Any person who shall knowingly sell or
offer for sale in this State any new and unused agricultural implement,
farm tractor, or other type of farm machinery or equipment, which is
identified by a serial number placed thereon by the manufacturer, knowing
that the original serial number of which has been removed, defaced, or
in any way obliterated, shall be punished by a fine of not more than five
hundred dollars, or by imprisonment in the county jail for a term of not
less than thirty nor more than one hundred eighty days, either or both,
and upon a second or subsequent conviction, shall be punished by imprison-
ment and fine. The dealer in farm equipment who possesses for sale
any farm implement or machinery which has had its serial number re-
moved, defaced, or in any way obliterated, shall have his supplier stamp,
attach or scribe, as was originally done, the same serial number as was
placed upon the machine or implement at the time of its manufacture.
Nothing contained in this section shall be construed to prevent any manu-
facturer or importer, or his agents, other than dealers, from doing his
own numbering on agricultural implements, farm tractors, or other types
of farm machinery or equipment, or parts, removed or changed, and re-
placing the numbered parts. The provisions of this section shall apply
only to agricultural implements, farm tractors, or other types of farm ma-
chinery or equipment which are sold after June 28, 1952.

CHAP. 35
WEIGHT AND MEASURES

§ 3.1-919. Definitions generally.—The following definitions shall ap-

ply in the interpretation and the enforcement of this chapter:
(1) “Department” shall be construed to mean the Department of Ag-
riculture and Immigration of the State of Virginia.

(2) “Board” shall be construed to mean the Board of Agriculture
and Immigration of the State of Virginia.

(3) “Commissioner” shall be construed to mean the Commissioner of
Agriculture and Immigration of the State of Virginia.

(4) “Inspector” shall be construed to mean a State inspector who is
employed and authorized to test, certify, and seal weights and measures.

(5) “Sealer” shall be construed to mean an inspector of weights and
measures of a city, of a county, or of a joint city-county jurisdiction.

(6) “Person” shall be construed to mean both the plural and singu-
lar, as the case demands, and shall include individuals, partnerships, cor-
porations, companies, firms, trustees, societies, and associations.

(7) “Weight(s) and (or) measure (s)” shall be construed to mean
all weights and measures of every kind, instruments and devices for
weighing and measuring, and any appliances and accessories associated
with any or all such instruments and devices.

(8) “Net weight” shall be construed to mean the net weight of a
commodity—that is, the weight of the commodity exclusive of wrappers
and any other material or thing weighed or packed with such commodity.

(9) “Tare weight” shall be construed to mean the weight of any
material or thing that is weighed with, but not an actual part of, a com-
modity sold by weight; thus, tare weight may include, in the case of a
packaged commodity, a wrapper, container, packaging material, binding
material, preservative, or the like, or in the case of bulk commodity,
a vehicle, box, can, jar, or the like.
in (10) “Sell” or “sale” shall be construed to include barter and ex-

nge.
(11) “Commodity in package form” shall be construed to mean com-
modity put up or packaged in any manner in advance of sale in units
suitable for either wholesale or retail sale, exclusive, however, of an auxil-
iary shipping container enclosing packages that individually conform to
the requirements of this chapter. An individual item or lot of any com-
modity not in package form as defined in this section, but on which there is
marked a selling price based on an established price per unit of weight
or of measure, shal] be construed to be commodity in package form.

(12) “Livestock auction market” shall be construed to mean any
place of business or establishment at which, during the regular course
of business, cattle, sheep, swine, or other livestock are offered or
for sale, or sold, by weight, at auction, for compensation or profit.

§ 3.1-920. ‘Two systems of weights and measurers recognized; defini-
tions, tables, etc., of National Bureau of Standards to govern.—Both the
system of weights and measures in customary use in the United States and
the metric system of weights and measures are recognized, and one or
the other, or both, of these systems shall be used for all commercial pur-
poses in the State. The definitions of basic units of weight and measure,
the tables of weight and measure, and weights and measures equivalents,
as published by the National Bureau of Standards, are recognized and 8
govern weighing and measuring equipment and transactions in the Sta

§ 3.1-921. Meaning of “ton” and “cord.”—The term “ton” shall mean
a unit of two thousand pounds avoirdupois weight. The term “cord”
mean the amount of wood that is contained in a space of one hundred and
twenty-eight cubic feet when the wood is ranked and well stowed.

§ 8.1-922. State standards of weight and measure.—Such weights
and measures in conformity with the standards of the United States a8
National Bureau of Standards, be the State standards of weight and
measure. The State standards shall be kept in a safe and suitable place
in the office or laboratory designated by the Commissioner, they shall
not be removed from the said office or laboratory except for repairs or for
certification, and they shall be submitted at least once in ten years to the
National Bureau of Standards for certification. The State standards shall
be used only in verifying the office standards and for scientific purposes.

§ 3.1-923. Office standards and field standards.—In addition to the
State standards provided for in § 3.1-922 of this chapter, there shall be
supplied by the State at least one complete set of copies of these to be kept
in the office or laboratory designated by the Commissioner and to be known
as “office standards’, and also such “field standards” and such equipment
as may be found necessary to carry out the provisions of this chapter.
The office standards and field standards shall be verified upon their initial
receipt and at least once each year thereafter, the office standards by
direct comparison with the State standards and the field standards by
comparison with the office standards.

§ 3.1-924. Powers and duties of Commissioner generally.—The Com-
missioner shall have the custody of the State standards of weight and
measure and of the other standards and equipment provided for by this
chapter, and shall keep accurate records of the same. The Commissioner
shall enforce the provisions of this chapter, and have and keep a general
supervision over the weights and measures offered for sale, sold, or in
use in the State.

§ 3.1-925. Advice and recommendations of National Bureau of
Standards; publications of Bureau.—The Commissioner may be guided in
the performance of his duties by the advice and recommendations of the
National Bureau of Standards, and the Board may give official status to
any manual of inspection or other publication of that Bureau.

§ 3.1-926. Regulations, specifications and tolerances; what weights
and measures deemed “correct.”—The Board may issue from time to time
regulations for the enforcement of this chapter, which regulations shall
have the force and effect of law. These regulations may include (1) methods
of sale of commodities, (2) standards of net weight, measure, or count,
and standards of fill, for any commodity in package form, (3) standards
concerning the sale and exchange of grains and other agriculture products,
(4) rules governing the technical and reporting procedures to be followed
and the report and record forms and marks of approval and rejection to
be used by inspectors and by sealers of weights and measures in the dis-
charge of their official duties, provided, that the governing body of any
city or county employing a sealer may provide for the technical and re-
porting procedures to be followed and the report and record forms and
marks of approval and rejection to be used by such sealer within such
city or county, unless and until the Board, after a hearing with notice
to the governing body of the city or county involved, shall find that such
procedures and forms are inadequate to carry out the purposes of this chap-
ter, (5) exemptions from the sealing or marking requirements of § 3.1-934
of this chapter with respect to weights and measures of such character or
size that such sealing or marking would be inappropriate, impracticable,
or damaging to the apparatus in question, and (6) with respect to classes
of weights and measures found to be of such character that annual re-
testing is unnecessary to continued accuracy, exemptions from the re-
quirements of § 3.1-928 of this chapter for annual testing and schedules
fixing the frequency of required retests for classes of devices so exempted.
These regulations may also include specifications, tolerances, and regula-
tions for weights and measures of the character of those specified in
§ 3.1-928 of this chapter, designed to eliminate from use, without preju-
dice to apparatus that conforms as closely as practicable to the official
standards, those (1) that are not accurate, (2) that are of such construc-
tion that they are faulty—that is, that are not reasonably permanent in
their adjustments or will not repeat their indications correct—or (8)
that facilitate the perpetration of fraud. The specifications, tolerances,
and regulations for commercial weighing and measuring devices, together
with amendments thereto, as recommended by the National Bureau of
Standards and published in National Bureau of Standards Handbook 44
and supplements thereto, or in any publication revising or superseding
Handbook 44, shall be the specifications, tolerances, and regulations for
commercial weighing and measuring devices of the State of Virginia, ex-
cept insofar as specifically modified, amended, or rejected by a rule or
regulation issued by the Board. For the purposes of this chapter, weights
and measures shall be deemed to be “correct”? when they conform to all
applicable requirements promulgated as specified in this section; other
weights and measures shall be deemed to be “incorrect.”

