An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
CHAPTER 702
An Act to revise, rearrange, amend and recodify the general laws of Vtr-
ginia relating to agriculture, horticulture and food; to that end to
repeal Title 8 of the Code of Virginia, which title includes Chapters 1
to 31 and §§ 8-1 to 8-729, inclusive, of the Code of Virginia, as amended,
which title relates to agriculture, horticulture and food; to amend the
Code of Virginia by adding thereto, in lieu of the foregoing title,
chapters and sections of the Code repealed by this act, a new title
numbered 8.1, which title includes new chapters numbered 1 to 87,
inclusive, and new sections numbered $8.1-1 to 8.1-1010, inclusive,
relating to agriculture, horticulture and food; to prescribe when such
revision and recodification shall become effective, and to repeal all
acts and parts of acts in conflict with the provisions of this act.
{H 620]
Approved April 6, 1966
Be it enacted by the General Assembly of Virginia:
1. That Title 3 of the Code of Virginia, which title includes Chapters 1
to 31 ae §§ 3-1 to 3-729, inclusive, of the Code of Virginia, as amended, is
repealed.
2. That the Code of Virginia be amended by adding thereto, in
lieu of the title, chapters and sections of the Code of Virginia herein re-
pealed, a new title numbered 3.1, new chapters numbered 1 to 37, inclusive,
and new sections numbered 3.1-1 to 3.1-1010, inclusive, which new title,
chapters and sections are as follows:
CHAP. 1
BOARD OF AGRICULTURE AND IMMIGRATION
§ 8.1-1. Appointment, qualifications and terms of office. — The De-
partment of Agriculture and Immigration, in this title sometimes referred
to as the Department, shall be under the management and control of the
Board of Agriculture and Immigration, in this title sometimes referred to
as the Board, composed of one member from each congressional district,
who shall be a practical farmer, appointed by the Governor for a term of
four years, and confirmed by the Senate. The president of the Virginia
Polytechnic Institute, shall be ex officio a member of the Board. No member
of the Board, except the ex officio member, shall be eligible for more than
two successive terms; provided that persons heretofore or hereafter ap-
pointed to fill vacancies may serve two additional successive terms
after the terms of the vacancies they were appointed to fill have expired.
Incumbency during the current term when this amendment takes effect
constitutes the first of the two successive terms with respect to eligibility
for appointment. All vacancies in the membership of the Board shall be
filled by the Governor for the unexpired term.
§ 3.1-2. Meetings.—The Board shall meet three times a year for the
transaction of business; but special meetings thereof may be had at any
time upon the call of the president of the Board, the request of the Commis-
sioner of Agriculture and Immigration, or a majority of the members of
the Board made in writing.
§ 3.1-3. Election of president and employment of clerk to act as
secretary.—The Board shall annually elect a president and shall employ a
clerk, who may be a member of the Board, to act as secretary. Such secre-
ai pull receive such compensation as may be provided in accordance
with law.
§ 8.1-4. Powers in general—The Board shall be charged with all
matters tending to the promotion of the agricultural interests of the State.
It shall have power to receive and hold in trust any donation made to it for
ae advancement of the agricultural interests of the State and to administer
the same.
The Board shall have power to purchase or lease land, not to exceed one
thousand acres, for the programs of the Department, and it shall regulate
and prescribe the salaries of such officers and employees of the Department
who shall be employed in such programs.
3.1-5. Expenses of members.—The members of the Board shall be
paid their necessary expenses incurred in the performance of their duties,
and in addition thereto, except the ex officio member, shall be compensated
for the performance of such duties at the rate of twenty-five dollars per day.
§ 3.1-6. Assaying minerals.—The Board shall be charged with the
assaying for the benefit of the owners thereof of any minerals found in
this State.
CHAP. 2
AGRICULTURAL RESEARCH AND EDUCATION COMMISSION
§ 3.1-7. Creation; membership; powers and duties.—There is hereby
created a commission known as the Agricultural Research and Education
Commission composed of the Dean of Agriculture at Virginia Polytechnic
Institute, the Commissioner of Agriculture and Immigration, and five farm-
ers representing, respectively, Virginia producers of crops, livestock, poul-
try, fruit, and vegetables, the major segments of agricultural production in
Virginia, to be appointed by the Governor with the advice of the Executive
Committee of the Agricultural Conference Board of Virginia. Said Com-
mission shall have the authority to disburse the Agricultural Research and
Education Fund provided for in § 58-730 of the Code and shall have such
other powers and duties as may be prescribed by law. The terms of the
members appointed by the Governor shall run concurrently with the term
of the Governor.
CHAP. 3
COMMISSIONER OF AGRICULTURE AND IMMIGRATION
§ 3.1-8. Appointment, etc.—There shall be a Commissioner of Agri-
culture and Immigration, in this title hereinafter sometimes referred to as
the Commissioner, who shall be appointed for the term and in the manner
provided in Section 145 of the Constitution of Virginia. He shall be vested
with such powers and duties as are herein set out, and such other powers
and duties as may be prescribed by law. Any vacancy in the office of the
Commissioner shall be filled by appointment by the Governor for the un-
expired term.
§ 3.1-9. Residence during term of office—The Commissioner, during
his term of office, shall reside in the immediate vicinity of the seat of
government.
§ 3.1-10. Executive officer of Board.—The Commissioner shall be
the executive officer of the Board, and shall see that its orders are carried
out, and shall have immediate direction of all of the work of the Depart-
ment.
§ 3.1-11. Appointment of State Chemist—The Commissioner shall
appoint a qualified person, subject to the approval of the Board, to be known
as the State Chemist. Such person shall be the chief chemist of the Depart-
ment and his duties shall be such as are prescribed by law or by the
Commissioner with the approval of the Board. His salary shall be such as
may be provided in accordance with law for the purpose.
_ § 3.1-12. Appointment and control of other employees.—The Com-
missioner shall, subject to the approval of the Board, appoint the employees
of the Department, who shall be under his direction and control and who
shall receive the salaries provided in accordance with law for the purpose.
3.1-13. How expenses and salaries paid.—All salaries and expenses
of the Department, and all expenditures, shall be paid by the State Treas-
urer upon warrants drawn by the Comptroller upon vouchers signed by the
Commissioner, or by such other person as may be designated by the Board.
§ 3.1-14. Powers and duties in general—The Commissioner shall see
to the proper execution of the laws relating to the subject of his depart-
ment, and he shall investigate and promote such subjects relating to the
improvement of agricuiture, the beneficial use of commercial fertilizer and
compost, and for the inducement of immigration and capital, and he shall
be especially charged with the supervision of the trade in commercial
fertilizers as will best protect the interests of the farmers with the enforce-
ment of the laws which are or may be enacted in this State concerning the
sale of commercial fertilizers, seed and food products, with authority in
the Board of Agriculture and Immigration to make rules and regulations
governing the same, and to publish them as required by law.
He shall be charged with the inducement of capital and immigration,
by the dissemination of information relative to the advantages of soil,
climate, healthfulness and markets of this State, and to resources and
industrial opportunities offered in the State as he may deem useful, and
also with investigation adapted to promote the improvement of the milk
and beef cattle and other stock. He shall have such other powers and duties
as are prescribed by law.
3.1-15. Testing samples of products delivered to laboratories; pre-
scribing and collecting fees —The Commissioner of Agriculture and Immi-
gration is authorized to test or have tested samples of manufactured,
processed or natural products delivered to laboratories operated by the
Department of Agriculture and Immigration and to prescribe and collect
reasonable fees for the services rendered or performed.
§ 3.1-16. Same; disposition of moneys collected.—All fees and
moneys collected or received by the Commissioner or the Department of
Agriculture and Immigration in its official capacity for the testing of sam-
ples of manufactured, processed or natural products shall be paid into a
Special Fund Account, and are hereby appropriated to be used at the dis-
cretion of the Commissioner for such part or parts of the costs of the test-
ing provided for in § 3.1-15 as he may deem advisable.
§ 3.1-17. Commissioner may collect specimens of natural history.—
The Commissioner, or his properly designated agent, may take, capture, or
collect game birds, game animals, and song and insectivorous birds, and
fish, at such seasons and by such means as may be necessary, when the
same are taken, captured, or collected as specimens of natural history. He
may ship the same out of this State, under the label of his office, to be
mounted, or for State exhibition.
3.1-18. Report.—The Commissioner shall annually submit to the
Board a full report covering the operations of the Department for the year,
including a detailed financial statement of all its receipts and expenditures
made under its direction, and giving such other information as may be
helpful to the citizens of the State. The report shall be embraced in the
annual report of the Board to the Governor, which report shall be desig-
nated and printed as “The Annual Report of the Commissioner and of the
Board of Agriculture and Immigration.”
CHAP. 4
COMMISSION OF THE INDUSTRY OF AGRICULTURE
§ 8.1-19. Creation of Commission ; membership and terms of office.—
There is hereby created a commission known as the Commission of the
Industry of Agriculture composed of fifteen members including a chairman
to be designated by the Governor: The Commissioner of Agriculture and
Immigration, the Dean of Agriculture at Virginia Polytechnic Institute; a
representative of the agricultural press; and twelve members representing
the major segments of the industry to be appointed by the Governor, sub-
ject to confirmation by the General Assembly if then in session, or if not in
session, then at its next succeeding session, who shall hold office at the
pleasure of the Governor for a term concurrent with that of the Governor.
All vacancies in the membership of the Commission shall be filled by the
Governor for the unexpired term. .
§ 3.1-20. Duties of Commission.—The duties of the Commission
shall be to advise the Governor on the state of the industry of agriculture
and on a course of action that will promote its development; to encourage
and counsel with persons, agencies, organizations and industries in imple-
menting a development program; to work closely with all agencies con-
cerned with industrial development, coordinating efforts toward maximum
farm and off-farm employment; to examine marketing procedures and new
techniques for selling Virginia’s farm products; and to devise plans for
developing new markets for such products; and such other matters as the
Governor may request.
§ 8.1-21. Compensation and expenses._-The members of the Com-
mission shall receive no compensation, but shall be paid their necessary
expenses incurred in the performance of their duties.
3.1-22. Meetings—The Commission shall meet twice each year,
but additional meetings thereof may be had at any time upon the call o
the chairman. .
CHAP. 5
RETURN AND FUTURE ADMINISTRATION OF ASSETS OF
VIRGINIA RURAL REHABILITATION CORPORATION
§ 3.1-23. Commissioner designated to apply for and receive trust
assets held by United States——-The Commissioner of Agriculture and
Immigration of the Commonwealth of Virginia is hereby designated as
the Commonwealth official to make application to and receive from the
Secretary of Agriculture of the United States, or any other proper federal
official, pursuant and subject to the provisions of Public Law 499, 81st
Congress, approved May 3, 1950, the trust assets, either funds or property,
held by the United States as trustee in behalf of the Virginia Rural Re-
habilitation Corporation.
3.1-24. Agreements of Commissioner with United States Secre-
tary of Agriculture as to administration of assets—The Commissioner of
Agriculture and Immigration, with the advice of the Board of Agriculture,
as authorized to enter into agreements with the Secretary of Agriculture
of the United States pursuant to § 2 (f) of the aforesaid act of Congress
of the United States, upon such terms and conditions and for such periods
of time as may be mutually agreeable, authorizing the Secretary of Agri-
culture of the United States to accept, administer, expend and use in the
State of Virginia all or any part of such trust assets for carrying out the
purposes of Titles I and II of the Bankhead-Jones Farm Tenant Act, in
accordance with the applicable provisions of Title IV thereof, as now or
hereafter amended, and to do any and all things necessary to effectuate
and carry out the purposes of said agreements.
§ 3.1-25. Virginia Farm Loan Revolving Account.—Notwithstand-
ing any other provisions of law, funds and the proceeds of the trust assets
which are not authorized to be administered by the Secretary of Agricul-
ture of the United States under the provisions of § 3.1-24, shall be paid to
and received by the Commissioner of Agriculture and Immigration and by
him paid into the State treasury for credit to an account to be known as the
“Virginia Farm Loan Revolving Account”. The entire amount so received,
together with any moneys appropriated for such purposes, is hereby appro-
priated out of the Virginia Farm Revolving Loan Account for expenditure
by the Commissioner of Agriculture and Immigration for such of the rural
rehabilitation purposes permissible under the charter of the now dissolved
Virginia Rural Rehabilitation Corporation, as may from time to time be
agreed upon by the Commissioner of Agriculture and Immigration and the
Secretary of Agriculture of the United States, subject to the applicable
provisions of said Public Law 499, or for the purposes of § 3.1-24. Such
expenditure shall be paid by the State Treasurer on warrants of the
Comptroller issued on vouchers signed by the Commissioner of Agriculture
and Immigration.
§ 3.1-26. Further powers of Commissioner; delegation of such pow-
ers to Secretary of Agriculture—The Commissioner of Agriculture and
Immigration is authorized and empowered to:
(a) Collect, compromise, adjust or cancel claims and obligations aris-
ing out of or administered under this chapter or under any mortgage,
lease, contract or agreement entered into or administered pursuant to this
chapter and, if in his judgment, necessary and advisable, pursue the same
to final collection in any court having jurisdiction.
(b) Bid for and purchase at any execution, foreclosure or other sale,
or otherwise to acquire property upon which the Commissioner of Agricul-
ture and Immigration has a lien by reason of judgment or execution, or
which is pledged, mortgaged, conveyed or which otherwise secures any
loan or other indebtedness owing to or acquired by the Commissioner of
Agriculture and Immigration under this chapter, and
(c) Accept title to any property so purchased or acquired; to operate
or lease such property for such period as may be deemed necessary to pro-
tect the investment therein; and to sell or otherwise dispose of such prop-
erty in a manner consistent with the provisions of this chapter.
The authority herein contained may be delegated to the Secretary of
Agriculture of the United States with respect to funds or assets authorized
to be administered and used by him under agreements entered into pur-
suant to § 3.1-24.
§ 3.1-27. United States and Secretary of Agriculture to be held free
from liability—-The United States and the Secretary of Agriculture
thereof, shall be held free from liability by virtue of the transfer of the
assets to the Commissioner of Agriculture and Immigration of the Com-
monwealth of Virginia pursuant to this chapter.
CHAP. 6
CERTIFICATION OF AGRICULTURAL PRODUCTS IN GENERAL
§ 3.1-28. Request of parties financially interested.—In order to pro-
mote, protect, further and develop the agricultural interests of this State,
the Commissioner of Agriculture and Immigration, or his authorized
agents, is authorized, when requested by parties financially interested in a
lot of any agricultural products, to investigate and certify the quality,
condition, grade or other classification of such agricultural product, under
such rules and regulations as the Board of Agriculture and Immigration
may prescribe, including payment of such fees as he deems reasonable for
the services rendered or performed by employees or licensed agents of the
Department of Agriculture and Immigration.
§ 3.1-29. Disposition of fees and moneys received.—All fees and
moneys collected or received under the preceding section by employees or
licensed agents of the Department of Agriculture and Immigration in their
official capacities shall be paid into the State treasury to the credit of a
special fund.
§ 3.1-30. Appointment of employees; licensing of agents.—The
Commissioner may appoint employees or license agents to assist in carry-
ing out the provisions of this chapter. He may also license as inspectors
persons not in the employ of the Department of Agriculture and Immigra-
tion; provided, however, that no person who is not an employee of the
Department shall have the authority to act as a licensed inspector under
this chapter unless samples from commodities graded or inspected by him
are regularly graded or inspected by an employee of the Department, or of
the United States Department of Agriculture. ; ;
§ 3.1-31. Certificates as evidence.—Certificates of inspection and
reinspection issued under this chapter by authorized agents of the Depart-
ment of Agriculture and Immigration and those relating to the grade,
classification, quality or condition of agricultural products issued under
authority of the Congress of the United States shall be accepted in any
court of this Commonwealth as prima facie evidence of the true grade,
classification, condition or quality of such agricultural product at the
time of its inspection.
CHAP. 7
TRUCK EXPERIMENT STATIONS
§ 3.1-32. Permanent institution—The Virginia truck experiment
station, located in the city of Virginia Beach, shall be a permanent State
institution.
§ 3.1-88. Researches.—The station shall conduct researches on the
physiology of plants and the diseases to which they are subject, and on
remedies for such diseases. In like manner investigations looking to the
control and eradication of insect pests shall be undertaken. The compara-
tive advantage of rotative cropping, the capacity of new plants for acclima-
tization, the improvement of varieties through plant breeding and selection,
and the utility of manures, natural and artificial, shall all be considered
with such other researches bearing directly on the interests of the truck
growers of the State as may be deemed advisable.
§ 3.1-34. Dissemination of information.—The information acquired
pursuant to the preceding section shall be disseminated.
§ 3.1-35. Appointment, terms, etc., of board of directors.—The ex-
periment station shall be under the control of a board of directors consisting
of five members. Two of the members shall be the chairman of the board
of control of the Virginia agricultural experiment station at Blacksburg
or some member from the board of control designated by the chairman,
and the president of the Virginia Polytechnic Institute, respectively, who
shall be members ex officio, and the remaining three members shall be
appointed by the Governor subject to confirmation by the Senate. The
three members appointed by the Governor shall be selected from the mem-
bership of the Association of Virginia Potato and Vegetable Growers,
Incorporated. The terms of office of the appointive members shall be four
years or until their successors shall have been appointed and qualified. The
members of the board of directors shall serve without compensation and
shall name one of their members chairman. The board shall also appoint a
secretary, who may or may not be a member of the board, and prescribe his
duties. Each member of the board, however, shall be entitled to be re-
imbursed for his actual expenses in attending meetings of the board.
Three members of the board shall constitute a quorum for the transaction
of business. The board shall hold at least one meeting annually at the office
of the Virginia truck experiment station, and such other meetings as may
be necessary shall be held at such times and places as any three members of
the board may designate.
§ 3.1-36. Duties of board of directors.—It shall be the duty of the
board of directors to control and supervise the management and work of
the Virginia truck experiment station. It shall employ a suitable man
with the proper scientific training as director, who shall have direct super-
vision of all activities of the station, and shall employ such other scientific
staff and assistants as may be necessary for the proper operation of the
experiment station and shall prescribe their duties and fix their compensa-
tion, to the extent not otherwise provided by law, and shall do such other
ae as may be necessary for the proper conduct of the experiment
station.
§ 3.1-37. Location of principal office——The principal office of the
Virginia truck experiment station shall be located on the property leased
by the Southern Produce Company to the Board of Agriculture and Immi-
gration for the purpose of the Virginia truck experiment station under
date of February twenty-seventh, nineteen hundred seven, and on
which the station is now located; provided, however, that the Southern
Produce Company shall convey in fee to the Commonwealth or lease to the
Commonwealth for a period of ninety-nine years, without rent, renewable
forever, so long as used for a truck experiment station, the land on which
the truck experiment station is now located, in the city of Virginia Beach,
Virginia, which was conveyed to the Southern Produce Company by deed
from C. F. Hodgman and wife dated February twenty-fifth, nineteen hun-
dred seven, and recorded in the clerk’s office of the Circuit Court of
Virginia Beach, Virginia, the deed of conveyance or lease to contain a
provision by which the land shall revert to the Southern Produce Company
in the event that and whenever the State shall fail continuously for one
calendar year to operate such experiment station on such land. If the land
is leased to the Commonwealth and not conveyed, the Commonwealth will
save the Southern Produce Company harmless from all State and local
taxation of the property so leased so long as the same is used by it for the
purpose of operating the Virginia truck experiment station.
§ 3.1-38. Eastern Shore experiment station.—The board of directors
of the Virginia truck experiment station shall also have the management
and control of the Eastern Shore experiment station operated near Onley,
Accomack County, on land leased for a period of ten years from the first day
of January, nineteen hundred eighteen, to the first day of January,
nineteen hundred twenty-eight, by N. F. Walter and wife, of the
county of Accomack, to the State Board of Agriculture and Immigration,
by indenture dated May twenty-first, nineteen hundred seventeen.
The board of supervisors of the county of Accomack having by resolution,
adopted on the tenth day of February, nineteen hundred twenty,
agreed to appropriate the sum of three hundred fifty dollars annually,
beginning with the year nineteen hundred twenty, for the term of
eight years to pay the rent accruing under the lease aforesaid, the action of
the board of supervisors is hereby ratified and confirmed. Furthermore, the
action shall be considered as a compliance with the conditions on which
State appropriations are to be made for experimentation in truck crop
development on the Eastern Shore of Virginia.
3.1-39. Acceptance of appropriation for creation of experiment
station.—The State does hereby assent to the purposes of the grants and
appropriations made by an act of Congress for the use of agricultural
experiment stations of the several states and territories of the United
States; and the board of control of the Virginia agricultural experiment
station is authorized and empowered to receive the grants and appropria-
tions for the benefit of the experiment station and to use them in accordance
with the terms and conditions expressed in, the act of Congress aforesaid.
COOPERATIVE EXTENSION WORK
§ 3.1-40. The State of Virginia shall continue to provide its people
with useful and practical information concerning Agriculture and Home
Economics and related subjects and to encourage the application of such
information, to which purpose the Virginia Polytechnic Institute shall
continue to bear responsibility for this State’s program of Cooperative
Extension Work in Agriculture and Home Economics, and such education
work shall continue to be carried on in cooperation with the United States
Department of Agriculture.
§ 3.1-41. Cooperative Extension Work in Agriculture and Home
Economics shall consist of providing the people of the Commonwealth with
information and knowledge through instruction and practical demonstra-
tions in the many phases of the industry of agriculture, home economics,
resource development, 4-H Club work, and subjects relating thereto, and
imparting information on said subjects through demonstrations, confer-
ences, short courses, publications, meetings, and otherwise; and the neces-
sary printing and distribution of information in connection with the fore-
going; and this work shall be carried on in such manner as may be mutually
agreed upon by the Virginia Polytechnic Institute and the Secretary of
Agriculture.
§ 3.1-42. Unless otherwise provided by the law, such funds as may
be appropriated from time to time to carry out the purposes of this chapter
shall be expended by the Virginia Polytechnic Institute for Cooperative
Extension Work in Agriculture and Home Economics and shall be ac-
counted for in the manner prescribed by applicable law and regulations.
§ 3.1-43. Such funds as are made available under the preceding
section shall be used by the Virginia Polytechnic Institute for the purpose
of conducting educational work in agriculture, home economics, 4-H Clubs,
resource development, and subjects related thereto, in the State of Virginia
and in cooperation with the several counties and cities therein so far as
such funds will permit. Such funds may be used to defray any reasonable
and necessary expenses required in carrying out the provisions of this
chapter, including, but not limited to, the payment of salaries and travel
expenses and the purchase or rental of equipment and supplies. The objec-
tive of all such expenditures shall be to conduct such educational programs
as are necessary for the advancement of the industry of agriculture and
for the improvement of economic conditions and family living.
§ 3.1-44. The local governing bodies of the several counties and cities
of the State are hereby authorized and empowered to appropriate out of the
county or city funds for the support of such Cooperative Extension Work
such sums as said governing bodies may deem proper; the sums so appro-
priated to be used in cooperation with the Virginia Polytechnic Institute
for paying such portions of the expenses of conducting Cooperative Exten-
sion Work and in such manner as may be agreed upon by the Virginia
Polytechnic Institute and the local governing body. Funds appropriated
by the governing bodies of the county or city are to be supplemented by a
sum or sums to be paid out of funds appropriated by the Assembly to the
Virginia Polytechnic Institute for Cooperative Extension Work in Agri-
culture and Home Economics and such funds as may be furnished by the
United States Department of Agriculture or which may be allotted from
funds under its control.
§ 3.1-45. It shall be the duty of the Virginia Polytechnic Institute,
in cooperation with the United States Department of Agriculture, to exer-
cise great care in the selection of personnel to carry out the work and to
supervise the work to see that it is properly done throughout the State.
The work shall be conducted under such rules and regulations as may be
adopted by the Virginia Polytechnic Institute in its cooperative relation
to the United States Department of Agriculture. The Virginia Polytechnic
Institute is authorized to conduct work with both adults and youth through
its Cooperative Extension Division.
§ 3.1-46. The Virginia Polytechnic Institute shall report on Coopera-
tive Extension Work in Agriculture and Home Economics as required by
law or requested by the Governor.
CHAP. 9
PRODUCE MARKETS
Article 1
Produce Market Authorities
§ 3.1-47. Definitions.—As used in this article, the following words
and terms shall have the following meanings, unless the context shall
indicate another or different meaning or intent:
(a) The word “authority” shall mean the “(here insert name of city
or county) Produce Market Authority” created pursuant to the provisions
of §§ 8.1-48 and 3.1-49 of this article, or, if such authority shall be
abolished, the city, county, board, body, commission or agency succeeding
to the principal functions thereof or on whom the powers given by this
article to the authority shall be conferred by law.
(b) The word “market” shall mean the market constructed, main-
tained and operated under the provisions of this article by the authority,
including all buildings, structures, parking facilities and other facilities
and appurtenances thereto which the authority may deem necessary for
the maintenance and operation of the market, together with all property,
rights, easements and interest which may be acquired by the authority for
the construction, maintenance and operation of the market.
(c) The word “cost” as applied to the market shall include the cost
of construction, the cost of any subsequent additions thereto or expansion
thereof, the cost of the acquisition of all land, rights of way, property,
rights, easements and interests acquired by the authority for such con-
struction, additions or expansion, the cost of demolishing or removing
any building or structure on land so acquired, including the cost of ac-
quiring any lands to which such buildings or structures may be moved,
the cost of all equipment, financing charges, insurance, interest prior to
and during such construction, and during the construction of any addition
or expansion, and, if deemed advisable by the authority, for a period not
exceeding one year after completion of such construction, addition or ex-
pansion, the cost of surveys, engineering and architectural expenses, bor-
ings, plans and specifications and other engineering and architectural
services, legal expenses, administrative expenses, and such other expenses
as may be necessary or incident to the construction of the market, and of
such subsequent additions thereto or expansion thereof, the cost of fi-
nancing such construction, additions or expansion and placing the market
and such additions or expansion in operation.
§ 3.1-48. The market authority.—In order to provide facilities for the
buying, selling, handling and distribution of perishable farm produce so
as to promote the agricultural and industrial development of the Common-
wealth and the health, safety, welfare, convenience and prosperity of the
inhabitants thereof, there is hereby authorized to be established a whole-
sale produce market authority in or for each city or county of the Com-
monwealth having a population of more than thirty thousand inhabitants
which is hereby established as and declared to be a political subdivision
of the Commonwealth and is authorized and empowered to construct, en-
large, extend, maintain, repair and operate the market, and to issue bonds
of the authority as hereinafter provided in this article.
§ 3.1-49. Activation and organization of the authority—(A) When-
ever the governing body of any such city or county shall adopt, by the
affirmative vote of a majority of all of the members thereof, a resolution
petitioning the Governor to activate an authority for such city or county,
the Governor may by proclamation activate the authority, or if in the
opinion of the Governor no substantial need exists therefor, he may de-
cline to do so. The resolution shall state whether it is desired that the
authority shall consist of five or seven directors, and the proclamation,
if issued, shall designate the number.
(b) Every authority shall be governed by a board of directors to be
appointed by the Governor. One member of the board shall be appointed
from a list of three persons nominated by the Director of the Division
of Markets with the approval of the Commissioner of Agriculture and
Immigration. One member shall be appointed from a list of three persons
nominated by the Director of the Agricultural Extension Division of the
Virginia Polytechnic Institute. One member shall be appointed from a
list of three persons nominated by the governing body of such city or
county. One member shall be appointed from a list of three wholesale
dealers in perishable farm produce nominated by a majority vote of all
of the wholesale dealers in such produce doing business in such city, county
or on the market after it is in operation, each store unit having one vote.
One member shall be appointed from a list of three farmers nominated
by the agricultural agents of the several counties contiguous to such city
or county or contiguous to the county or counties in which such city is
geographically located. In the event the number of directors is to be
seven, one member shall be appointed from a list of three persons nomi-
nated by the directors or other governing body of the chamber of com-
merce of such city or county and one member shall be appointed from a
list of three food retail merchants nominated by the governing body of
such city or county. All nominees shall be residents of such city or county
or of one of the several counties contiguous thereto or contiguous to the
county or counties in which such city is geographically located.
(c) The members first appointed shall be appointed one each for
terms of one, two, three and four years, and one or three, as the case may
be, for a term of five years, according to the order in which they are
listed in this section, respectively. Subsequent appointments shall be made
for terms of five years each, except appointments to fill vacancies which
shall be for unexpired terms. The terms of the members first appointed
shall, for the purpose of determining the expiration dates of their respec-
tive terms, be taken to commence on January first of the year immediately
succeeding the year in which the appointments are made, although the
appointment is made and duties are assumed prior thereto. No person shall
be eligible to serve for or during more than two successive terms; provided,
however, any person heretofore or hereafter appointed to fill an unexpired
term may be eligible for two additional successive terms after the term
appointed has expired, and incumbency during the current term when
this amendment takes effect constitutes the first of the two successive
terms. Each member shall continue to hold office until his successor has
been appointed. Members of the board shall be subject to removal from
office in like manner as are State, county, town and district officers under
the provisions of §§ 15.1-63 to 15.1-66 of the Code of Virginia. Imme-
diately after such appointment, the directors shall enter upon the per-
formance of their duties. The board shall annually elect one of its members
as chairman and another as vice chairman, and shall also elect annually
a secretary and a treasurer, who may or may not be members of the
Board. One person may be elected to both of the last named offices.
The chairman, or in his absence, the vice chairman shall preside at all
meetings of the board. In the absence of both the chairman and vice
chairman the board shall appoint a chairman pro tempore, who shall
preside at such meetings. A majority of the full number of directors shall
constitute a quorum for the transaction of the business of the authority,
and no vacancy in the membership of the board shall impair the right
of a quorum to exercise all the rights and perform all the duties of the
authority. The members of the board shall be entitled to reimbursement
for their necessary expenses incurred in attendance upon the meetings
of the board or while otherwise engaged in the discharge of their duties.
Each member of the board shall also be paid a sum to be determined by
the board not exceeding twenty-five dollars per day for each day or portion
thereof during which he is engaged in the performance of his duties. Such
expenses and compensation shall be paid out of the treasury of the au-
thority upon vouchers signed or approved by the chairman of the board
or by such other person or persons as may be designated by the board for
the purpose.