§ 3.1-927. Testing and inspection of standards procured by cities
and counties.—The Commissioner, at least once every five years, shall test
the standards of weights and measures procured by any city or county
for which the appointment of a sealer of weights and measures is provided
by this chapter, and shall approve the same when found to be correct, and
he shall inspect such standards at least once every two years.

§ 3.1-928. Testing and inspection of weights and measures offered
for sale or commercially used.—When not otherwise provided by law, the
Commissioner shall have the power to inspect and test, to ascertain if they
are correct, all weights and measures kept, offered, or exposed for sale. It
shall be the duty of the Commissioner, within a twelve-month period,
or less frequently if in accordance with a schedule issued by the Board,
and as much oftener as he may deem necessary, to inspect and test,
to ascertain if they are correct, all weights and measures commercially
used (1) in determining the weight, measurement, or count of commodi-
ties or things sold, or offered or exposed for sale, on the basis of weight,
measure, or of count, or (2) in computing the basic charge or payment
for services rendered on the basis of weight, measure, or count: Provided,
that with respect to single-service devices—that is, devices designed
to be used commercially only once and to be then discarded—and with
respect to devices uniformly mass-produced, as by means of a mold or
die, and not susceptible of individual adjustment, tests may be made on
representative samples of such devices, and the lots of which such sam-
ples are representative shall be held to be correct or incorrect upon the
basis of the results of the inspections and tests on such samples.

§ 3.1-929. Investigations by Commissioner.—The Commissioner
shall investigate complaints made to him concerning violations of the pro-
visions of this chapter, and shall, upon his own initiative, conduct such
investigations as he deems appropriate and advisable to develop informa-
tion on prevailing procedures in commercial quantity determinations and
on possible violations of the provisions of this chapter and to promote the
general objective of accuracy in the determination and representation of
quantity in commercial transactions.

§ 3.1-930. Commissioner may appoint assistants, deputies and in-
spectors.—The Commissioner may appoint assistants, deputies and inspec-
tors to assist in carrying out the provisions of this chapter and the rules and
regulations adopted and established pursuant thereto.

§ 3.1-931. Fees and other moneys received.—No fees shall be charged
for the services of any appointee under this chapter unless such services
are special, unusual or noncommercial and rendered by agreement with
or at the request of the person or party served.

In the event services be rendered by agreement with or at the request
of the party served such fees may be charged as the Commissioner may
deem proper. All fees and moneys collected or received pursuant hereto
shall be paid into the State treasury to be there maintained in a separate
fund which is hereby appropriated to the Department of Agriculture and
Immigration for the administration and carrying out of the provisions of
this chapter.

§ 8.1-932. Commissioner to weigh or measure packages and com-
modities; disposition of packages and commodities ordered off sale.—The
Commissioner shall, from time to time, weigh or measure and inspect
packages or amounts of commodities kept, offered, or exposed for sale,
sold, or in the process of delivery, to determine whether the same contain
the amounts represented and whether they be kept, offered, or exposed
for sale, or sold, in accordance with law; and when such packages or
amounts of commodities are found not to contain the amounts represented,
or are found to be kept, offered, or exposed for sale in violation of law,
the Commissioner may order them off sale and may so mark or tag them as
to show them to be illegal. In carrying out the provisions of this section,
the Commissioner may employ recognized sampling procedures under
which the compliance of a given lot of packages will be determined on the
basis of the result obtained on a composite sample selected from and
representative of such lot. No person shall (1) sell, or keep, offer, or ex-
pose for sale, any package or amount of commodity that has been ordered
off sale or marked or tagged as provided in this section unless and until
such package or amount of commodity has been brought into full com-
pliance with all requirements of this chapter, or (2) dispose of any pack-
age or amount of commodity that has been ordered off sale or marked
or tagged as provided in this section and that has not been brought into
compliance with the requirements of this chapter in any manner except
with the specific approval of the Commissioner.

§ 3.1-933. Stop-sale, stop-use and stop-removal orders; impounding
of commodities, weights or measures.—Whenever it appears to the Com-
missioner that there is a violation of any of the provisions of this chapter,
he may, in his discretion, issue and enforce a written or printed stop-
sale, stop-use, or stop-removal order against any owner or custodian of
any commodity, weight, or measure which is being used, sold, offered, or
exposed for sale, or involved in any manner in connection with such
violation, and he may further, in his discretion, seize and impound any
such commodity, weight, or measure until the Commissioner is satisfied that
such violation has ceased and that the owner or custodian thereof is in
all respects complying with the provisions of this chapter.

Any owner or custodian of any commodity, weight, or measure who
shall sell, or offer for sale, or otherwise dispose of, or attempt to dispose
of, any such article while subject to a stop-sale, stop-use, or stop-removal
order, or while seized and impounded, shall be guilty of a misdemeanor.
Any owner or custodian of any of the articles mentioned in this section
who feels aggrieved by any action of the Commissioner hereunder shall
have the right to apply to any county court judge or municipal court
judge of the city wherein the property involved is located for a review of
the action taken by the Commissioner. Such application may be heard
by such court after not less than seven days’ notice served upon the Com-
missioner.

_ §.3.1-934. Sealing or marking of weights and measures; condemna-
tion of incorrect weights and measures.—The Commissioner shall approve
for use and seal or mark such weights and measures as he finds upon in-
spection and test to be “‘correct” as defined in § 3.1-926 of this chapter,
and shall reject and mark or tag as “(Condemned for Repairs” such weights
and measures as he finds, upon inspection or test, to be “incorrect” as
defined in § 3.1-926 of this chapter, but which in his best judgment
are susceptible of satisfactory renair; provided, that such sealing or mark-
ing shall not be required with respect to such weights and measures as
may be exempted therefrom by a regulation of the Board issued under
the authority of § 3.1-926 of this chapter. The Commissioner shall con-
demn, and may seize and may destroy, weights and measures found to be
incorrect that, in his best judgment, are not susceptible of satisfactory
repair. Weights and measures that have been “condemned for repairs”
may be confiscated and may be destroyed by the Commissioner if not
corrected as required by § 3.1-942 of this chapter, or if used or disposed
of contrary to the requirements of that section.

§ 3.1-935. Police Powers of Commissioner.—With respect to the
enforcement of this chapter and any other acts dealing with weights and
measures that he is, or may be, empowered to enforce, the Commissioner
is hereby vested with police powers, and is authorized to arrest any vio-
lator of the said acts and to seize for use as evidence, without formal
warrant, incorrect or unsealed weights and measures or amounts or pack-
ages of commodity, found to be used, retained, offered, or exposed for sale,
or sold in violation of law. In the performance of his official duties, the
Commissioner is authorized to enter and go into or upon, without formal
warrant, any structure or premises, and to stop any person whatsoever if
necessary to apprehend such person and to require him to proceed, with
or without any vehicle of which he may be in charge, to some place
which the Commissioner may specify.

§ 3.1-936. Powers of assistants, deputies and inspectors.—The pow-
ers and duties given to and imposed upon the Commissioner by §§ 3.1-927,
3.1-928, 3.1-929, 3.1-932, 3.1-933, 3.1-934, 3.1-935, 3.1-941, and 3.1-966 of
this chapter are hereby given to and imposed upon his assistants, deputies
and inspectors in the employment of the State when acting under the
instructions and at the direction of the Commissioner.

§ 3.1-937. Appointment, terms and compensation of local sealers of
weights and measures.—The governing bodies of the respective counties
and cities may appoint for their respective counties and cities a sealer of
weights and measures; provided, however, that two or more counties may
appoint jointly for their respective counties and towns a sealer subject
to the approval of the Commissioner. Sealers appointed under this chapter
shall hold office for such terms and shall receive such salaries, as the ap-
pointing powers may prescribe. Such salaries shall be paid out of the
county or city treasury, as the case may be.

§ 3.1-9388. Fees of sealers——No fee shall be charged by the sealer
of weights and measures, or by the county or city, for inspecting, testing,
or sealing of weights or measures, except that the governing body of 8
city or county employing a sealer may, by ordinance, prescribe a schedule
of fees for such services as are rendered by agreement with or at the
request of the person or party served. Such fees shall be used only to
defray the cost of such services.

§ 3.1-939. Powers and duties of sealers and deputies.—The sealer
of a city or of a county, and his deputy when acting under his instructions
and at his direction, shall have the same powers and shall perform the
game duties within the city or the county for which appointed as are
granted to and imposed upon the Commissioner by §§ 3.1-928, 3.1-929,
3.1-932, 3.1-933, 3.1-934, 3.1-935, and 3.1-941 of this chapter.

§ $.1-940. Standards, equipment, office space and transportation
for sealers.—The governing body of each city and county for which a
sealer has been appointed as provided for by § 3.1-937 of this chapter
shall (1) procure at the expense of the city or county, as the case may
be, such standards of weight and measure and such additional equip
necessary clerical services, supplies, and transportation, and for de-
fraying contingent expenses incident to the official activities of the sealer
in carrying out the provisions of this chapter. When the standards of
weight and measure required by this section to be provided by a city or
county shall have been examined and approved by the Commissioner,
they shall be the official standards for such city or county. It shall be the
duty of the sealer to make, or to arrange to have made, at least as fre-
quently as once a year, comparisons between his field standards and ap-
propriate standards of a higher order belonging to his city or county
(as the case may be) or to the State, in order to maintain such field
standards in accurate condition.

§ 3.1-941. Commissioner to have coneurrent authority with sealers;
local ordinances in conflict with chapter.—In cities and counties for which
sealers of weights and measures have been appointed as provided for in
this chapter, the Commissioner shall have concurrent authority to enforce
the provisions of this chapter. The provisions of this chapter shall be the
law throughout the State and no city or county shall pass or enforce ordi-
nances in conflict therewith.

§ 3.1-942. Rejected weights and measures.—Weights and measures
that have been rejected or condemned for repair under the authority of
the Commissioner, of an inspector, or of a sealer shall remain subject to
the control of the rejecting authority until such time as suitable repair
or disposition thereof has been made as required by this section. The
owners of such rejected weights and measures shall cause the same to be
made correct within such time as may be authorized by the rejecting au-
thority, or, in lieu of this, may dispose of the same, but only in such a
manner as is specifically authorized by the rejecting authority. Weights
and measures that have been rejected shall not again be used commercially
until they have been officially reexamined and found to be correct or
until specific written permission for such use is issued by the rejecting
authority.

§ 3.1-943. How certain commodities to be sold.—Commodities in
liquid form shall be sold only by liquid measure or by weight, and, except
as otherwise provided in this chapter, commodities not in liquid form shall
be sold by weight, by measure of length or area, or by count: Provided,
that liquid commodities may be sold by weight and commodities not in
liquid form may be sold by count only if such methods give accurate
information as to the quantity of commodity sold: And provided further,
that the provisions of this section shall not apply (1) to commodities when
sold for immediate consumption on the premises where sold, (2) to vege-
tables when sold by the head or bunch, (8) to commodities in containers
standardized by law, (4) to commodities in package form when there
exists a general consumer usage to express the quantity in some other
manner, (5) to concrete aggregates, concrete mixtures, and loose solid
materials such as earth, soil, gravel, crushed stone, and the like, when
sold by cubic measure, (6) to unprocessed vegetable and animal fertilizer
when sold by cubic measure, or (7) to peanuts in large multiple bag lots
being sold by cleaners and/or shellers to processors for further processing
or repacking. These may be sold on a gross weight basis if agreed upon
in writing by the mutual consent of the buyer and seller. The Board
may issue such reasonable regulations as are necessary to assure that
amounts of commodity sold are determined in accordance with good com-
mercial practice and are so determined and represented as to be accurate
and informative to all parties at interest.

§ 3.1-944. Information to be shown on packages.—Except as other-
wise provided in this chapter, any commodity in package form introduced
or delivered for introduction into or received in intrastate commerce, kept
for the purpose of sale, or offered or exposed for sale, shall bear on the
tside of the package a definite, plain, and conspicuous declaration of
) the identity of the commodity in the package unless the same can
sily be identified through the wrapper or container, (2) the net quantity
the contents in terms of weight, measure, or count, and (3) in the case
any package kept, offered, or exposed for sale, or sold any place other
an on the premises where packed, the name and place of business
the manufacturer, packer, or distributor; provided, that in connection
th the declaration required under clause (2), neither the qualifying
m “when packed” or words of similar import, nor any term qualifying
unit of weight, measure, or count (for example, “jumbo,” “giant,”
ill,” and the like) that tends to exaggerate the amount of commodity
a package shall be used: And provided further, that under clause (2)
> Board shall, by regulation, establish (a) variations to be allowed,
lich may include variations below the declared weight or measure caused
ordinary and customary exposure, only after the commodity is intro-
ced into intrastate commerce, to conditions that normally occur in good
tribution practice and that unavoidably result in decreased weight or
asure, (b) exemptions as to small packages, and (c) exemptions as to
nmodities put up in variable weights or sizes for sale intact and either
stomarily not sold as individual units or customarily weighed or meas-
2d at time of sale to the consumer.