(d) The members of the board of directors of a produce market
authority heretofore appointed pursuant to the provisions of Chapter 7.1
of Title 8 of the Code of Virginia shall constitute the board of directors
of the authority created by this article. They shall serve as such until
the expiration of the terms for which they were appointed and the powers
and duties conferred and prescribed in this article shall be exercised and
performed by such board and all of the other provisions of this article
shall be applicable to such board and to such authority. Thereafter, the
members of the board shall be appointed pursuant to the provisions of
this section.
§ 3.1-50. Grants of powers.—The authority is hereby authorized
and empowered:
(a) To lease, purchase, construct, maintain, repair and operate the
market within or without the corporate limits of such city or county upon
lands owned or leased by the authority;
(b) To issue bonds of the authority, and to refund its bonds, all as
provided in this article;
(c) To borrow money in anticipation of the issuance of bonds, for
any of its purposes, and to issue notes, certificates or other evidence of
such borrowing in such form as may be authorized by resolution of the
authority, such notes, certificates or other evidence of such borrowing
to be payable in the first instance from the proceeds of any bonds issued
under the provisions of this article and to contain on their face a state-
ment to the effect that neither the Commonwealth, the authority nor
such city or county shall be obligated to pay the same or the interest
thereon except from the proceeds of bonds in anticipation of the issuance
of which such notes, certificates, or other evidences of borrowing shall
have been issued, or from revenues of the operation of the market, and
that neither the faith and credit nor the taxing power of the Common-
wealth or of such city or county is pledged to the payment of the principal
of or the interest on such bonds, and such notes, certificates or other
evidences of borrowing may be sold in such manner, either at public or
negotiated sale and for such price as the authority may determine;
To fix and revise from time to time and charge and collect tolls,
fees, rents, and other charges for the use of the market and its facilities
or any part thereof ;
(e) To establish rules and regulations for the use of the market or
any part thereof ;
(f) To acquire, hold and dispose of real and personal property in the
exercise of its powers and the performance of its duties;
(g) To make and enter into all contracts and agreements necessary
or incidental to the performance of its duties and the execution of its
powers under this article;
(h) To employ, in its discretion, consulting engineers, attorneys, ac-
countants, construction and financial experts, superintendents and man-
agers, and to employ graders and classifiers under the Federal-State in-
spection service and such other employees and agents as may be necessary
in its judgment for the construction, maintenance and operation of the
market, and to fix their compensation ;
(i) To receive and accept from the federal government, the Common-
wealth, or such city or county, or from any agency or instrumentality
thereof, or from any person, firm or corporation, gifts and grants for any
of the purposes of the authority, and to receive and accept aid or con-
tributions from any other source of either money, property, labor or other
things of value, to be held, used and applied only for the purposes for
which such grants and contributions may be made;
(j) To enter upon any lands or premises for the purpose of making
such surveys, borings and examinations as the authority may deem neces-
sary or convenient for its purposes, and such entry shall not be deemed
a& trespass, nor shall an entry Ior such purposes be deemed an entry
under any condemnation proceedings; provided, however, the authority
shall pay any actual damage resulting to such lands or premises as a result
of such entry and activities as a part of the cost of the market ;
(k) To sue and to be sued; to have a seal and to alter the same at its
pleasure, and to make and from time to time amend and repeal bylaws,
rules and regulations not inconsistent with law to carry into effect the
powers and purposes of the authority ; ;
(1) To lease the market facilities or any of them, or to grant privi-
leges for the use thereof to farmers, wholesale dealers and other persons
engaged primarily in the wholesale marketing of perishable farm produce,
whether in buying or selling in consideration of the payment of such tolls,
fees, rents or other charges, and upon such terms and conditions as the
authority may prescribe or as may be agreed upon by the authority and
such farmers, dealers and other persons;
(m) To provide upon the market premises a building or facilities
suitable and adequate for the operation of a restaurant and such other
services as may be necessary to accommodate the requirements of persons
buying and selling such produce and of persons employed at the market,
and to lease such building or facilities to a responsible operator upon such
terms and conditions as may be agreed upon by the authority and such
operator;
(n) To provide upon the market premises such sanitary facilities
and parking space as may be necessary to accommodate the requirements
_ ss transacting business at the market and of persons employed
ereat;
(o) To prescribe and designate reasonable grades and classes for the
various kinds of perishable farm produce sold at the market, which grades
and classes shall conform to those established pursuant to the laws of the
Commonwealth, the United States of America or ordinances of such city
or county whenever they or any of them are applicable;
(p) To permit the selling and buying of food products other than
perishable farm produce at the market only as a function incident to the
operation of the market;
(q) To do all other acts and things necessary or convenient to carry
out the powers expressly granted in this article.
§ 8.1-51. Acquisition of property.—The authority is hereby author-
ized and empowered to acquire by purchase solely with funds provided
under the authority of this article, such lands, structures, property, rights
of way, easements and other interests in lands, as it may deem necessary
or convenient for the construction and operation of the market, and upon
such terms and at such prices as may be considered by it to be reasonable
and can be agreed upon between it and the owner thereof.
8.1-52. Credit of Commonwealth and cities not pledged.—Reve-
nue bonds issued under the provisions of this article shall not be deemed to
constitute a debt of the Commonwealth or of any such city or county or a
pledge of the faith and credit of the Commonwealth or of any such city
or county, but shall be payable solely from the funds of the authority
herein provided for. All of such revenue bonds shall contain on the face
thereof a statement to the effect that neither the Commonwealth, the
authority nor any such city or county shall be obligated to pay the same
or the interest thereon except from funds of the authority and that neither
the faith and credit nor the taxing power of the Commonwealth nor
that of any such city or county is pledged to the payment of the principal
of or the interest on such bonds, notes, certificates or evidences of bor-
rowing. All expenses incurred in carrying out the provisions of this
article shall be payable solely from the funds provided under the provisions
of this article and no liability or obligation shall be incurred by the au-
thority hereunder beyond the extent to which moneys shall have been pro-
vided under the provisions of this article. Neither the members of the
board of directors nor any officer or agent of the authority executing any
bond, note, certificate or other evidence of borrowing pursuant to this
article shall be personally liable by reason of such execution.
§ 3.1-53. Market bonds, notes, certificates and other evidences of
borrowing.—The authority is hereby authorized to provide by resolution,
at one time or from time to time, for the issuance of revenue or general
obligation bonds of the authority for the purpose of effectuating any or
all of its purposes and for the purpose of refunding any bonds previously
issued under this article. The bonds of each issue shall be dated, shall
bear interest at such rate or rates not exceeding six per centum per annum,
shall mature at such time or times not exceeding thirty years from their
date or dates, as may be determined by the authority, and may be made
redeemable before maturity, at the option of the authority, at such price
or prices and under such terms and conditions as may be fixed by the
authority prior to the issuance of the bonds. The authority shall determine
the form of the bonds, including any interest coupons to be attached
thereto, and shall fix the denomination or denominations of the bonds and
the place or places of payment of principal and interest, which may be at
any bank or trust company within or without the Commonwealth. The
bonds shall be signed by the chairman of the board of directors of the
authority or shall bear his facsimile signature, and the official seal of the
authority or a facsimile thereof shall be impressed thereon and attested
by the secretary of the authority, and any coupons attached thereto shall
bear the facsimile signature of the chairman of the board of directors
of the authority. In case any officer whose signature or a facsimile of
whose signature shall appear on any bonds or coupons shall cease to be
such officer before the delivery of such bonds, such signature or such
facsimile shall nevertheless be valid and sufficient for all purposes the
same as if he had remained in office until such delivery. All bonds issued
under the provisions of this article shall have and are hereby declared to
have all the qualities and incidents of negotiable instruments under the
negotiable instruments law of the Commonwealth, notwithstanding any
of the provisions of this article or any recitals in any such bonds. The
bonds may be issued in coupon or registered form, or both, as the au-
thority may determine, and provisions may be made for the registration
of any coupon bonds as to principal alone or as to both principal and
interest, and for the reconversion into coupon bonds of any bonds regis-
tered as to both principal and interest and the interchange of registered
and coupon bonds. The authority may sell such bonds in such manner
either at public or negotiated sale and for such price as it may determine
will best effect the purposes of this article. The proceeds of the bonds of
each issue shall be used solely for effectuating the purposes of the au-
thority and shall be disbursed in such manner and under such restric-
tions, if any, as the authority may provide in the resolution authorizing
the issuance of such bonds or in the trust indenture or agreement herein-
after securing the same. Prior to the preparation of definitive bonds,
the authority may, under like restrictions, issue interim receipts or
temporary bonds, with or without coupons, exchangeable for definitive
bonds when such bonds shall have been executed and are available for de-
livery. The authority may also provide for the replacement of any bonds
which shall become mutilated or shall be destroyed or lost. Bonds may
be issued under the provisions of this article without obtaining the con-
sent of any department, division, commission, board, bureau or agency of
the Commonwealth, and without any other proceeding or the happening
of any other conditions or things than those proceedings, conditions or
things which are specifically required by this article.
-§ 8.1-54. Trust indenture—In the discretion of the authority any
bonds issued under the provisions of this article may be secured by trust
indenture by way of a conveyance, deed of trust or mortgage of the market
or any part thereof or by a trust agreement by and between the authority
and a corporate trustee, which may be any trust company or bank having
the powers of a trust company within or without the Commonwealth or by
both such conveyance, deed of trust or mortgage and indenture or trust
agreement. Such trust indenture or agreement or the resolution providing
for the issuance of such bonds may pledge or assign the tolls, fees, rents
or other charges to be received. Such trust indenture or agreement or
resolution providing for the issuance of such bonds may contain such pro-
visions for protecting and enforcing the rights and remedies of the bond-
holders as may be reasonable and proper and not in violation of law,
including covenants setting forth the duties of the authority in relation
to the acquisition of property and the construction, improvement, main-
tenance, repair, operation and insurance of the market, and the rates of
tolls, fees, rents and other charges to be charged, and the custody safe-
guarding and application of all moneys of the authority, and conditions or
limitations with respect to the issuance of additional bonds. It shall be
lawful for any bank or trust company incorporated under the laws of the
Commonwealth which may act as depository of the proceeds of such
bonds or of other revenues of the authority to furnish indemnifying bonds
or to pledge such securities as may be required by the authority. Such trust
indenture may set forth the rights and remedies of the bondholders and
of the trustee, and may restrict the individual right of action by bond-
holders. In addition to the foregoing, such trust indenture or agreement
or resolution may contain such other provisions as the authority may
deem reasonable and proper for the security of the bondholders. All ex-
penses incurred in carrying out the provisions of such trust indenture or
agreement or resolution may be treated as a part of the cost of the market.
§ 3.1-55. Revenues.—The authority is hereby authorized to fix, re-
vise, charge and collect tolls, fees, rents and other charges for the use of
the market and the different parts thereof. Such tolls, fees, rents and
other charges shall be so fixed and adjusted as to provide a fund sufficient
with other revenues to pay: first, the cost of maintaining, repairing
and operating the market, and second, the principal of and interest on
such bonds as the same shall become due and payable, and third, to
create reserves for such purposes and for other purposes of the authority.
Such tolls, fees, rents and charges shall not be subject to supervision or
regulation by any commission, board, bureau or agency of the Common-
wealth or of any such city. The tolls, fees, rents and other charges derived
from the market, except such part thereof as may be necessary to pay the
cost of maintenance, repair and operation and to provide such reserves
therefor as may be provided for in the resolution authorizing the issuance
of such bonds or in the trust indenture or agreement securing the same,
shall be set aside at such regular intervals as may be provided in such
resolution or trust indenture or agreement in a sinking fund which is
hereby pledged to, and charged with, the payment of and the interest on
such bonds as the same shall become due, and the redemption price or
the purchase price of such bonds retired by call or purchase as therein
provided. Such pledge shall be valid and binding from the time when
the pledge is made. The tolls, fees, rents and charges so pledged and
thereafter received by the authority shall immediately be subject to the
lien of such pledge without any physical delivery thereof or further act,
and the lien of any such pledge shall be valid and binding as against
all parties having claims of any kind in tort, contract or otherwise against
the authority, irrespective of whether such parties have notice thereof.
Neither the resolution nor any trust indenture by which a pledge is created
need be filed or recorded except in the records of the authority. The use
and disposition of moneys to the credit of such sinking fund shall be sub-
ject to the provisions of the resolution authorizing the issuance of such
bonds or of such trust indenture or agreement. Except as may otherwise
be provided in such resolution or such trust indenture or agreement, such
sinking fund shall be a fund for all such bonds without distinction or
priority of one over another. The authority shall not operate the market
for profit. The authority shall pay to such city or county annually such
sums in lieu of taxes as shall be agreed to by the authority and the city
or county; and should the authority and the city or county fail to reach
such an agreement, or upon termination of any agreement so made, the
authority shall pay to the city or county annually a sum equal to all taxes
that would be assessed by the city or county had the authority been
assessable therefor. The authority shall adjust, if necessary, its tolls,
fees, rents and other charges so that the market will not be operated for
profit ; provided, however, that reasonable reserves for any of the purposes
of the authority, including such annual payments to the city or county or
repayment of any loan may first be set aside.
§ 3.1-56. Trust funds.—All moneys received pursuant to the au-
thority of this article, whether as proceeds from the sale of bonds or as
revenues, shall be deemed to be trust funds to be held and applied solely
as provided in this article.
3.1-57. Remedies.—Any holder of bonds, notes, certificates or other
evidences of borrowing issued under the provisions of this article or of
any of the coupons appertaining thereto, and the trustee under any trust
indenture or agreement, except to the extent of the rights herein given
may be restricted by such trust indenture, or agreement may, either at
law or in equity, by suit, action, injunction, mandamus or other proceed-
ings, protect and enforce any and all rights under the laws of the Common-
wealth or granted by this article or under such trust indenture or agree-
ment or the resolution authorizing the issuance of such bonds, notes or
certificates, and may enforce and compel the performance of all duties
required by this article or by such trust indenture or agreement or resolu-
tion to be performed by the authority or by any officer or agent thereof,
including the fixing, charging and collection of tolls, fees, rents and other
arges.
§ 3.1-58. Exemption from taxation.—The exercise of the powers
granted by this article shall be in all respects for the promotion of the
agricultural, commercial and industrial development of the Commonwealth
and for the health, safety, welfare, convenience and prosperity of the in-
habitants thereof, and as the operation and maintenance of the market
by the authority will constitute the performance of essential governmental
functions, the authority shall not be required to pay any taxes or assess-
ments upon the property of or any property acquired or used by the au-
thority under the provisions of this article or upon the income therefrom ;
and the bonds, notes, certificates or other evidences of borrowing issued
under the provisions of this article, their transfer and the income there-
from including any profit made on the sale thereof, shall at all times be
free and exempt from taxation by the Commonwealth and by such city or
county and any other municipality, county or other political subdivision
of the Commonwealth.