§ 3.1-945. Certain packages to show price per single unit of weight,
.—In addition to the declarations required by § 3.1-944 of this chapter,
y commodity in package form, the package being one of a lot contain-
r random weights, measures, or counts of the same commodity and
uring the total selling price of the package, shall bear on the outside of
» package a plain and conspicuous declaration of the price per single
it of weight, measure, or count.

§ 3.1-946. Misleading containers prohibited; contents of contain-
not to fall below standard.—_No commodity in package form shall
So wrapped, nor shall it be in a container so made, formed, or filled,
to mislead the purchaser as to the quantity of the contents of the
ckage, and the contents of a container shall not fall below such reason-
le standard of fill as may have been prescribed for the commodity
question by the Board.

§ 3.1-947. Advertisement of commodities in package form.—When-
Yr a commodity in package form is advertised in any manner and the
ail price of the package is stated in the advertisement, there shall be
sely and conspicuously associated with such statement of price a declara-
n of the basic quantity of contents of the package as is required by
7 or regulation to appear on the package.

§ 3.1-948. Meaning of “weight.”—The word “weight” as used in
s chapter in connection with any commodity shall mean net weight.
1enever any commodity is sold on the basis of weight, the net weight
the commodity shall be employed, and all contracts concerning com-
dities shall be so construed.

§ 3.1-949. Representations as to price; signs advertising price of
roleum products.—Whenever any commodity or service is sold, or is
ered, exposed, or advertised for sale, by weight, measure or count, the
ce shall not be misrepresented, nor shall the price be represented in any
nner tending to mislead or deceive an actual or prospective purchaser.
lenever an advertised, posted, or labeled price per unit of weight, meas-
», or count includes a fraction of a cent, all elements of the fraction
ll be prominently displayed and the numerals expressing the fraction
ll be immediately adjacent to, of the same general design and style

and at least one-half the height and width of the numerals represent-
- the whole cents: Provided, that commercially manufactured signs
nmonly used to display the price per gallon of petroleum products at
retail shall be permitted until July first, nineteen hundred sixty-
seven, provided all elements of the fraction shall be prominently displayed
and the numerals expressing the fraction shall be immediately adjacent
to, of the same general design and style as, and at least thirty per cent
of the size of the numerals representing the whole cents; and whenever
the price of petroleum products is advertised or posted at retail, the
amount of any taxes may not be shown separately in such advertising
or posting unless the words “plus tax’? and the numerals expressing the
taxes are prominently displayed in letters and numerals of the same
general design and style as, and at least one-half the height and width
of, the numerals representing the price set forth above. The total price
of the petroleum products so advertised or posted shall not differ from the
price as shown on the pump or in any computed price charged the customer,
provided that commercially manufactured signs commonly used to display
the price per gallon of petroleum products at retail shall be permitted until
July first, nineteen hundred sixty-seven.

3.1-950. Meat, poultry and seafood.—Except for immediate con-
sumption on the premises where sold, or as one of several elements com-
prising a ready-to-eat meal sold as a unit for consumption elsewhere than
on the premises where sold, all meat, meat products, poultry (whole or
parts), and all seafood except shellfish, offered or exposed for sale, or sold,
as food shall be offered or exposed for sale and sold by weight. When
meat, poultry, or seafood is combined with or associated with some other
food elements to form either a distinctive food product or a food combina-
tion, such food product or combination shall be offered or exposed for
sale and sold by weight, and the quantity representation may be the total
weight of the product or combination, and a quantity representation need
not be made for each of the several elements of the product or combination:
Provided, that when cooked poultry is offered or exposed for sale, or sold,
as a commodity in package form, it may be sold by minimum net weight
and so labeled notwithstanding the provisions of § 3.1-944 of this chapter.

§ 3.1-951. Fluid dairy products.—All fluid dairy products, includ-
ing but not limited to whole milk, skimmed milk, cultured milk, sweet
cream, sour cream, and buttermilk, shall be packaged for retail sale only
in units of one gill, one-half liquid pint, one liquid pint, one liquid quart,
one-half gallon or one gallon: Provided, that any fluid dairy product which
contains not less than eleven per cent milk fat may be sold in packages
of the capacity of one-half fluid ounce.

§ 3.1-952. Flour, corn meal and hominy grits——When in package
form, and when packed, kept, offered or exposed for sale, or sold, wheat
flour, whole wheat flour, graham flour, self-rising wheat flour, phos-
phated wheat flour, bromated flour, enriched flour, enriched self-rising
flour, enriched bromated flour, corn flour, corn meal, and hominy grits
shall be packaged only in units of three, five, ten, twenty-five, fifty, or one
hundred pounds, avoirdupois weight: Provided, that packages in units of
arth pa three pounds or more than one hundred pounds shall be per-
mi ‘
§ 3.1-953. Sale of coal, coke and charcoal.—All coal, coke, and char-
coal shall be sold by weight. Unless the fuel is delivered to the purchaser
in package form, each delivery of coal, coke, or charcoal to an individual
purchaser shall be accompanied by duplicate delivery tickets on which, in
ink or other indelible substance, there shall be clearly stated (1) the
name and address of the vendor, (2) the name and address of the pur-
chaser, and (3) the net weight of the delivery and the gross and tare
weight from which the net weight is computed, each expressed in pounds.
One of these tickets shall be retained by the vendor and the other shall be
jelivered to the purchaser at the time of delivery of the fuel, or shall be
surrendered, on demand, to the Commissioner, or his assistant, or an
inspector, or sealer, who, if he desires to retain it as evidence, shall issue
a weight slip in lieu thereof for delivery to the purchaser: Provided, that
if the purchaser carries away his purchase, the vendor shall be required
only to give to the purchaser at the time of sale a delivery ticket stating
the number of pounds of fuel delivered to him.

§ 3.1-954. Purchase of coal for purpose of resale—Every person
who buys coal, which is delivered by truck or wagon, from a mine operator
for the purpose of resale, and who weighs the quantity of coal brought,
for the purpose of determining the purchase price thereof, shall, at the
time of delivery, furnish the seller a delivery ticket on which there shall be
written in ink or other indelible substance the date of the purchase, the
name and address of the buyer, the name and address of the seller, the
name of the teamster or driver, the gross weight of the load, the tare weight
of the delivery vehicle, the amount of dockage, if any, and the net weight
of the coal.

As used in this section, “gross weight” means the weight of the coal
and the delivering vehicles; “tare weight” means the weight of the delivery
vehicles; “dockage” means the weight of impurities deducted by agree-
ment between the seller and the buyer; “‘net weight” means the difference
between the gross weight and the tare weight.