§ 3.1-59. Bonds eligible for investment.—Bonds issued by the au-
thority under the provisions of this article are hereby made securities in
which the Commonwealth, its agencies and public institutions and such
city or county and the other municipalities, counties and other political
subdivisions of the Commonwealth, all insurance companies, trust com-
panies, banks, banking associations, investment companies, executors, ad-
ministrators, trustees and other fiduciaries, and all other persons whatso-
ever who are now or may be hereafter authorized to invest in bonds or
other obligations of a similar nature may properly and legally invest funds
including capital in their control or belonging to them. Such bonds are
hereby made securities which may be properly and legally deposited with
and received by any State or municipal officer or State agency or public
institution or any municipality, county or other political subdivision of
the Commonwealth for any purpose for which the deposit of bonds or other
obligations is now or may be hereafter authorized by law.
3.1-60. Market refunding bonds.—The authority is hereby author-
ized to provide for the issuance of market refunding bonds of the au-
thority for the purpose of refunding any bonds then outstanding which
shall have been issued under the provisions of this article, including the
payment of any redemption premium thereon and any interest accrued
or to accrue to the date of redemption of such bonds, and, if deemed ad-
visable by the authority, for the purpose of constructing additions to or
expansion of the market. The authority is further authorized to pro-
vide by resolution for the issuance of its bonds for the combined purpose
of (a) refunding any bonds then outstanding which shall have been is-
sued under the provisions of this article, including the payment of any
redemption premium thereon and any interest accrued or to accrue to the
date of redemption of such bonds, and (b) paying all or any part of the
cost of the market or any addition thereto or expansion thereof which
shall not have theretofore been financed. The issuance of such bonds, the
maturities and other details with respect thereto, the rights of the holders
thereof, and the rights, duties and obligations of the authority with
respect to the same, shall be governed by the provisions of this article in-
sofar as the same may be applicable.
§ 3.1-61. Competing markets.—So long as any bonds issued under
the provisions of this article are outstanding, no market competing with
the market established, maintained and operated under the provisions of
this article shall be constructed by the Commonwealth or a political sub-
division thereof, nor shall the Commonwealth or such political subdivision
consent to the construction of any such market within the area or areas
from which the directors of the authority are nominated, which may
adversely affect the revenues of the market, unless funds shall have been
provided for the redemption of all such outstanding bonds, the interest
payable thereon and the premium, if any, payable on the redemption of
such bonds.
§ 3.1-62. Miscellaneous.—(a) The market when constructed and put
in operation shall be maintained and kept in good condition and repair
by the authority and shall be operated by such employees as the authority
may employ. The market shall be policed by the police force of such city
or of the county in which the market may be located, which shall be
responsible for the preservation of the public peace, prevention of crime,
apprehension of criminals, protection of the rights of persons and property,
and enforcement of the laws of the Commonwealth and all ordinances
of such city or county and rules and regulations made in accordance
therewith within the market boundaries and such force shall have all
the rights and duties of police officers as provided by the general laws of the
Commonwealth within the market boundaries. For the purpose of en-
forcing such laws, ordinances, rules and regulations the court or courts
having jurisdiction for the trial of criminal offenses in such city or
county shall have jurisdiction to try any person charged with the commis-
sion of any such crime or ordinance violation or rule or regulation within
the market boundaries. Violation of or failure, refusal or neglect to ob-
serve, obey and comply with the rules and regulations of the authority
adopted pursuant to the provisions of this article shall constitute a mis-
demeanor and shall be punishable accordingly. and such police force shall
have the power and jurisdiction to enforce such rules and regulations.
(b) All ordinances and other acts of the governing body of such city
or county and all rules and regulations made pursuant thereto or other
law shall apply to and shall be enforced within the market boundaries
to the same extent and with the same force and effect as such ordinances,
acts, rules and regulations apply and are effective and enforced within the
boundaries of such city or county.
(c) The court or courts having jurisdiction of actions at law and
suits in equity and of other proceedings, actions and suits in such city or
county shall have exclusive jurisdiction for the trial of all such actions,
suits and proceedings growing out of the construction, maintenance, repair,
extension, expansion and operation of the market, and growing out of
any other circumstances, events, or causes originating within the market
boundaries. Eminent domain proceedings instituted and conducted by the
authority shall be brought and conducted in the court or courts having
jurisdiction of such proceedings in such city or county, and jurisdiction is
hereby conferred on such courts for such purpose.
d) All private property damaged or destroyed in carrying out the
powers granted by this article shall be restored or repaired and placed
in its original condition as nearly as practicable or just compensation
marr paid therefor out of funds provided under the provisions of this
article.
(e) Every such city or county shall have the power to acquire in the
manner and by the procedure prescribed in its charter or by general law
such real property as its governing body shall determine and to sell or
lease such property to the authority upon such terms and conditions as
such governing body may prescribe to effectuate the purposes of the au-
thority. Such city or county may also sell or lease to the authority real
property previously acquired by such city or county, which in the opinion
of its governing body is not needed for other public use, upon such terms
and conditions as such governing body may prescribe. The authority shall
pay to such city or county the fair market value of such property sold
to the authority and if the payment thereof is deferred or is to be made in
installments, such deferred payments or installments, including interest
on the purchase price, shall be disbursed from the revenues of the au-
thority as a part of the cost of operating the market. Rent or other com-
pensation paid for the lease of such property to the authority shall like-
wise be paid from the revenues of the authority as a part of the cost of
operating the market. The sale or lease of any such property to the
authority may be done without the necessity for any advertisement, order
of court or other action or formality, other than the regular and formal
action of such city and the authority.
On or before the thirtieth day of January in each year, the au-
thority shall make an annual report of its activities for the preceding
calendar year to the Commissioner of Agriculture and Immigration and
such city or county. Each such report shall set forth a complete operat-
ing and financial statement covering the authority’s operations during
the year. The authority shall cause an audit of its books and accounts
to be made at least once in each year by certified public accountants and
the cost thereof shall be treated as a part of the cost of the construction
or operation of the market.
(g) Any director of the authority may contract with the authority
for the use of the facilities of the market for buying and selling produce
on the market, but no other contract between a director and the authority
shall be valid unless and until such contract is approved by the governing
body of such city or county. Any agent or employee of the authority who
contracts with the authority or is interested, either directly or indi-
rectly, in any contract with the authority or in the sale of any property,
either real or personal, to the authority shall be guilty of a misdemeanor
and such contract shall be void and unenforceable. Jurisdiction for the
‘trial of such misdemeanors is hereby conferred upon the hustings or
corporation court of such city or the circuit court of such county, as the
case may be. ;
(h) The records, books and accounts of the authority shall be subject
to examination and inspection by duly authorized representatives of the
Governor, the Commissioner of Agriculture and Immigration and the
governing body of such city and any bondholder or bondholders at any
reasonable time, provided the business of the authority is not unduly in-
terrupted or interfered with thereby.
(i) The authority shall not discriminate in the operation of the mar-
ket against the sale at the market of any perishable farm product, nor
against any producer of any perishable farm product, on account of the
county or state in which any such product is produced, or on account
of the legal nature of the producer or other person engaged in the marketing
of any such product, whether individual, cooperative, partnership or
corporate, or on account of the conditions of employment or the nature of
the labor employed in the production or marketing of such product; but
every such authority shall take all reasonable action and precaution to
prevent any such discrimination.
(j) The authority may enter into contracts with such city or county
for providing such water, gas, electric, sewage disposal, and refuse col-
lection services, and fire and police protection and other services required
for the construction, maintenance and operation of the market, which
shall be upon such terms and conditions and at such rates, fees and charges
as shall be prescribed by such city or county, the cost of obtaining such
services from the city or county shall be paid as a part of the cost of op-
erating the market.
(k) The lease of any of the facilities of the market or the grant of
any privilege for the use thereof shall not be construed to relieve any
such lessee or grantee from any tax levied by the Commonwealth or
such city or county applicable to such lessee or grantee nor shall such
lessee or grantee be exempt therefrom.
(1) Every person, firm and corporation which violates, or fails, re-
fuses or neglects to observe and comply with any rule or regulation
lished by the authority for the use of the market, or any part thereof
may be evicted therefrom, and shall be guilty of a misdemeanor. Each
such violation, failure, refusal or neglect and each day’s continuance
thereof shall constitute a separate offense. Jurisdiction for the trial of
such misdemeanors is hereby conferred upon the hustings or corporation
court of such city or the circuit court of such county, as the case may be.
§ 3.1-63. Article to be liberally construed.—The article, being neces-
sary for the promotion of public safety, welfare, health, convenience and
prosperity of the inhabitants of the Commonwealth, it shall be liberally
construed to effect the purposes hereof.
__ § 3.1-64. Inconsistent laws inapplicable-—All other general or spe-
cial laws, including the provisions of charters of such cities inconsistent
with any provision of this article are hereby declared to be inapplicable to
the provisions of this article.
Article 2
Produce Market Loan Fund
§ 3.1-65. Definitions.—For purposes of this article:
(a) “Wholesale produce market’ means a single, integrated, public
market located in a substantially contiguous area which serves as a major
source of supply of perishable agricultural commodities consumed in a
large consuming area and which is operated primarily for the purpose of
selling or otherwise disposing of perishable agricultural commodities at
wholesale for resale to others.
(b) “Perishable agricultural commodities” means agricultural com-
modities and products thereof, consisting principally of fresh fruits and
vegetables, handled alone or in combination with poultry, eggs, meats,
seafood and dairy products. oo
(c) “Eligible borrower” means any municipality, political subdivision
or agency of the State, including any city port authority or produce
market authority established by or under the laws of this State. :
§ 3.1-66. Creation and purpose.—In order to promote the general
welfare by promoting the efficient and economic handling of farm and food
products at wholesale in the interests of the grower, the food trade and
the consuming public; in order to reduce greatly increasing marketing
costs of food, excessive waste and spoilage; and in order to combat re-
duced prices to producers and increased costs to consumers caused by in-
adequate and obsolete market facilities, there is hereby created a special
loan fund to be known as the Produce Market Loan Fund. :
The purpose of this fund is to provide equity capital for the construc-
tion of wholesale produce markets within the Commonwealth.
§ 3.1-67. Application for loan made to Commissioner; form and
contents.—Any eligible borrower desiring to build a wholesale produce
market may apply to the Commissioner of Agriculture and Immigration
for a loan from this fund to be used for the purpose set forth in § 3.1-66,
provided such market is to be operated in such a manner as to comply
with the objectives of this article and for the duration of any such loan,
to earn revenues sufficient only to conduct its business and meet its
obligations, with reasonable reserves. |
Such application shall be made on forms prescribed by the Commis-
sioner. In addition to other information called for, such application shall
give information as to the financial needs of such facility, the use expected
to be made of the requested loan, the anticipated sources of all funds re-
quired to build the facility, the anticipated revenue of such facility,
wherein the public welfare will be promoted by making the loan, and the
reasons why such facility is expected to be self-liquidating. an |
~§ 3.1-68. Application forwarded to Governor with recommendation
of Commissioner.—When the Commissioner shall have satisfied himself as
to the need for such wholesale produce market and as to the financial
soundness of such market and all other matters which he may deem
material to the financial success of such market, he shall forward the
application to the Governor and shall at the same time give his opinion
as to whether such loan should be granted. |
§ 3.1-69. Authorization by Governor; limitations on amount; com-
mitments for remaining funds needed.—If the Governor deems it advisable,
he may authorize such loan, provided that no such loan shall be in excess
of thirty-three and one-third per centum of the cost of the site and the
cost of constructing such market nor shall any such loan in any event
exceed three hundred thousand dollars, and provided further that in no
case shall the borrower obtain from sources other than the Produce
Market Loan Fund less than one hundred thousand dollars of the esti-
mated costs of such market.
After the Governor has authorized any such loan, no transfer of funds
shall actually take place until the borrower shall have firm commitments
for “soe the remaining funds needed to construct the wholesale produce
marke
§ 3.1-70. Repayment of loans; interest; security.—All loans made
under this article shall be repayable within twenty-three years, with in-
terest at the rate of three per centum per annum on the unpaid balance,
after the third year of such loan. At least five per centum of the principal
amount of such loan shall be repaid annually after the third year, with the
privilege of anticipation. Each such equity loan shall be secured both as
to principal and interest in such manner as the Governor shall prescribe.
- §. 8.1-71. State Treasurer custodian of evidences of debt, etc.; audits
of finances of market.—The State Treasurer shall be the custodian of all
evidences of debt and other instruments incidental to loans made under
this article, and shall have the authority to require such audits of the
finances of such wholesale produce market as he may deem necessary or
is prescribed by law. ,
§ 3.1-72. Fund established; loan payments from fund.—For the
purposes hereinabove set forth there is hereby established the Produce
Market Loan Fund. From this fund there shall be paid as loans by the
State Treasurer on warrants of the Comptroller on vouchers issued by
the Commissioner of Agriculture and Immigration, accompanied by such
evidence of debt and security as may have been prescribed by the Gover-
nor, such sums, not exceeding the uncommitted balance of such Produce
Market Loan Fund, as may have been approved by the Governor.
§ 3.1-73. Repayments credited to general fund.—All payments into
the State treasury representing the repayment of principal or interest
shall be credited to the general fund of the State. ,
CHAP. 10
VIRGINIA FERTILIZER LAW OF 1952
§ 3.1-74. Title—This chapter shall be known as the “Virginia Fer-
tilizer Law of 1952.”
3.1-75. Definition of terms.—For the purpose of this chapter:
(a) The term “Board of Agriculture” or “Board” means the “Board
of Agriculture and Immigration.”
b) The term “Department” means the “Department of Agriculture
and Immigration.”
(c) The term “Commissioner” means the “Commissioner of Agricul-
ture and Immigration.”
(d) The term “person” means any individual, partnership, associa-
tion, corporation, firm or organized group of individuals whether incor-
porated or not.
(e) 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.
(f) The term “registrant” means the person registering commercial
fertilizer or soil amendments pursuant to the provisions of this chapter.
(g) The term “guarantee” wherever used shall import a representa-
tion to the Commissioner and a guarantee to the purchaser.
(h) The terms “sell’’ or “distribute” include offering for sale, selling,
bartering, exchanging, or otherwise supplying any commercial fertilizer
covered by this chapter.
(i) The term “label” means the written, printed or graphic matter
on, or attached to, the immediate container, or in the case of bulk goods
accompanying transportation of the lot of material.
j) The term “labeling” means all representations and includes all
labels and other written, printed or graphic matter pertaining whatso-
ever to the commercial fertilizer.
(k) The term “per cent” or “percentage” means per cent by weight.
(1) A unit of plant food means one per cent by weight or twenty
pounds per ton.
(m) The term “brand” means the name, term, design or trade
mark under which any individual commercial fertilizer is offered for sale.
(n) The term “grade” means the minimum per cent of total nitro-
gen, available phosphoric acid and soluble or available potash stated in the
order given in this definition.
(o) The term “fertilizer material” means any substance containing
nitrogen, phosphoric acid, potash or any recognized plant food element
or compound which is used primarily for its plant food content, value
in promoting plant growth, or for compounding mixed fertilizers, except
unmanipulated animal and vegetable manures, agricultural liming ma-
terials and gypsum. ;
(p) The term “mixed fertilizer” means any combination or mixture
of fertilizer materials designed for use or claimed to have value in pro-
moting plant growth.
(aq) The term “commercial fertilizer” includes fertilizer materials
and mixed fertilizer.
(r) The term “specialty fertilizer’ means any fertilizer distributed
primarily for nonfarm use, such as home gardens, lawns, shrubs, flowers,
golf courses, municipal parks, cemeteries, greenhouses and nurseries and
may include fertilizers used for research or experimental purposes.
(s) The term “unmanipulated manure” means substances composed
of excreta of domestic animals or domestic fowls when not artifically
mixed with any material or materials other than those which have been
used for bedding, sanitary or feeding purposes for such animals or fowls,
which have not been processed in any manner, including the addition of
plant foods, drying, grinding, shredding or other means.
(t) The term “manipulated manure” means substances, other than
unmanipulated manures, composed of excreta of domestic animals or do-
mestic fowls, plant remains or mixtures of such substances or such sub-
stances to which other plant foods have been added.
(u) The term “official analysis” means the analysis of commercial
fertilizer made by the Commissioner or his duly authorized agent, in ac-
cordance with methods prescribed by the Board of Agriculture.
(v) The term “official sample’ means a sample of commercial
fertilizer drawn by the Commissioner or his duly authorized agent in
accordance with procedures approved by the Board of Agriculture.
(w) The term “buyer’s sample” means a sample of commercial
fertilizer drawn in accordance with the provisions of § 8.1-90.
(x) The term “open formula” means mixed fertilizer labeled so as
to show the name and grade of materials and the quantity of each used
per ton in compounding or mixing.
(y) The term “bulk fertilizer” means any commercial fertilizer offered
sale or sold in a solid, liquid or gaseous state and in a non-packaged
orm.
(z) The term “soil amendment” means any substance or mixture
of substances imported, manufactured, prepared or sold for manurial, soil
enriching or soil corrective purposes or intended to be used for promoting
or stimulating the growth of plants, increasing the productivity of plants,
improving the quality of crops, or producing any chemical or physical
change in the soil, except commercial fertilizer as defined in this chapter,
and unmanipulated animal and vegetable manures, agricultural liming
materials and gypsum.
(aa) The term “contractor” means any person except the registrant
but not excepting agents of registrants, who sell bulk fertilizer to a
consumer.
§ 3.1-76. Registration of commercial fertilizers —(a) Any person
who sells any commercial fertilizer shall before selling, register annually
with the Commissioner the name of each brand and grade of commercial
fertilizer which he desires to sell in this State, either by himself or his
agent, together with the name and address of the manufacturer or manu-
facturers, the net weight of the package and the guaranteed analysis. All
registration shall expire on June thirtieth of each year.
(b) The guaranteed analysis shall state the minimum per cent of
plant food, unless otherwise specified in this section in the following form:
1. Total nitrogen;
2. Nitrogen in the form of nitrate (if claimed); (this shall be ex-
pressed as per cent of total nitrogen in multiples of five) ;
3. Water insoluble nitrogen (if claimed) ; (this shall be expressed as
per cent of total nitrogen in multiples of five) ;
4. Available phosphoric acid;
5. Soluble or available potash ;
6. Total magnesium or total magnesium oxide (if claimed); (all
fertilizers branded for tobacco shall be guaranteed to contain a minimum
of two per cent magnesium oxide, unless otherwise specified by the Board) ;
7. Chlorine (if claimed); (on all fertilizers branded for tobacco the
maximum per cent of chlorine present shall be stated) ;
8. Boron (if claimed); (this shall be guaranteed in terms of pounds
of borax (Na,B,0,10H,O) equivalent per one hundred pounds of com-
mercial fertilizer in increments of one-fourth of a pound, one-half of a
pound, and three pounds per one hundred pounds of fertilizer, unless other-
wise specified by the Board; the guarantee shall be considered both a
minimum and maximum guarantee). The per cent or pounds per hundred
of Boron may also be guaranteed in the elemental form, provided the
equivalent as borax is shown;
9. Other plant food guarantees ;
10. The acid-forming or nonacid-forming property (if claimed) ; (this
shall be stated and the potential basicity or acidity shall be expressed
as equivalent of calcium carbonate in multiples of five per cent (or one
hundred pounds per ton only).
(c) In the case of bone, tankage and other organic phosphate mater-
ials on which the chemist makes no determination of available phosphoric
acid, the total phosphoric acid shall be guaranteed.
_(d) The percentages of total nitrogen, available phosphoric acid, and
soluble or available potash shall be expressed in whole units, provided, how-
ever, that this requirement shall not apply to diluted fertilizer solutions
sold for spray application on nonfarm crops, such as gardens, lawns,
shrubs and flowers.
(e) Additional plant food elements, compounds, soil amendments
or classes or compounds determinable by chemical control methods, may
be guaranteed only by permission of the Commissioner by and with the
advice of the Director of the Virginia Agricultural Experiment Station.
When any such additional plant food elements, compounds, soil amend-
ments or classes of compounds are included in the guarantee, they shall be
subject to inspection and analysis in accordance with the methods and
regulations that may be prescribed by the Commissioner, with approval
of the Board. The registrant may be required to state the sources from
which such additional plant food elements, compounds, soil amendments
or classes of compounds are derived and furnish sample of label and label-
ing claims before registration is accepted.
(f) The application for registration shall be submitted to the Com-
missioner on forms furnished by the Commissioner, and shall be accom-
panied by a registration fee for each brand and grade, as follows (1)
a registration fee of two dollars for each brand and grade of commercial
fertilizer to be sold in packages or bulk of more than twenty-five pounds,
(2) a registration fee of fifty dollars for each brand and grade of com-
mercial fertilizer to be sold in packages of twenty-five pounds or less, and
(3) a registration fee of fifty dollars for each brand of soil amendment
to be sold in packages or bulk.
(g) In no event shall there be registered by the same person, two
or more brands of the same brand name with different guaranteed analy-
sis.
(h) The sources from which the nitrogen, phosphoric acid and potash
are derived in mixed fertilizers shall be stated in the application for
registration and if any such source be changed during the period of registra-
tion, prompt notification of such change shall be made to the Commissioner.
(i) Any person may file application for registration of open formula
fertilizer.
(j) No distributor of any commercial] fertilizer shall be required to
register the same, if it has been duly registered under provisions of this
chapter and the registration is then in effect.
(k) Any person, firm, or corporation desiring to become a contractor
as defined in this chapter shall, before engaging in such business, make
application to the Commissioner on application forms furnished by the
Commissioner for a permit to do business in this State. Each application
shall be accompanied by a remittance of two dollars for each contractor
as a fee for issue of permit. The applicant shall guarantee compliance
with all provisions of this chapter which apply to the sale of bulk fertilizers,
which shall include delivering to the consumer the bulk fertilizer purchased,
in a sworn statement on the application for permit to the Commissioner.
Upon approval by the Commissioner, a copy of the permit shall be furnished
the applicant and when furnished, shall authorize the person receiving
same to do business as a contractor. All permits shall expire on June
thirtieth of each year.
(1) The Commissioner is authorized and empowered to refuse to reg-
ister or to cancel the registration of, any brand of commercial fertilizer
or soil amendment as herein provided, upon satisfactory proof that the
registrant has been guilty of fraudulent and deceptive practice in the
evasion or attempted evasion of the provisions of this chapter or any
rule or regulatior. promulgated hereunder, 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, in person or by his
attorney by the Commissioner.
(m) The Commissioner is further authorized and empowered to re-
fuse to issue a permit to or to cancel the permit of any person desiring
to do business or engaged in business as a contractor under provisions
of this chapter, who shall misbrand or adulterate brands and grades of
commercial fertilizer or soil amendments registered for sale in this State,
or who shall evade or attempt to evade any provisions of this chapter or
any rule or regulation promulgated hereunder; provided that no permit
shall be revoked or refused until the contractor shall have been given an
opportunity to be heard, either orally or in writing, in person or by his
attorney by the Commissioner.
§ 3.1-77. How commercial fertilizer branded.—(a) The following
information shall be branded or stamped on, or affixed to each bag or
package, or shown on label statements accompanying bulk commercial
fertilizers in the following order:
‘ Net weight of package in pounds or bulk shipments in tons or
pounds;
2. Brand and grade;
3. Guaranteed analysis or the grade numerals for nitrogen, phosphoric
acid and potash only;
(The guaranteed analysis where applicable shall be stated as shown
in paragraph (b) of § 3.1-76 and the total nitrogen, nitrogen in the form
of nitrate, water insoluble nitrogen, available phosphoric acid and soluble
or available potash shall be listed in the same order).
Name and address of manufacturer.
(b) In the case of brands registered as open formula it is required
in addition to paragraph (a) of this section, that information be shown
on each package or on a tag attached to each package, stating the
brand name and grade of materials, quantity of each of the materials
used per ton in compounding the same, and the name and address of
the manufacturer. In the case of open formula commercial fertilizer sold
in bulk, the information required in this paragraph shall be shown on or
attached to the label statement accompanying bulk commercial fertilizer.
Statements as to the number of pounds of each material used in compound-
ing the mixture shall constitute a guarantee to the purchaser.
(c) The brand name or trade mark and the guaranteed analysis
branded or stamped on, or affixed to, the package or shown on the label
statement accompanying bulk commercial fertilizer as above provided, shall
agree and correspond in every particular to the brand name or trade
mark and the guaranteed analysis registered with the Commissioner.
(d) Any commercial fertilizer offered for sale in this State to con-
sumers, which requires dilution prior to application, shall have a state-
ment of directions fully explaining the rate of dilution and application
branded or stamped on, or affixed to the package or shown on the label
statement accompanying bulk shipment.
§ 38.1-78. Minimum plant food allowed.—(a) No person shall be
allowed to distribute, register or offer for sale any mixed fertilizer, Super-
phosphate, basic slag, or colloidal phosphate or similar materials in this
State which contain less than eighteen per cent of plant food, namely,
total nitrogen, available phosphoric acid and soluble or available potash,
either singly or in combination, except as provided in (b) and (c) of this
section and in §§ 3.1-79 and 3.1-80.
) There may be one grade of tobacco plant bed fertilizer in which
the sum of guarantees for total nitrogen, available phosphoric acid and
soluble or available potash shall not total less than sixteen per cent.
(c) The minimum plant food requirement shall not apply to ground
rock phosphate.
§ 3.1-79. Sale of ground rock phosphate.—(a) The label require-
ments of all ground rock phosphate distributed in this State shall be as
required for commercial fertilizer in § 3.1-77 of this chapter, except that
the following items shall be branded or stamped on, or affixed to the
packages, and shown on label statements accompanying each bulk ship-
ment in the following order, in lieu of the items shown for commercial
fertilizers in paragraph (a) of § 3.1-77 of this chapter:
I. Net weight of package in pounds or bulk shipment in tons or
pounds;
2. Brand name or trade mark; (This to be shown in print size not
larger than the wording “Ground Rock Phosphate’’) ;
3. Ground rock phosphate;
4, Guaranteed analysis;
5. Available phosphoric acid per cent;
6. Total phosphoric acid per cent; (This shall be shown in print size
not larger than one-half the wording “available phosphoric acid per
cent’) except that in the case of label statements accompanying bulk
shipments of ground rock phosphate, the words (“Total phosphoric acid
per cent’? when typed shall be in small letters and the words “available
phosphoric acid per cent” shall be typed in capital letters) ;
7. Degree of fineness;
8. Name and address of manufacturer.
(b) A complete copy of the labeling accompanying ground rock phos-
phate and a statement of all claims made or to be made for it including
directions for use shall be furnished the Commissioner at the time of
registration or before such claims are made.
§ 3.1-80. Adoption and number of mixed grades which may be sold.
—(a) The Commissioner, by and with agreement of the Director of the
Virginia Agricultural Experiment Station and the Director of the Virginia
Truck Experiment Station, after a public hearing, of which all registered
commercial fertilizer manufacturers are notified, shall adopt prior to June
thirty of each year, or as early as practical thereafter, a list of approved
ratios and minimum grades and/or grades of mixed fertilizers which may
be sold in this State, provided the number of grades shall not be less
than fifteen. After this grade list has been established, it shall remain
in effect for one year, unless an emergency be declared by the Governor.
(b) It is provided, however, that any person may be permitted to
sell in packages of twenty-five pounds or less grades of specialty fertilizer
not on the current approved grade list provided they meet the other re-
quirements of this act, and provided further that any person may be
permitted to sell in packages of more than twenty-five pounds two, but
not exceeding two, grades of specialty fertilizer not on the current ap-
proved grade list, provided they meet the other requirements of this act.
The Commissioner may, in his discretion, require a sample label and
labeling claims, to be submitted, before registering any specialty fertilizer.
(c) The Commissioner may permit the distribution of grades of com-
mercial fertilizer, not otherwise permitted by this chapter, for research
or experimental purposes by the Virginia Agricultural Experiment Sta-
tion, the Virginia Truck Experiment Station and other State or Federal
agencies authorized by law to conduct agricultural research, and such
commercial fertilizer shall be exempt from registration and payment of
fees required under the provisions of this chapter. ,
(d) It is further provided that any registrant or manufacturer may
be permitted to mix farm crop commercial fertilizers not otherwise per-
mitted by this chapter, for a consumer’s specific use, when granted
written permission by the Commissioner. The Commissioner may grant
such permission only after receiving a bona fide written request from
a consumer specifying the commercial fertilizer desired and designating
the manufacturer. The written permission, made by the Commissioner,
shall be in possession of the manufacturer prior to mixing and delivering
the commercial fertilizer to the consumer. The manufacturer shall for-
ward to the Commissioner within twenty-four hours or on the next working
day following date of manufacture of mixture a copy of invoice showing
required information for the specified mixture of commercial fertilizer.
Such mixtures of commercial fertilizer shall be exempt from registration
and the payment of registration fees, but shall contain not less than
eighteen per cent or units of plant food as provided in this chapter and
shall be subject to inspection, sampling, the inspection fees, assessments
for deficiencies or excesses, a guaranteed analysis, expressed in whole
numbers only, as provided in this chapter and all other provisions of this
chapter. The Board shall establish regulations to protect, as far as practic-
able, the consumers of such mixtures and to prevent evasion or abuse of
subsection (a) of this section and other provisions of this chapter.
§ 3.1-81. Fertilizer inspection fee; report of tonnage.—(a) For the
purpose of carrying out the provisions of this chapter, all registrants or
manufacturers who sell any commercial fertilizer in Virginia shall pay to
the State Treasurer an inspection fee of twenty cents per short ton of
commercial fertilizer, as follows:
(b) Each registrant or manufacturer, shall make application to the
Commissioner for a permit to report the tonnage of commercial fertilizer
sold in accordance with which report the inspection fee shall be paid.
_ (c) The Commissioner shall grant such permit, except that no per-
mit shall be issued unless the applicant uses a system of keeping books
that is satisfactory to the Commissioner, indicates accurately in his rec-
ords the tonnage of commercial fertilizer sold in the State, and agrees
to allow the Commissioner or his duly authorized representative to examine
such records and verify the tonnage statement. The report shall be under
.
oath on forms furnished by the Commissioner and shall be filed in the
office of the Commissioner. |
(d) The report of tonnage and inspection fee shall be due and pay-
able quarterly on the first day of April, the first day of July, the first day
of October and the first day of January, covering tonnage and grades
of mixed fertilizer and fertilizer materials sold during the preceding
months. If the report is not filed and the inspection fee paid by the tenth
day following due date, or if the report of tonnage is false, the Commis-
sioner may revoke the permit, and if the inspection fee be unpaid after a
fifteen day grace period 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 the registrant or manufacturer.