§ 3.1-955. Textile yard goods, twine, cordage, thread and yarn.—It
shall be unlawful to keep for the purpose of sale, offer or expose for sale,
or sell, any textile yard goods put up or packaged in advance of sale in a bolt
or roll, or any other textile product put up or packaged in advance of sale
in any other unit, for either wholesale or retail sale, unless such bolt or roll,
or such other unit, be definitely, plainly, and conspicuously marked to show
its net measure in terms of yards or its net weight in terms of avoirdupois
pounds or ounces, subject, however, to the following limitations and re-
quirements:

(1) Any unit of twine or cordage may be marked to show its net
measure in terms of feet. Ready-wound bobbins that are not sold separately
shall not be required to be individually marked, but the package contain-
ing such bobbins shall be marked to show the number of bobbins contained
therein and the net weight or measure of the thread on each bobbin. And
(any) unit of sewing, basting, mending, darning, crocheting, tatting, hand-
knitting, or embroidery thread or yard, except nylon hand-knitting yarn,
that is not composed in whole or in part of wool, the net weight of which
is less than two ounces avoirdupois, shall be marked to show its net
measure in terms of yards as unwound from the ball or from the spool
or other holder. Any retail unit of a textile product sold only for house-
hold use, consisting of a package containing two or more similar in-
dividual units that are not sold separately, shall be marked to show the
number of individual units in the package and the net weight or net
measure of the product in each individual unit, but this proviso shall not
apply where individual units are separately marked. Any unit of yarn,
composed in whole or in part of wool, sold to consumers for handiwork,
shall be marked to show the net weight of such yarn, except that any
such unit of tapestry, mending, or embroidery yarn, the net measure of
which does not exceed fifty yards, may be marked to show its linear
measure only.

(2) The marking required by this section shall in all cases be in
combination with the name and place of business of the manufacturer,
packer, or distributor of the product, or a trademark, symbol, brand,
as teed mark that positively identifies such manufacturer, packer, or dis-
ributor.

(8) Reasonable tolerances shall be permitted, and these shall be
included in regulations for the enforcement of the provisions of this
section that may be issued by the Board.
(4) The provisions of this section shall not apply to the following
textile products when sold at wholesale in bulk by net weight: Cordage,
agricultural bag sewing threads, twines, yarns that are to be processed,
and yarns that are to be industrially converted into end use products.

§ 3.1-956. Use of word “cord” in connection with purchase or sale
of wood, etc.—It shall be unlawful to use the word “cord” or any abbrevi-
ation thereof in, or in connection with the purchase or sale of pulpwood,
firewood, tanbark or any forest product customarily measured in cords of
any size whatever, or in connection with any quotation of price, or
measurement of, or settlement, or payment for any such wood, bark or
product, in reference to any cord, unit or measurement other than the
standard cord as defined in § 3.1-921 and it shall be unlawful to use the
word “unit” or any abbreviation thereof in, or in connection with any
such purchase, sale, quotation, measurement, settlement or payment un-
less in each and every instance in which the word “unit” or any abbrevia-
tion thereof is so used, such word or abbreviation is immediately followed
by a statement of the number of cubic feet contained in such unit, which
statement shall, in the case of such use in printed form, be printed in
boldface type of a size larger than the size of type in which the word
“unit” or the abbreviation thereof is printed and, in the case of such
use in typewritten form or in any reproduction of typewritten form, be
typed in capital letters.

§ 3.1-957. Determining number of board feet in tree or log.—The
standard rule for determining the number of board feet in a tree or log
in this State shall be the “International 14 Inch Log Rule.” The provisions
of this section shall not apply to contracts or transactions entered into
prior to June twenty-seventh, nineteen hundred sixty; nor shall this
section prevent the buyer and the seller from agreeing that some other
unit of measurement shall be used to determine the number of board
feet in trees or logs covered by a contract between them.

§ 3.1-958. Scale house in establishment where livestock is bought
from producers.—The scale house at any livestock auction market, receiv-
ing station, packing plant, or other establishment where livestock is reg-
ularly bought from producers shall be so constructed that all parties in
interest may readily observe the weighing of livestock. The weighbeam or
indicating apparatus shall be so situated that the weight indications
thereon are clearly visible to public view. Provisions shall be made where-
by the weighmaster from his normal weighing position has full view of
the stock rack on the scale platform, the approaches thereto, and the
livestock being weighed. Ready access from the unloading platform or
chutes to the scale house must be provided to enable owners of livestock to
get to the scale in time to see their livestock weighed. A sign clearly
visible to public view shall be affixed on or adjacent to the scale house
with the following legend in letters at least three inches in height: TO
HELP AVOID ERRORS WATCH LIVESTOCK WEIGHED.

§ 3.1-959. Type registering weighbeams or automatic weight re-
corders required.—Type registering weighbeams or automatic weight re-
corders shall be installed and used with proper tickets for weighing
livestock at all livestock auction markets.

§ 3.1-960. Weight of livestock to be determined on date of sale.—
When livestock is offered for sale on a weight basis at livestock auction
markets on regular sale days, the weights thereof shall be determined on
the date of the sale at such auction markets unless otherwise publicly
announced at the auction ring at time of sale.

§ 3.1-961. Announcement of day and hour of livestock sale-—The
operator of the livestock auction market shall publicly announce the day
and hour at which an auction sale of livestock is to begin at least one
week in advance of the day of sale so chosen and shall include the time
f sale in all information thereafter published concerning the sale. Auc-
ion sale of livestock shall begin on the day and hour so selected.

§ 3.1-962. Fractional parts of units of weight or measure.—Frac-
ional parts of any unit of weight or measure shall mean like fractional
arts of the value of such unit as prescribed or defined in §§ 3.1-920 and
.1-921 of this chapter, and all contracts concerning the sale of com-
upg ies and services shall be construed in accordance with this require-
1ent.

§ 3.1-963. Obstructing Commissioner, sealers, etc.—Any person who
hall hinder or obstruct in any way the Commissioner, his assistant, or
ny one of the inspectors, or a sealer in the performance of his official
uties shall be guilty of a misdemeanor.

3.1-964. Impersonating Commissioner, sealer, etc—Any person
rho shall impersonate in any way the Commissioner, his assistant, or
ny one of the inspectors, or a sealer by the use of his seal or a counterfeit
f his seal, or in any other manner, shall be guilty of a misdemeanor.

§ 3.1-965. Certain acts declared misdemeanors.—Any person who,
y himself or by his servant or agent, or as the servant or agent of
nother person, performs any one of the acts enumerated in subpara-
raphs (1) through (9) of this section shall be guilty of a misdemeanor.

(1) Use or have in possession for the purpose of using for any com-
1ercial purpose, sell, offer, or expose for sale or hire, or have in posses-
ion for the purpose of selling or hiring, an incorrect weight or measure
r any device or instrument used to or calculated to falsify any weight
r measure.

(2) Use or have in possession for the purpose of current use for
ny commercial purpose specified in § 3.1-928 a weight or measure that
oes not bear a seal or mark such as is specified in § 3.1-934, unless such
eight or measure has been exempted from testing by the provisions of

3.1-928 or by a regulation of the Board issued under the authority of
3.1-926 of this chapter.

(3) Dispose of any rejected or condemned weight or measure in a
1anner contrary to law or regulation.

_ (4) Remove from any weight or measure, contrary to law or regula-
ion, any tag, seal, or mark placed thereon by the appropriate authority.

(5) Sell, or offer or expose for sale, less than the quantity he repre-
ents of any commodity, thing, or service.

(6) Take more than the quantity he represents of any commodity,
hing, or service when, as buyer, he furnishes the weight or measure by
se of which the amount of the commodity, thing, or service is deter-
1ined.

(7) Keep for the purpose of sale, advertise, or offer or expose for
ale, or sell, any commodity, thing, or service in a condition or manner
ontrary to law or regulation.

(8) Use in retail trade, except in the preparation of packages put
p in advance of sale and of medical prescriptions, a weight or measure
hat is not so positioned that its indications may be accurately read and
he weighing or measuring operation observed from some position which
1ay reasonably be assumed by a customer.

(9) Violate any provisions of this chapter or of the regulations pro-
aulgated under the provisions of this chapter for which a specific penalty
as not been prescribed.

_ § 3.1-966. Injunction against violation of chapter—The Commis-
loner is authorized to apply to any court of competent jurisdiction for,
nd such court upon hearing and for cause shown may grant, a temporary
r permanent injunction restraining any person from violating any pro-
ision of this chapter if such person has been convicted twice at separate
times in any one calendar year for a violation of the provisons of this
chapter.

§ 8.1-967. Presumptive proof of use of weight, measure or weigh-
ing or measuring device.—F or the purposes of this chapter, proof of the
existence of a weight or measure or a weighing or measuring device in or
about any building, enclosure, stand, or vehicle in which or from which it
is shown that buying or selling is commonly carried on, shall, in the
absence of conclusive evidence to the contrary, be presumptive proof of
the regular use of such weight or measure or weighing or measuring
device for commercial purposes and of such use by the person in charge
of such building, enclosure, stand, or vehicle.

§ 3.1-968. Prosecutions for violation of chapter.—Prosecutions for
violation of any provision of this chapter are declared to be valid and
proper notwithstanding the existence of any other valid general or specific
act of this State dealing with matters that may be the same as or similar
to those covered by this chapter.

§ 3.1-969. How chapter cited——This chapter may be cited as the
“Weights and Measures Act of Virginia.”

CHAP. 36
PUBLIC WEIGHMASTERS

§ 3.1-970. Definitions.—When used in this chapter, unless the con-
text requires otherwise:

(a) The words “licensed public weighmaster” shall mean and refer
to a natural person licensed under the provisions of this chapter.

(b) The word “vehicle” shall mean any device in, upon, or by which
any property, produce, commodity, or article is or may be transported
or drawn.

(c) The word “Commissioner” shall mean and refer to the State
Commissioner of Agriculture.

§ 3.1-971. Commissioner to enforce chapter; rules and regulations.—
The Commissioner is authorized to enforce the provisions of this chapter
and to promulgate, in the manner provided by law, such rules and regula-
tions as are deemed necessary to carry out the provisions of this chapter.

§ 3.1-972. Qualifications of licensed public weighmasters.—A cit-
izen of the United States or a person who has declared his intention of
becoming such a citizen, who is a resident of the State of Virginia, not
less than twenty-one years of age, of good moral character, and who has
the ability to weigh accurately and to make correct weight certificates,
and who has received from the Commissioner a license as a licensed
public weighmaster shall be styled and authorized to act as a licensed
public weighmaster.

§ 3.1-973. Application for license.—Application for a license as
a licensed public weighmaster shall be made upon a form provided by the
Commissioner and the application shall furnish evidence that the applicant
has the qualifications required by § 3.1-972 of this chapter.

§ 3.1-974. Determining qualifications of applicant; granting of li-
cense; record of applications and licenses —The Commissioner may adopt
rules for determining the qualifications of the applicant for a license as a
licensed public weighmaster. He may pass upon the qualifications of the
applicant upon the basis of the information supplied in the application, or
he may examine such applicant orally or in writing or both for the purpose
of determining his qualifications. He shall grant licenses as licensed public
weighmasters to such applicants as may be found to possess the qualifica-
tions required by § 3.1-972 of this chapter. The Commissioner shall keep
a record of all such applications and of all licenses issued thereon.

§ 3.1-975. License and renewal fees.—Before the issuance of any
license as a licensed public weighmaster, or any renewal thereof, the ap-
plicant shall pay to the Commissioner a fee of ten dollars. Such fees shall
be deposited with the State Treasurer to be credited to a fund to be used
by the Commissioner for the administration of this chapter.

§ 3.1-976. Issuance of limited licenses to certain public officers and
employees.—The Commissioner may, upon request and without charge, is-
sue a limited license as a licensed public weighmaster to any qualified
officer or employee of a city or county of this State or of a State Commis-
sion, board, institution, or agency, authorizing such officer or employee
to act as a Jicensed public weighmaster only within the scope of his of-
ficial employment in the case of an officer or employee of a city or county
or only for and on behalf of the State commission, board, institution, or
agency in the case of an officer or employee thereof.

§ 3.1-977. Expiration of licenses; applications for renewal.—Each
license as licensed public weighmaster shall be issued to expire on the
thirty-first day of December of the calendar year for which it is issued:
Provided, that any such license shall be valid through the thirty-first day
of January of the next ensuing calendar year or until issuance of the re-
newal license, whichever event first occurs, if the holder thereof shall
have filed a renewal application with the Commissioner on or before the
fifteenth day of December of the year for which the current license was
issued; and provided further, that any license issued on or after
June twenty-ninth, nineteen hundred sixty-two, and on or before the
thirty-first day of December nineteen hundred sixty-two, shall be is-
sued to expire on the thirty-first day of December of the next ensuing
calendar year. Renewal applications shall be in such form as the Commis-
sioner shall prescribe.

§ 3.1-978. Oath and seal of licensed public weighmaster; State not
obligated to pay compensation.—Each licensed public weighmaster shall,
before entering upon his duties, make oath to execute faithfully his du-
ties. The issuance of a license as licensed public weighmaster shall not
obligate the State to pay to the licensee any compensation for his services
as a licensed public weighmaster. Each licensed public weighmaster shall,
at his own expense, provide himself with an impression seal. His name
and the words “State of Virginia” shall be inscribed around the outer
margin of the seal and the words “licensed public weighmaster” shall ap-
pear in the center thereof. The seal shall be impressed upon each wel
certificate issued by a licensed public weighmaster.

§ 3.1-979. Form of weight certificate and information to be stated
thereon; effect as evidence.—The Commissioner shall prescribe the form
of weight certificate to be used by a licensed public weighmaster. The
weight certificate shall state the date of issuance, the kind of property,
produce, commodity, or article weighed, the name of the declared owner
or agent of the owner or of the consignee of the material weighed, the
accurate weight of the material weighed, the means by which the ma-
terial was being transported at the time it was weighed, and such other
available information as may be necessary to distinguish or identify the
property, produce, commodity, or article from others of like kind. Su
weight certificate when so made and properly signed and sealed shall be
prima facie evidence of the accuracy of the weights shown.

§ 3.1-980. Entries on weight certificate—A licensed public weigh-
master shall not enter on a weight certificate issued by him any welg
values but such as he has personally determined, and he shall make no
entries on a weight certificate issued by some other person. A welg:
certificate shall be so prepared as to show clearly what weight or weights
were actually determined. If the certificate form provides for the entry of
gross, tare, and net weights, in any case in which only the gross, the
certificate and both of these were not determined on the same scale and
on the day for which the certificate is dated, the weighmaster shall iden-
tify on the certificate the scale used for determining each such weight and
the date of each such determination.

§ 3.1-981. Only suitable, tested and approved weighing devices to
be used.—When making a weight determination as provided for by this
chapter a licensed public weighmaster shall use a weighing device which
is of a type suitable for the weighing of the amount and kind of material
to be weighed, and which has been tested and approved for use by a
weights and measures officer of this State within a period of twelve
months immediately preceding the date of the weighing.