(f) On individual packages of commercial fertilizer containing
twenty-five pounds or less, and soil amendments sold in packages or in
bulk there shall be paid in lieu of the annual registration fee of two
dollars per brand and the twenty cents per short ton inspection fee, an
annual registration and inspection fee of fifty dollars for each brand and
grade sold, unless the annual tonnage of commercial fertilizer sold in
packages of twenty-five pounds or less and soil amendments sold in
packages or bulk exceed two hundred and fifty tons, in which event, the
twenty cents per ton inspection fee shall apply on all excess over
hundred and fifty tons. Where a person sells commercial fertilizer in
packages of twenty-five pounds or less and in packages over twenty-five
pounds or in bulk this annual registration and inspection fee of fifty
dollars shall apply only to that portion sold in packages of twenty-five
pounds or less, and that portion sold in packages over twenty-five pounds
or in bulk shall be subject to the same inspection fee of twenty cents
per short ton as provided in this chapter.
(g) Any registrant or manufacturer selling commercial fertilizers in
packages of twenty-five pounds or less and soil amendments in packages
or bulk shall report to the Commissioner annually on July first of each
year the quantity of each brand and grade sold during the preceding
year. This report shall be made on forms furnished by the Commissioner
and failure to make such report on or before the fifteenth day following
due date shall constitute a violation of this chapter and the Commissioner
is authorized to cancel the registration to do business in this State of
any registrant failing to make such report.
Any nonresident person desiring to distribute within this State
any commercial fertilizer in packages of only twenty-five pounds or less,
or any soil amendment shall file a written power of attorney designating
the Secretary of the Commonwealth or a resident agent as the agent
of such nonresident 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
person and make such person amenable to the jurisdiction of the courts
of this State. The Secretary of the Commonwealth shall be allowed such
fees therefor as provided by law for designating resident agents. The
Commissioner shall be furnished with a copy of a duly certified copy of
such designation of the Secretary of the Commonwealth or of a resident
agent.
(i) For the purpose of compiling statistical data on the consumption
of commercial fertilizer in this State, each registrant selling commercial
fertilizers in packages of more than twenty-five pounds or in bulk to a
nonregistrant in this State shall report to the Commissioner the pounds
or tonnage of each grade of commercial fertilizer shipped to each destina-
tion or county in the State. This information may be reported by either
of the following methods: (1) By sending to the Commissioner a copy of
the invoice or order on each shipment of commercial fertilizer in or into
this State, within fifteen days after shipment is made, or (2) by sub-
mitting a summary report on or before January thirty-first of each year,
covering shipments made between July one and December thirty-first of
the preceding year; and on or before July thirty-first of each year, cover-
ing shipments made between January one and June thirtieth of the same
year. The Commissioner is authorized to cancel, after due warning, the
registrations of any registrant failing to comply with this provision. The
Commission shall publish and distribute, semiannually, to commercial
fertilizer registrants and other interested persons a composite report show-
ing the tons of each grade of commercial fertilizer sold in each county
of the State. This report shall in no way divulge the operation of any
registrant.
§ 3.1-82. Prohibited acts.—(a) The Commissioner shall have au-
thority with the approval of the Board to prohibit the sale of any com-
mercial fertilizer that contains ingredients, other than recognized plant
foods, which may damage crops or soils.
(b) No person shall distribute in this State for commercial fertilizer
purposes either as such or mixed with other fertilizer materials, any raw
or untreated leather, hair, wool, waste, hoof, horn, rubber or similar nitro-
genous materials the plant food content of which is largely unavailable.
(c) No person shall misbrand or mislabel fertilizer or distribute the
same, or disseminate false or misleading statements in any manner or
by any means concerning any fertilizer.
(d) It shall be unlawful for any person to distribute in thi:; State
any commercial fertilizer that has not been registered with the Commis-
sioner and branded as required by this chapter. The fact that the pur-
chaser waives the inspection and analysis thereof shall be no protection
to the party selling or offering the same for sale.
§ 3.1-83. Penalties for violation of chapter.—Any person who shall
sell or distribute in this State any commercial fertilizer which has not
been previously registered with the Commissioner or which has not been
branded or tagged as hereinbefore provided, or any person who shall
receive or remove any commercial fertilizer which has not been branded
as provided for in this chapter, or any person shall violate any other
provisions of this chapter, or any rules or regulations issued thereunder,
unless otherwise provided in this chapter, shall be guilty of a misde-
meanor and subject to a fine or forfeiture of not less than twenty-five dol-
lars nor more than two hundred dollars for each and every offense when
convicted thereof.
§ 3.1-84. Stop sale orders.—(a) It shall be the duty of the Com-
missioner to issue and enforce a written or printed stop sale, stop use or
stop removal order, to the owner or custodian of any lot of commercial
fertilizer and to hold at a designated place when the Commissioner finds
the commercial fertilizer is being offered or exposed for sale in violation
of any of the provisions of this chapter, until this chapter has been
complied with and the commercial fertilizer is released in writing by the
Commissioner or the violation has been otherwise legally disposed of by
written authority.
(b) The owner or custodian of such commercial fertilizer shall have
the right to appeal from such order to a court of competent jurisdiction in
the county or city where the commercial fertilizer is found.
(c) The Commissioner shall release the commercial fertilizer which
has been subjected to an order under paragraph (a) above when the
requirements of this chapter have been complied with.
(d) The provisions of this section shall not be construed as limiting
the right of the enforcement officer to proceed as authorized by other
provisions of this chapter.
§ 3.1-85. Seizure, condemnation and sale—(a) Any lot of com-
mercial fertilizer not in compliance with the provisions of this chapter
shall be subject to seizure on complaint of the Commissioner to a court of
competent jurisdiction in the county or city in which the commercial
fertilizer is located. In the event the court finds the commercial fertilizer
to be in violation of this chapter, and orders the condemnation of the com-
mercial fertilizer, it shall be disposed of in any manner consistent with
the quality of the commercial fertilizer, and the laws of the State.
| (b) In no instance shall the disposition of the commercial fertilizer
be ordered by the court without first giving the claimant an opportunity
to process or relabel the product to bring it into compliance with this
chapter.
§ 3.1-86. Prosecutions by Commonwealth’s attorney.—All prosecu-
tions under this chapter shall be conducted by the Commonwealth’s at-
torney of the county or city in which the offense shall be committed or
such seizure shall be made.
§ 3.1-87. Appointment of inspectors.—The Commissioner shall by
and with the approval of the Board appoint such inspectors of commercial
fertilizer as he may deem necessary for the proper and efficient enforce-
ment of this chapter.
§ 3.1-88. Collection and analysis of samples by Commissioner.—(a)
The Commissioner shall endeavor to have collected fair samples of all
brands of commercial fertilizers offered for sale in this State, and shall
have the same analyzed in the laboratories of the Department, and shall,
from time to time, publish such analyses and other data, as will be of
information to the farmers.
(b) In order to determine compliance with this chapter, the Com-
missioner or his duly authorized agent shall have authority at all reason-
able hours to enter into any car, warehouse, store, building, boat, vessel
or place containing commercial fertilizers, for the purpose of inspection
or sampling, and to procure samples for analysis from any package or
lot of commercial fertilizers; provided, however, that the action of the
Commissioner or his agent hereunder shall be with the consent of the
person having control over the property in which such fertilizer is kept
and, if without such consent, then upon the application of the Commis-
sioner or his agent, in the manner prescribed by Chapter 5, (§ 19.1-83 et
seq.) of Title 19.1 of the Code of Virginia, a search warrant shall issue
for the search of the premises.
§ 3.1-89. Determination and publication of commercial values.—For
the purposes of determining the commercial values to be applied under
this chapter, the Commissioner shall determine and publish annually the
values per pound of nitrogen, phosphoric acid and potash in commercial
fertilizers in this State. The values so determined and published, shall be
used in determining and assessing penalties.
§ 3.1-90. Samples furnished by seller on request of buyer.—(a) Upon
request of the purchaser every seller of commercial fertilizer shall draw
a sample of the same at the time of its delivery from unbroken packages,
or bulk lot, in the presence of the purchaser, or if the seller is not present
any justice of the peace or notary public may at the request of the pur-
chaser draw a sample of the commercial fertilizer in the presence of the
purchaser. This sample shall be known as a “buyer’s sample” and shall
be drawn in accordance with the procedures approved by the board for
drawing an “official sample.’”’” The sample when drawn shall, in the pres-
ence of both parties, be put in a glass or tin vessel, securely sealed and a
certificate placed with it, signed by both parties certifying that the
sample is a fair and correct one. The sample must then be sent to the
Commissioner, who shall have it analyzed in the laboratories of the De-
partment and send a copy of the analysis to both buyer and seller free of
cost within twenty days from the date the sample was received by the
Commissioner.
(b) On receipt of the analysis, the purchaser shall send to the Com-
missioner a correct copy of what was branded on the bag or package or
shown on the label statement accompanying bulk commercial fertilizer
from which the sample was drawn. This copy must be made at the time
the sample was drawn, and must be signed by both parties.
§ 3.1-91. Certification of analyses and refusal to analyze.—(a) A
certified copy of the official analysis of commercial fertilizer shall be
admitted as evidence in any court of this State on the trial of anything
involving the merits of any commercial fertilizer.
The Commissioner may refuse to analyze all samples, except such
as are taken under the provisions of this chapter, and no sample unless so
drawn, analyzed and certified, shall be admitted as evidence in the trial
of any suit or action wherein there is called into question the value or
composition of any lot of commercial fertilizer distributed under the
provisions of this chapter; provided that the provisions of this section shall
not be construed to exclude, in any civil proceeding, any other analysis
of the composition of the fertilizer in issue.
§ 8.1-92. Assessment for deficiency in nitrogen, available phos-
phoric acid and soluble or available potash.—(a) If the analysis of any
commercial fertilizer obtained in any of the heretofore mentioned methods,
shall fall in value below the guarantee registered with the Commissioner,
or branded on the package or shown on the label statement accompany-
ing bulk fertilizer, by the registrant or manufacturer, in total nitrogen,
available phosphoric acid, or soluble or available potash a penalty shall
be assessed on the original shipment of commercial fertilizer of three times
the commercial value of the deficiency, if such deficiency is in excess of
0.30 of one per cent plus three per cent of guarantee.
(b) The above mentioned assessments shall be based on the com-
mercial value of such commercial fertilizer; provided, however, that in
no case shall the penalty herein provided for exceed the commercial value
of the goods.
§ 3.1-98. Assessment for deficiency of nitrate nitrogen or water in-
soluble nitrogen.—(a) If the analysis of any commercial fertilizers guar-
anteed to contain a minimum of one per cent or less of nitrogen derived
from nitrate, or one per cent or less of water insoluble nitrogen, shall
fall as much as or more than one-third below the guarantee in either
of these constituents, it shall be the duty of the Commissioner to assess
against the manufacturer, dealer or agent, who sold such commercial
fertilizer, a penalty amounting to twice the value of such deficiency or
deficiencies.
(b) If the analysis of any commercial fertilizers guaranteed to con-
tain a minimum of more than one per cent of either of the constituents
shall fall as much as, or more than one-fourth below the guarantee in
either of the constitutents, it shall be the duty of the Commissioners to
assess against the manufacturer, dealer or agent, who sold such com-
mercial fertilizer, a penalty amounting to twice the value of such deficiency
or deficiencies.
§ 3.1-94. Assessment for deficiency in magnesium or magnesium
oxide.—Should the magnesium (Mg) or magnesium oxide (MgO) content
of any sample of commercial fertilizer fall as much as one-fourth of one
whole per cent below the guaranteed minimum, a penalty of fifty cents
per ton for each additional one-fourth of one whole per cent or fraction
thereof shall be assessed by the Commissioner against the guarantor.
§ 3.1-95. Assessment for excess chlorine.—If the chlorine content
of any lot of fertilizer branded for tobacco shall exceed the maximum
amount guaranteed by more than one-half of one per cent, a penalty shall
be assessed equal to ten per cent of the value of the fertilizer for each
additional one-half of one per cent or excess of fraction thereof.
3.1-96. Assessment for excessive basicity or acidity.—Should the
basicity or acidity, as equivalent of calcium carbonate of any sample of
commercial fertilizer be found upon analysis to differ more than five per
cent, or one hundred pounds calcium carbonate equivalent per ton, from
the guarantee, then a penalty of fifty cents per ton for each fifty pounds
calcium carbonate, or fraction thereof, in excess of the one hundred pounds
crabs may be assessed by the Commissioner against the guarantor
ereof.
§ 8.1-97. Assessment when materials vary from contract.—Where
there is a contract or agreement between a manufacturer, dealer or agent,
and a purchaser of commercial fertilizer that the commercial fertilizer will
be manufactured by the use of certain definite sources, the commercial
fertilizer must be manufactured from those materials without the sub-
stitution of other materials, and for failure on the part of the manu-
facturer to comply with this requirement the manufacturer shall be liable
to the purchaser for damages amounting to twice the value of the fertilizer
material or materials that were agreed to be used in the contract.
3.1-98. Penalties for deficiencies or excess not otherwise specified.
—Deficieucies or excesses in any other constituent or constituents not
otherwise covered by this chapter, which the registrant is required to or
may guarantee, shall be evaluated by the Commissioner and penalties
therefor shall be prescribed by the Commissioner with the approval of
the Board; provided, however, that in no case shall the penalties exceed
the commercial value of the fertilizer.
3.1-99. Payment of assessments and disposition of funds derived
therefrom.—(a) All penalties or assessments levied by the Commissioner
under §§ 3.1-92 to 3.1-98 shall within three months from date of notice to
manufacturer, dealer or agent, be paid to the purchasers of such penal-
ized lots of commercial fertilizer, receipts taken therefor and promptly
forwarded to the Commissioner. If the purchasers cannot be found, or if
the amount due any one purchaser from the lot of commercial fertilizer,
on which an assessment has been levied, is less than one dollar, the
amount of penalty assessed shall be paid to the Commissioner, who shall
deposit the same in the State treasury and report to the State Comptroller,
who shall credit the same to a special fund.
(b) Such funds as shall thereafter be found to be payable to the pur-
chasers of lots of commercial fertilizers against which the penalties were
assessed shall be paid from the fund on order of the Commissioner. Any
balance remaining in such fund for a period of two years, shall be trans-
ferred thereafter by the State Comptroller to the credit of the general
fund of the Commonwealth.
§ 3.1-100. Seizure of fertilizers when assessments not paid.—The
Commissioner may seize any commercial fertilizer belonging to such man-
ufacturer, dealer or agent, if the assessment be not paid within three
months after such notice to such manufacturer, dealer or agent has been
given by the Commissioner.
§ 3.1-101. Appeals from assessments, seizure and sales.— Any person
feeling himself aggrieved by any action of the Commissioner under pro-
visions of this chapter shall have the right within ninety days from the
date of the rendition of the decision of the Commissioner to appeal there-
from to the circuit or corporation court of the county or city in which
the person resides.
_ § 3.1-102. Sales and shipments to manufacturers, etc.—Nothing in
this chapter shall be construed to restrict, regulate or prohibit the sale of
any mixed fertilizer or fertilizer material to a registered manufacturer
for manufacturing purposes.
§ 3.1-108. Shipment of commercial fertilizer in bulk.—Nothing in
this chapter shall prevent the shipment of commercial fertilizer in bulk,
provided the seller accompanies each such shipment with a statement,
showing the number of pounds or tons expressed as net weight in the
said shipment, the name and address of the consignee, the brand name
and guaranteed analysis, and the name and address of the registrant or
manufacturer, and complies with other provisions of this chapter.
3.1-104. Rules for inspection, analysis and sales of commercial
fertilizers.—The Board is authorized to establish such rules and regula-
tions as may be necessary for the enforcement of this chapter and are
not inconsistent with the provisions of this chapter. The Board shall
prescribe methods of analysis and procedures for inspection of commercial
fertilizers.
§ 8.1-105. Disposition of money.—All moneys collected under the
provisions of this chapter, except penalties and assessments levied under
§§ 3.1-92 to 3.1-98 shall be paid into the State treasury to the credit of the
general fund.
§ 3.1-106. Delegation of duties.—All authority vested in the Com-
missioner by virtue of the provisions of this chapter, other than §§ 3.1-
98 and 3.1-104, may with like force and effect be executed by such em-
ployees of the Department as the Commissioner may, from time to time,
designate for such purpose.
CHAP. 11
AGRICULTURAL LIMING MATERIALS
§ 3.1-107. Registration required.—All manufacturers, dealers or
agents who may desire to sell or offer for sale in the State of Virginia
any agricultural liming material, or agricultural liming material with
potash, shall be required to register annually with the Commissioner,
upon forms furnished by the Commissioner, the name of each brand of
agricultural liming material, or agricultural liming material with potash,
which they may desire to sell or offer for sale in this State, either by
themselves or their agents, together with the name and address of the
manufacturer, the weight of the bag, barrel or package, and the guar-
anteed analysis thereof.
3.1-108. Contents of analysis.—Every such analysis shall state (1)
the minimum percentage of oxide of calcium and oxide of magnesia in
burned lime or hydrated lime; (2) the minimum percentage of calcium
carbonate and magnesium carbonate in all forms of unburned liming
materials; (8) the minimum percentage of calcium carbonate, magnesium
carbonate, oxide of calcium and oxide of magnesia in all mixtures of both
burned and unburned forms of liming materials; (4) the minimum per-
centage of oxide of calcium and oxide of magnesia and available potash
in all brands of burned liming material with potash; (5) the minimum
percentage of calcium carbonate and magnesium carbonate and available
potash in all brands of unburned liming material with potash; (6) the
minimum percentage of calcium carbonate, magnesium carbonate, oxide of
calcium, oxide of magnesia and available potash in all mixtures of both
burned and unburned forms of liming materials with potash; and (7) in
the case of each brand of agricultural liming material or agricultural
liming material with potash offered for registration, the source of the
liming material or potash or both where both are present in the same
brand.
§ 3.1-109. Statements in analysis constitute guarantee.—The fore-
going statements when registered with the Commissioner shall be re-
garded as constituting a guarantee to the purchaser that each package
contains not less than the minimum percentage of the chemical elements
and compounds as stated.
§ 3.1-110. Branding or labeling mixtures.—Mixtures of burned and
unburned liming materials and mixtures of burned and unburned liming
materials with potash, shall be branded or labeled as specified in § 3.1-118
except that in lieu of the statement required by § 3.1-114 as to whether
the liming material is burned or unburned, the word “mixture” and the
name of the sources from which the mixture is derived shall be used.
The word “mixture” and the name of the sources shall be in the same
size type specified in § 3.1-113 for burned or unburned liming materials
and all other provisions of §§ 3.1-107 to 3.1-112 shall apply.
§ 3.1-111. Use of word “lime”.—The word “lime,” as used in §§ 3.1-
107 to 3.1-112, is specifically restricted to calcined liming materials, and it
shall not be permissible to use the term anywhere on a bag or package
containing liming materials, or liming materials with potash, or a tag
attached to the same if the contents of such bag or package is not a
calcined liming material.
§ 3.1-112. State as to whether material is burned or unburned.—There
shall be plainly stated on the registration form, opposite the name of each
brand offered for registration, whether the brand is burned or unburned
liming material.
§ 3.1-113. Branding on bags, barrels or packages.—All manufactur-
ers, dealers or agents, before selling or offering for sale in this State
any agricultural liming material, or agricultural liming material with
potash, shall brand on, or attach to, each bag, barrel, or package, the
brand name of the agricultural liming material, or agricultural liming
material with potash, the weight of the package, the name and address
of the manufacturer, and the guaranteed analysis of the agricultural lim-
ing material or agricultural liming material with potash, stating the
minimum percentages as provided for in § 3.1-108, and shall also state
immediately under the brand name, or in very close proximity thereto,
whether the liming material is burned or unburned. The letters of the
words used to indicate whether such material is burned or unburned shal]
be of the same size as those used in the brand name, except where the
smallest letters used in the brand name are two inches or more in height
in which case the letters of the words used to indicate whether such
material is burned or unburned shall be at least one-half as large as the
largest letters used in the brand name; provided, however, that no such
statement as to whether the material is burned or unburned shall be
required where any one of the following words is used as a part of the
brand name, namely, “burned,” “burnt,” “unburned,” or “unburnt.”
§ 3.1-114. Analysis attached to invoice of bulk material.—In the case
of bulk agricultural liming material or agricultural liming materials with
potash, the manufacturer shall attach to his invoice the guaranteed an-
alysis as herein provided for, and shall also state thereon whether the
liming material is burned, unburned or a mixture of burned and unburned
liming materials.
: § 3.1-115. Registration fees.—All manufacturers, dealers or agents
proposing to manufacture or to sell both to manufacture and to sell,
agricultural liming materials, or agricultural liming materials with pot-
ash, in this State shall annually pay to the Commissioner a registration
fee of ten dollars for each brand of agricultural liming material registered
with the Commissioner, and shall annually pay to the Commissioner 3
registration fee of five dollars for each brand of agricultural liming mater-
ial with potash registered with the Commissioner, and the fee in each
instance shall accompany the said registration form. The funds arising
therefrom shall be paid into the State treasury to the credit of the general
fund of the Commonwealth.
§ 3.1-116. Issuance of certificate of compliance—The Commissioner,
upon receipt of the registration form properly filled out and the fee
aforesaid, shall issue a certificate stating that the manufacturer has com-
plied with the provisions of this chapter. The certificate, when furnished,
shal] authorize the party receiving the same to manufacture for sale
in this State, or sell in this State, directly or through dealers or agents,
the brands named in said certificate. :
§ 3.1-117. Penalty for failure to register or receive certificate—Any
person, who shall manufacture, sell or offer for sale any agricultural lim-
ing material, with or without potash, without having first registered each
brand of agricultural liming material and agricultural liming material
with potash manufactured, sold or offered for sale by him, as required
by §§ 3.1-107 to 3.1-112 and without having received the certificate, from
year to year annually, except dealers and agents selling or offering for
sale agricultural liming materials or agricultural liming materials with
potash, on which the certificate has been issued to the manufacturer as
hereinbefore provided, shall be deemed guilty of a misdeameanor and
punishable by a fine of not more than one hundred dollars.
§ 3.1-118. Seizure by Commissioner of nonconforming material.—The
Commissioner may cause to be seized and held any lot of agricultural lim-
ing material or agricultural liming material with potash found to violate
any of the provisions of this chapter until the law has been complied with
or said violation otherwise disposed of.
§ 3.1-119. Cancellation or failure to permit registration of material
with misleading trade marks or names.—The Commissioner shall have
the authority to cancel or revoke any registration, and to prohibit the
registration and sale of agricultural liming materials and agricultural
liming materials with potash, which have a misleading or deceptive trade
mark or brand name, or carry exaggerated claims, or contain materials
deleterious to soil or injurious to growing plants. In the event of the
cancellation of any registration for any of the reasons mentioned herein,
no refund of the registration fee shall be made by the Commissioner.
§ 3.1-120. Not to prevent sales between manufacturers, etc.—Nothing
in this chapter shall be construed to restrict and avoid the sale of any
agricultural liming materials, or agricultural liming materials with pot-
ash, to each other by manipulators, importers or manufacturers who
handle agricultural liming materials or agricultural liming materials with
potash for sale, or as preventing the free and unrestricted shipment of
materials to manufacturers or manipulators who have registered their
brands as required by the provisions of this chapter.
3.1-121. Tax tags.—All manufacturers, dealers or agents who have
registered brands of agricultural liming materials with potash in com-
pliance with this chapter shall secure from the Commissioner tax tags
upon the payment of twenty cents per ton as an inspection fee, one of
which tags of correct denomination shall be attached to each bag or pack-
age of liming material with potash. The presence of the tax tag on the
bag or package shall be prima facie evidence that the seller has complied
with the tax tag requirements of this chapter. In the case of shipments
in bulk of agricultural liming materials with potash, the seller shall, at
the time of each such shipment, forward to the Commissioner, for cancel-
lation tax tags in payment of the inspection fee of twenty cents per ton
on such bulk shipment. The tax tags to be furnished by the Commissioner
shall be the same as used for fertilizer and subject to the same rules
and conditions under which fertilizer tax tags are furnished. The
money received from the sale of such tax tags shall be paid into the State
treasury to the credit of the general fund.
§ 3.1-122. Commissioner charged with enforcement; adoption of
rules and tests—The Commissioner is hereby charged with the enforce-
ment and carrying out of the provisions of this chapter, and shall have
full control of the inspection and analysis of agricultural liming materials
and agricultural liming materials with potash. He shall, by and with the
approval of the Board, adopt all needful rules and regulations for carrying
out the requirements of this chapter, and is herein empowered to estab-
lish, by and with the approval of the Board, screen test standards for
the various agricultural liming materials and agricultural liming materials
with potash sold or offered for sale in this State, if and when such standards
are deemed to be necessary.
§ 3.1-123. Inspectors to collect samples; analysis and publication of
results.— The Commissioner shall require the inspectors of fertilizers to
collect fair samples of all brands of agricultural liming materials and
agricultural liming materials with potash offered for sale in this State,
and to perform such other duties as may be necessary. Such samples
shall be analyzed by a chemist of the Department of Agriculture and
Immigration of the State of Virginia and the results of such analysis,
along with any other information he may deem advisable, shall be pub-
lished in the bulletins along with the analysis of fertilizers. The inspectors
shall not receive any additional compensation for the performance of the
duties required by this section.
§ 8.1-124. Seller to furnish samples at request of purchaser.—Every
person who sells agricultural liming materials, or agricultural liming
materials with potash, shall, upon the request of the purchaser, draw a
fair sample of the same at the time of its delivery from unbroken pack-
ages in the presence of the purchaser or his agent, or, if the seller is not
present when the agricultural liming material or agricultural liming ma-
terial with potash is delivered to the purchaser, then any qualified justice
of the peace or notary public shall, in the presence of the purchaser or
his agent draw from the same a fair and correct sample. The justice of
the peace or notary public shall be entitled to receive a fee of twenty-five
cents for each such service, which fee shall be paid by the purchaser.
§ 3.1-125. Analysis of such samples.—The sample when drawn shall,
in the presence of both parties, be put in a glass or tin vessel and
securely sealed, and a certificate placed with it, signed by both parties,
certifying that the sample is a fair and correct one, and the vessel shall
then be packed and forwarded to the Commissioner. The Commissioner,
after having the sample analyzed, shall forward the analysis to the seller
and purchaser of the agricultural liming material or agricultural liming
material with potash. A certified copy of the analysis shall be admissible
AS prima facie evidence in any court of this State on the trial of any
proceedings involving the merits of such agricultural liming material or
agricultural liming material with potash.
§ 3.1-126. Assessment for deficiency.—If the analysis of any agri-
cultural liming material, or agricultural liming material with potash, ob-
tained in any of the hereinabove mentioned methods, shall fall as much
as or more than ten per centum in value below the value of the manu-
facturer’s guarantee, the Commissioner shall assess twice the value of
such deficiency against the manufacturer, dealer or agent who sold such
agricultural liming material or agricultural liming material with potash;
provided, that in the case of agricultural liming material with potash,
if such material is found to be deficient as much as or more than ten
per centum in both the liming and potash guarantees, the Commissioner
shall assess twice the value of the deficiency in both such liming material
and potash against the manufacturer, dealer or agent who sold such agri-
cultural liming material with potash.
The assessment shall be based upon the selling price of such agri-
cultural liming material, or agricultural liming material with potash, and
the Commissioner shall require the manufacturer, dealer or agent to make
good such assessment to all persons who purchased such lot of agricultural
liming material, or agricultural liming material with potash, from which
such deficient sample or samples were drawn. take receint therefor and
forward same promptly to the said Commissioner. If the purchaser or
purchasers cannot be found, the amount of such assessment shall be
paid to the Commissioner who shall deposit the same in the State treasury
and report to the State Comptroller, who shall credit the same to a special
fund. Such sums as shall thereafter be found to be payable to purchasers
of lots of agricultural liming materials or agricultural liming materials
with potash, against which such penalties were assessed, shall be paid
from the fund to the persons respectively entitled thereto, on warrants
of the Comptroller issued upon vouchers signed by the Commissioner, or
by such other person as may be designated by him for the purpose.
Any funds remaining in the fund for a period of two years and not claimed
shall be transferred by the Comptroller to the credit of the general fund.
The Commissioner may seize any agricultural liming material, or
agricultural liming material with potash, belonging to such manufacturer,
dealer or agent, if the assessment shall not be paid within three months
after notice to such manufacturer, dealer or agent has been given by the
Commissioner.
CHAP. 12
LIME GRINDING
§ 3.1-127. Convicts under control of Director of Department of Wel-
fare and Institutions.—Convicts employed at or in connection with any
State lime grinding plant established or continued in pursuance of this
chapter, shall be deemed to be in the custody of the Director of the
Department of Welfare and Institutions and subject to his control in
matters of discipline, care, feeding and clothing, and all transfers of
convicts from the State penitentiary or elsewhere to any State lime grind-
ing plant shall be upon the order of such Director issued upon requisitions
filed with him by the Board of Agriculture and Immigration; and such
Board shall not employ or retain any superintendent or any other em-
ployee having authority over such convicts at or in connection with any
State lime grinding plant unless such Director shall concur with the State
Board of Agriculture and Immigration that such superintendent or other
employee is fit for the trust.
§ 3.1-128. Operation of certain lime grinding plants and farm con-
tinued.—The Board of Agriculture and Immigration is hereby empowered
to continue the operation of the lime grinding plants in the counties of
Appomattox and Augusta; the Board may also continue the operation of
pl parm connected with the lime grinding plant operated in the county of
ugusta.
§ 3.1-129. Employment of convicts.—The Board may, at its discre-
tion, employ as many convicts as may be needed in quarrying and grinding
limestone, and in performing other duties connected therewith including
the farm referred to in § 3.1-128.