§ 3.1-982. Capacity of scales; determining gross or tare weight of
vehicle or combination of vehicles.—A licensed public weighmaster shall
not use any scale to weigh a load the value of which exceeds the nom-
inal or rated capacity of the scale. When the gross or tare weight of
any vehicle or combination of vehicles is to be determined, the weigh-
ing shall be performed upon a scale having a platform of sufficient size
to accommodate such vehicle or combination of vehicles fully, completely,
and as one entire unit. If a combination of vehicles must be broken up
into separate units in order to be weighed as prescribed herein, each such
separate unit shall be entirely disconnected before weighing and a sepa-
rate weight certificate shall be issued for each such separate unit.

§ 8.1-988. Copies of weight certificates to be retained and kept
open for inspection.—A licensed public weighmaster shall keep and pre-
serve for at least one year, or for such longer period as may be specified
in the regulations authorized to be issued for the enforcement of this
chapter, a legible carbon copy of each weight certificate issued by him,
which copies shall be open at all reasonable times for inspection by any
weights and measures officer of this State.

§ 8.1-984. Weight certificates issued by weighmasters in other
states.—Whenever in any other state which licenses public weighmasters,
there is statutory authority for the recognition and acceptance of the
weight certificates issued by licensed weighmasters of this State, the
Commissioner of this State is authorized to recognize and accept the
weight certificates of such other state.

§ 3.1-985. Certain persons permitted but not required to obtain
licenses—The following persons shall not be required but shall be per-
mitted to obtain licenses as licensed public weighmasters: (1) A weights
and measures officer when acting within the scope of his official duties; (2)
& person weighing property, produce, commodities, or articles which he
or his employers, if any, is either buying or selling, and (3) a person
weighing property, produce, commodities, or articles in conformity with
the requirements of federal statutes or the statutes of his state relative
to warehousemen or processors.

§ 3.1-986. Certain acts forbidden to persons not licensed as public
weighmasters.—_No person shall assume the title “licensed public weigh-
master,” or any title or (of) similar import, perform the duties or acts
to be performed by a licensed public weighmaster under this chapter,
hold himself out as a licensed public weighmaster, issue any weight certif-
icate, ticket, memorandum, or statement for which a fee is charged or
engage in the full-time or part-time business of public weighing, unless
he holds a valid license as a licensed public weighmaster. “Public weigh-
ing,” as used in this section, shall mean the weighing for any person,
upon request, of property, produce, commodities, or articles other than
those which the weigher or his employer, or any, is either buying or sell-

§ 3.1-987. Suspension or revocation of license—The Commissioner
is authorized to suspend or revoke the license of any licensed public
weighmaster (1) when he is satisfied, after a hearing upon ten days’
notice to the licensee, that the said licensee has violated any provision
of this chapter or of any valid regulation of the Commissioner affecting
licensed public weighmasters, or (2) when a licensed public weighmaster
has been convicted in any court of competent jurisdiction of violating
any provision of this chapter or of any regulation issued under authority
of this chapter.

§ 8.1-988. Requesting false weighing or false weight certificate; is-
suance of weight certificate by unlicensed person.—Any person who re-
quests a licensed public weighmaster to weigh any property, produce,
commodity, or article falsely or incorrectly, or who requests a false or
incorrect weight certificate, or any person who issues a weight certificate
simulating the weight certificate prescribed in this chapter and who is
not a licensed public weighmaster, shall be guilty of a misdemeanor and
upon conviction for the first offense shall be punished by a fine in any
sum not less than fifty dollars or more than one hundred dollars; and
upon a second or subsequent conviction such person shall be punished
by a fine in any sum not less than one hundred dollars or more than
five hundred dollars or by imprisonment for not less than thirty days
or more than ninety days or by both such fine and imprisonment.

§ 3.1-989. Falsification or presealing of weight certificate by li-
censed weighmaster; delegation of authority to unlicensed person.—Any
licensed public weighmaster who falsifies a weight certificate, or who
delegates his authority to any person not licensed as a licensed public
weighmaster, or who preseals a weight certificate with his official seal
before performing the act of weighing, shall be guilty of a misdemeanor
and upon conviction shall be punished by a fine in any sum not less than
fifty dollars or more than five hundred dollars or by imprisonment for
not less than thirty days or more than ninety days or by both such
fine and imprisonment.

§ 3.1-990. Penalty for violation of chapter—Any person who vio-
lates any provision of this chapter or any rule or regulation promulgated
pursuant thereto for which no specific penalty has been provided shall
be guilty of a misdemeanor and upon conviction shall be punished by a
fine in any amount not less than fifty dollars or more than one hundred

dollars.
CHAP. 37
CONTROLLED ATMOSPHERE STORAGE OF APPLES AND PEACHES

§ 3.1-991. Definitions—The following definitions shall apply in the
interpretation and the enforcement of this chapter:

(1) “Board” means the “Board of Agriculture and Immigration” of
the State of Virginia.

(2) “Commissioner” means the “Commissioner of Agriculture and
Immigration” of the State of Virginia.

(3) “Fruit” means any apples and peaches.

(4) “Controlled atmosphere storage” means any storage warehouse
consisting of one or more rooms in any one facility in which atmosphere
gases are controlled in their amount and in degrees of temperature for
the purpose of controlling the condition and maturity of fruit for a period
of not less than sixty days, in order that, upon removal, they may be
designated as having been exposed to controlled atmosphere.

(5) “CA” has the same meaning as “controlled atmosphere stor-
age.”

(6) “Person” means any individual, corporation, partnership, associ-
ation or other organized group of persons, or any business entity, by
whatever name designated and whether or not incorporated.

§ 3.1-992. Fruit represented as exposed to controlled atmosphere
storage to meet requirements of chapter.—It shall be unlawful for any
person to sell, offer for sale, hold for sale, or transport for sale any fruits
represented as having been exposed to “controlled atmosphere storage”
or to use any such terms or form of words or symbols of similar import
unless such fruits have been stored in controlled atmosphere storage which
meet the requirements of this chapter or rules adopted hereunder.

§ 3.1-993. Inspection and certification of fruit by Commissioner.—
No person in this State shall place or stamp the letters “CA” or a similar
designation in conjunction with a number or numbers upon any con-
tainer or subcontainer of any fruits, unless the Commissioner has in-
spected such fruits and validated a certificate stating their condition,
that they were stored in a warehouse registered under the provisions of
this chapter and that they meet all other requirements of this chapter
or rules adopted hereunder; and that a certificate number and certificate
date be affixed to all shipping documents.

§ 8.1-994. Operators of warehouses may register with Commissioner.
—Any person engaging in the operation of a controlled atmosphere stor-
age warehouse or warehouses may register with the Commissioner. Such
registration shall expire on August thirty-first of each year.

§ 3.1-995. Application for registration; when Commissioner to reg-
ister applicant—Application for registration to operate a controlled at-
mosphere storage warehouse shall be on a form prescribed by the Com-
missioner and shall include the following:

(1) The full name of the person applying for registration.

(2) If such applicant is an individual, receiver, trustee, firm, part-
nership, association or corporation, the full name of each member of the
firm or partnership or the name of the officers of the association or
corporation shall be given on the application.

(3) The principal business address of the applicant in the State
and elsewhere.

(4) The name of a person domiciled in this State authorized to
receive and accept service or legal notices of all kinds.

(5) The storage capacity of each controlled atmosphere storage
warehouse the applicant intends to operate by cubic capacity or volume.

(6) The kind of fruits for which the applicant intends to provide
controlled atmosphere storage.

(7) Any other information prescribed by the Commissioner neces-
sary to carry out the purposes and provisions of this chapter.

The Commissioner shall register an applicant upon his satisfaction
that the applicant has satisfied the requirements of this chapter and rules
and regulations adopted hereunder.

§ 3.1-996. Enforcement of chapter.—The Commissioner shall enforce
and carry out the provisions of this chapter, and the Board, in order to
protect purchasers of fruit and to ensure the quality of fruit stored under
CA, shall adopt the necessary rules and regulations to carry out its pur-
poses.

§ 3.1-997. Rules and regulations——The Board of Agriculture and
Immigration, in order to protect purchasers of fruit and to ensure the
quality of fruit stored under CA, shall adopt rules and regulations for
apples and peaches after consultation with the Board of Directors of the
Virginia State Horticultural Society:

(1) Prescribing components of the atmosphere required including
the maximum amount of oxygen that may be retained in a sealed con-
trolled atmosphere storage warehouse.

(2) Prescribing the period within which the oxygen content shall
be reduced to the amount prescribed in subsection (1) of this section.

(3) The length of time not exceeding ten months and the degrees
of temperature at which fruits shall be retained in controlled atmosphere
storage before they may be classified as having been stored in controlled
atmosphere storage.

§ 3.1-998. Denial, suspension or revocation of registration; applica-
tion of Title 9, Chapter 1.1—The Commissioner is authorized to deny,
suspend or revoke registration provided for in § 3.1-994 of this chapter
subsequent to a hearing, in any case in which he finds that there has
been a failure or refusal to comply with the provisions of this chapter
or rules and regulations adopted hereunder. All rules and regulations,
actions, and hearings for a denial, suspension or revocation of the regis-
tration shall be subject to the provisions of Chapter 1.1 (§ 9-6.1 et seq.)
of Title 9 of the Code of Virginia relating to contested cases.

§ 3.1-999. Warehouse numbers.—The Commissioner when issuing a
registration to an applicant, shall include a warehouse number which
shall be preceded by the letters ““VA-CA.”

§ 3.1-1000. Owner or buyer may apply for inspection and certifica-
tion of fruits—Any owner or, with the consent of the owner, a proposed
buyer of any fruits subject to the provisions of this chapter may apply
to the Commissioner for inspection and certification as to whether such
fruits meet the requirements provided for in this chapter or rules adopted
hereunder.

§ 3.1-1001. Fees.—The Board, acting under § 3.1-997, shall prescribe
the necessary fees to be charged to the registrant or owner for the
inspection and certification of any fruits subject to the provisions of this
chapter or rules adopted hereunder; provided, however, that in no case
shall the fees so set exceed the fees charged for inspection of such fruit
not under CA storage. If the inspection fees payable under this chapter
are not paid within ten days, the Commissioner may withdraw inspection
or refuse to perform any inspection or certification services for the person
in arrears; provided, that the Commissioner in such instances may de-
mand and collect inspection and certification fees prior to inspecting
and certifying any fruits for such person.

3.1-1002. Inspection certificate prima facie evidence of facts
stated.—Every inspection certificate issued by the Commissioner under the
provisions of this chapter shall be received in all courts of the State as
prima facie evidence of the facts stated therein.

§ 3.1-1003. Disposition of funds.—All moneys collected under the
provisions of this chapter for the inspection and certification of any
fruits subject to the provisions of this chapter shall be handled and
deposited in the manner provided for in § 3.1-29 of the Code of Virginia,
for the handling of inspection and certification fees derived from the
inspection of any agricultural products.

§ 3.1-1004. Evidence that fruits are offered or transported for sale.—
When packages of fruits are placed in transit for sale or delivery or
delivered for storage, such transit or delivery shall be prima facie evidence
that the fruits are offered or transported for sale.

§ 3.1-1005. Actions to enjoin violations.—The Commissioner may
bring an action to enjoin the violation or threatened violation of any pro-
vision of this chapter or any rule adopted pursuant thereto in the court
having jurisdiction in the county or city in which such violation occurs
she about to occur, notwithstanding the existence of any other remedies
at law.

§ 3.1-1006. Chapter cumulative—The provisions of this chapter
shall be cumulative and nonexclusive and shall not affect any other
remedy.

§ 3.1-1007. Violation a misdemeanor.—Any person violating the pro-
visions of this chapter or rules adopted hereunder is guilty of a mis-
demeanor and shall be punished as provided by law.

§ 3.1-1008. Commissioner may contract and cooperate with govern-
mental agencies.—The Commissioner, with the prior approval of the board,
may cooperate with and enter into agreements with governmental
agencies of this State, other states and agencies of the federal government
in order to carry out the purpose and provisions of this chapter, but not
to extend, alter or change its application.

§ 3.1-1009. Fruits in storage on June 26, 1964.—Any fruits in con-
trolled atmosphere storage on and removed after June twenty-sixth,
nineteen hundred sixty-four, may be marked, shipped, represented
and sold as having been exposed to controlled atmosphere storage if such
fruits meet the requirements of this chapter and the rules and regula-
tions adopted hereunder.

§ 3.1-1010. Commissioner may act through others.—All authority
vested in the Commissioner by virtue of the provisions of this chapter
may, with like force and effect, be executed by such persons as the Com-
missioner may from time to time designate for such purpose.

3. All acts and parts of acts, all sections of the Code of Virginia, and
all provisions of municipal charters inconsistent with the provisions of
this act are, except as otherwise provided, repealed to the extent of such
inconsistency.

4. The repeal of Title 3 effective as of July 1, 1966, shall not affect any
act or offense done or committed, or any penalty or forfeiture incurred,
or any right established, accrued or accruing on or before such date, or
any prosecution, suit or action pending on that date. Except as in this
act otherwise provided, neither the repeal of Title 3 of the Code of
Virginia nor the enactment of Title 3.1 shall apply to offenses committed
prior to July 1, 1966, and prosecutions for such offenses shall be governed
by the prior law, which is continued in effect for that purpose. For the
purposes of this act, an offense was committed prior to July 1, 1966, if any
of the essential elements of the offense occurred prior thereto.

5. Whenever in Title 3.1 any of the conditions, requirements, provisions
or contents of any section, article or chapter of Title 3, as such title
existed prior to July 1, 1966, are transferred in the same or in modified
form to a new section, article or chapter of Title 3.1, and whenever any
such former section, article or chapter of Title 3 is given a new number
in Title 3.1, all references to any such former section, article or chapter
of Title 3 appearing elsewhere in the Code of Virginia than in Title 3.1
shall be construed to apply to the new or renumbered section, article or
chapter containing such conditions, requirements, provisions or contents
or portions thereof.

6. It is the intention of the General Assembly that this act shall be
liberally construed to effect the purposes set out herein, and if any clause,
sentence, paragraph or section of this act shall ever be declared uncon-
stitutional, it shall be deemed severable, and the remainder of this act
shall continue in full force and effect.

7. This act shall become effective on July 1, 1966.