§ 3.1-130. Products to comply with Agricultural Lime Law.—The pro-
ducts manufactured by the Board under this chapter shall comply in all
respects with the requirements of the Agricultural Lime Law.
§ 3.1-131. Disposal of products and by-products.—The Board shall
dispose of the ground limestone, quarry by-products and farm products
on the open market; such disposition shall be done in such manner as will
best preserve the rights and interests of the general public.
§ 3.1-132. Establishment of prices——The Board shall establish prices
that will, in their judgment, defray the operation and maintenance costs,
and make allowances for depreciation.
§ 3.1-133. Engines, machinery and employees.—The Board is author-
ized to purchase and install necessary suitable engines, boilers, machinery
and appliances, having regard to durability and efficiency, for the quarry-
ing of the stone, handling of the shells or marl, for the crushing of the
stone and shells or marl, and for loading the ground products upon cars,
boats, wagons or other vehicles for transportation, and shall see to it that
competent and reliable men are placed in charge of the machinery.
§ 3.1-134. Plant in Bland County.—The Director of the Department
of Welfare and Institutions is authorized and empowered to acquire by
gift, purchase or lease suitable limestone lands or quarries in Bland County,
Virginia, to establish and operate a lime grinding plant for the employ-
ment of convicts, and to sell agricultural lime and by-products therefrom,
subject to all of the applicable provisions of this chapter; provided,
however, all proceeds derived from the sale of such lime and by-products
shall be retained by the Director as an operating fund for such lime
grinding plant.
CHAP. 13
TREE AND CROP PESTS
ARTICLE 1
Plant Pest Act
§ 8.1-135. Definitions.—The following definitions shall apply in the
interpretation and the enforcement of this article:
(1) “Agent” means any person soliciting orders for nursery stock as
distinguished from a nurseryman or dealer.
(2) “Board” means the Board of Agriculture and Immigration of
the State of Virginia.
(3) “Commissioner” means the Commissioner of Agriculture and
Immigration of the State of Virginia.
(4) “Dealer” means any person, firm or corporation, not a grower of
nursery stock, who buys, collects wild plants, or otherwise acquired nursery
stock for the purpose of reselling or distributing same. Each separate
location shall constitute a dealership.
(5) “Nursery” means any grounds or premises on or in which nursery
stock is being propagated or grown for sale or distribution, including
any grounds or premises on or in which nursery stock is being fumigated,
treated, packed or stored, or otherwise prepared or offered for sale or
movement to other localities.
(6) “Nursery stock” means all trees, shrubs, and woody vines, includ-
ing ornamentals, bush fruits, grapevines, fruit trees and nut trees, whether
cultivated, native or wild, and all buds, grafts, scions and cuttings from
such plants. It also shall mean such herbaceous plants, including straw-
berry plants, narcissus plants, and narcissus bulbs as the Board declares
by regulation to be so included whenever it considers control of the move-
ment of such plants or bulbs necessary to the control of any destructive
plant pest. Florists’ or greenhouse plants for inside culture or use, unless
so declared by the Board as herein authorized, shall not be considered
nursery stock, except that all woody plants, whether greenhouse or field
grown, if for outside planting are hereby defined as nursery stock.
(7) “Nurseryman” means any person engaged in the production of
nursery stock for sale or distribution.
(8) “Person” means any individual, partnership, corporation, com-
pany, society or association.
(9) “Plant pest” means any living stage of: Any insects, mites,
nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria,
fungi, other parasitic plants or reproductive parts thereof, viruses, or any
organisms similar to or allied with any of the foregoing, or any infectious
substances, which can directly or indirectly injure or cause disease or
damage in any plants or parts thereof, or any processed, manufactured or
other products of plants.
_ (10) “Plants and plant products” means trees, shrubs, vines, forage,
fiber and cereal, and all other plants; cuttings, grafts, scions, buds, and
all other parts of plants; and fruit, vegetables, roots, bulbs, seeds, wood,
lumber, and all other parts of plants and plant products.
§ 83.1-186. Duty of Commissioner generally.—It shall be the duty of
the Commissioner to exercise or perform the powers and duties imposed
upon him by this article. ;
8 3.1-137. Appointment of State Entomologist and Plant Pathologist.
—It shall be the duty of the Commissioner to appoint a competent person
as State Entomologist and Plant Pathologist, to be known as the State
Entomologist, and such assistants as may be necessary, who shall advise
and assist the Commissioner in carrying out the provisions of this article.
§ 3.1-138. Protection of interests of State against plant pests.—It
shall be the duty of the Commissioner to protect the agricultural, horticul-
tural, and other interests of the State from plant pests and, either in person
or by his assistants, supervise and direct the execution of this article and
rules and regulations adopted pursuant thereto.
§ 3.1-139. Abundance surveys; findings of Commissioner ; appeals to
Board.—The Commissioner through his assistants shall direct abundance
surveys for plant pests of a highly injurious nature that are known to
be present in the State to determine the necessity for establishing control
practices. When the Commissioner determines that a new and dangerous
plant pest exists within the State or that an established pest requires
control and the nature of the pest dictates immediate action, he shall
proceed with a plan of eradication or suppression.
In the event the Commissioner determines a plant pest does not
require immediate action, he shall report his findings, including the nature
of the pest and method of proposed treatment, to the Board in writing
and to the property owners or persons in charge of the property concerned
by printing of a copy thereof, at least once, in at least one newspaper of
general circulation in the locality concerned. ;
In case of objection to the findings of the Commissioner or his as-
sistants an appeal shall lie to the Board. Such appeal must be taken within
seven days from the published notice of such finding and shall act as a
stay of proceedings insofar as the property of the person noting the
appeal is concerned until it is heard and decided.
§ 3.1-140. Rules and regulations of Board for eradication, etc., of.
plant pests; penalties; injunctions—The Board may provide rules and
regulations under which the Commissioner shall proceed to eradicate or
suppress and prevent the dissemination of plant pests as far as may be
practical, and such rules and regulations as are necessary to carry out
the purposes of this article, and these rules and regulations shall have
the full force and effect of law so far as they conform to this article and
the general laws of this State and of the United States. Any person who
fails or refuses to comply with the orders or directions contained in the
regulations provided by the Board, shall, upon conviction thereof, be guilty
of a misdemeanor and shall be fined not less than ten dollars nor more
than one hundred dollars. In addition to the penalties provided, such
person may be enjoined from continuing such violation.
§ 3.1-141. Quarantine rules and regulations; rules and regulations as
to movement of nursery stock.—The Board shall have power to prescribe
and, after public hearing following due public notice, adopt quarantine
rules and regulations concerning the planting, exposing, sale and trans-
portation of all plants or plant products liable to carry plant pests of a
highly injurious nature in any living stage within this State. The Board
shall also have power to prescribe, in a similar manner, like rules and
regulations pertaining to all plants or plant products entering this State
from without. The Board also shall have the power to rescind quarantine
rules and regulations, by public notice, when it determines the need or
practicability no longer exists. These rules and regulations shall be en-
forced by the Commissioner or his duly authorized assistants, and the
oner shall direct the execution of any regulations made under
this article. The Board may further provide rules and regulations govern-
ing the movement of nursery stock, including soil, packing material or any
other substance or article, to and from nurseries as it may deem n
in the eradication, control, or prevention of the dissemination of plant
pests of a highly injurious nature. ;
§ 3.1-142. Judicial review of action of Commissioner or assistants.
—Judicial review of any action, decision, directive or other order made
by the Commissioner or his assistants may be had within ten days after
a notice thereof is mailed, or, in the absence of mailing within ten days
after the delivery thereof to the person affected by such action, decision,
directive or order, in any court not of record in the county or city where
the person to whom such action, decision, directive or other order resides,
or if he be a nonresident of this State, in the county or city where the
land, or any part thereof, is located.
The filing of such notice by the recipient thereof in such court shall
be deemed to be an appeal from the ruling of the Commissioner or his
assistant, and shall be placed on the docket of such court without the re-
uirement of any court costs or fees of any nature whatsoever. Upon
the filing of such notice it shall be the duty of the clerk of such court to
notify the Commissioner of the filing of such notice.
Any party to such proceedings shall have the right to appeal from the
decision of such court without being required to furnish costs or surety.
§ 3.1-143. Certificate of registration required of nurserymen, dealers
or agents to sell, etc., nursery stock.—It shall be unlawful for any nursery-
man, dealer, or agent, either for himself or as agent for another, to offer
for sale, sell, deliver, or give away, within the bounds of this State, any
plants or parts of plants commonly known as nursery stock unless such
person shall have first procured from the Commissioner a certificate of
registration. Provided, however, that any duly licensed Virginia mer-
chant buying plants or nursery stock from only Virginia certified nursery-
men, dealers or agents as defined in this article shall not be required to
procure a certificate of registration. The Commissioner shall have full
power, and is hereby authorized, to refuse, suspend or cancel any certificate
upon satisfactory evidence that any of the provisions of this article or
rules and regulations governing the sale of nursery stock within this State
have been violated by the holder of the same. The Commissioner shall not
issue any certificate of registration except upon the payment of ten dollars
for each nurseryman, two dollars for each dealer and one dollar for each
agent of such nurseryman or dealer. There shall be no abatement in
the annual fee of ten dollars to be paid for the certificate of registration
for nurserymen or the two dollars for dealers nor shall there be any
abatement in the sum of one dollar for each agent. All certificates of
registration or licenses shall expire on the thirty-first day of December
of the year for which issued.
§ 3.1-144. Inspection of nurseries; orders of Commissioners as to
eradication or control of infestation.—It shall be the duty of the Commis-
sioner through his assistants to provide for the annual inspection, or oftener
if necessary, of all plant nurseries within the State. The Commissioner
shall certify the relative freedom of injurious plant pests when issuing
a certificate of registration or license to the owners of all such nurseries
found entitled to receive it. All stock in custody of any dealer or person
shall be subject to inspection at any time.
_ . The Commissioner may order the owner or person in charge of any
infested nursery stock, or other material, article, or host plants, including
soil, to take such measures to eradicate or control the said infestation or
infection as he may deem necessary or proper. Such owner or person in
charge shall promptly carry out the order of the Commissioner or his
assistants within the period of time designated in the order. If such
owner or person in charge shall refuse or neglect to carry out any such
order, the Commissioner may apply such eradication or control measures
as are required by the order.
§ 3.1-145. Nursery stock brought into State to carry inspection certi-
ficate.—It shall be unlawful to deliver, knowingly transport or ship within
this State. plants or parts of plants commonly known as nursery stock
which have not been duly inspected in accordance with the provisions
of this article and which do not carry plainly attached to each carload,
truckload, box, bale, or package, an inspection certificate, or to deliver,
ship, send or knowingly bring any such nursery stock into this State
from any place outside thereof unless there is attached to each carload,
truckload, box, bale or package, in a conspicuous place, a valid certificate
of inspection issued by the proper official of the state, territory, district
or county from which it was shipped, sent or brought showing that such
nursery stock, including soil, was found to be free from plant pests.
Nursery stock brought into the State under an inspection certificate,
as above required, may be sold and moved under the certificate of a regis-
tered Virginia nurseryman or dealer or agent, but this shall not preclude
inspection at any time within the State.
3.1-146. Infected or infested nursery stock, articles or materials
subject to seizure, etc.—The Commissioner, in order to prevent the intro-
duction or dissemination of dangerous plant pests, is hereby authorized,
either by himself or by his duly appointed agents, to stop delivery, destroy,
stop sale, to seize, to treat or to order returned to point of origin, at the
owner’s expense, any nursery stock or any article or material whatsoever
transported or moved within this State or brought into this State from any
place outside thereof, if such nursery stock, article or material is found
by him or his duly authorized agents to be infested or infected with any
dangerous plant pest whether or not there is attached a valid certificate
of inspection.
§ 3.1-147. Commissioner may inspect plants, etc., on request.—Any
person growing or possessing any plants or plant products or other sub-
stance or thing may have such inspected by applying to the Commissioner
for a special inspection with reference to the presence of plant pests
liable to prevent the movement or use of same, agreeing in the application
to pay the expenses incurred in making the inspection, and upon receipt of
such application and agreement, or as soon thereafter as may be con-
veniently practicable, the Commissioner may comply with such request,
and upon receipt of the expenses of the inspection shall issue to the
applicant a certificate showing the conditions found. )
§ 3.1-148. Permit required to sell, transport, etc., plant pests—No
person shall sell, barter, offer for sale, or move, transport, deliver, ship
or offer for shipment into or within this State any plant pests in any
living stage without first obtaining a permit from the Commissioner. Such
permit shall be issued only after it has been determined that the plant
pests are not injurious, are generally present already, or are for scientific
purposes subject to specified safeguards. :
§ 3.1-149. Disposition of moneys collected.—The Commissioner shall
promptly pay all moneys collected by him into the State treasury to the
credit of the general fund.
§ 3.1-150. Information to be furnished and inspection allowed upon
demand of Commissioner.—The Commissioner or his assistants may de-
mand of any person who has plants or plant products or articles or sub-
stances suspected of being infested with dangerous pests in his possession
to present same for inspection and to give full information as to the
origin, number and destination of same, and it shall be a misdemeanor
for such person to refuse to give the information demanded or allow
on. : ,
§ 8.1-151. Authority vested in Commissioner may be exercised by
employees of Department.—All authority vested in the Commissioner by
virtue of the provisions of this article may with like force and effect be
executed by such employees of the Department of Agriculture and Im-
migration as the Commissioner may, from time to time, designate for
such purpose.
§ 3.1-152. Right of entry on premises; when notice required; penalty
for obstruction.—The Commissioner and his assistants are hereby invested
with authority to enter upon any premises other than a building occupied
as a residence, at reasonable times and under reasonable circumstances in
company with the owner or agent of said owner, to examine all plants
and trees, soil, articles, substances which are suspected of being infested
or infected with dangerous pests in discharge of the duties prescribed by
this article. Provided further that whenever the Commissioner or his
agents intend to go upon any such premises for the purpose of eradicating
or suppressing pests, or for the purposes of treating or destroying plants
or nursery stock because of disease or pest infestation, said Commissioner
or his agents shall before entering upon any such premises, give a written
notice to the owner or occupant thereof at least twenty-four hours prior
to such entry, setting forth in detail the purpose or purposes for which
such entry shall be made. Any person who shall obstruct or hinder them
in the discharge of their duty shall be guilty of a misdemeanor and shall
be fined not less than ten dollars nor more than one hundred dollars.
§ 83.1-153. Penalty for violation of article, rules and regulations;
prosecutions.—Any person violating any of the provisions of this article, or
the rules and regulations adopted thereunder, shall be deemed guilty of a
misdemeanor and shall be fined not less than ten dollars nor more than
one hundred dollars.
When the Commissioner shall find that any person has violated any
of the provisions of this article, he or his duly authorized agent or agents
may institute proceedings in a court of competent jurisdiction in the
county or city in which the violation occurred to have such person con-
victed therefor; or the Commissioner may file with the Commonwealth’s
attorney of such county or city with the view of prosecution such evidence
as may be deemed necessary; provided, however, that the defendant may
be given an opportunity to appear before the Commissioner or his duly
authorized agent to introduce evidence, either in person or by agent or
attorney, at a private hearing. If after such hearing, or without such
hearing, the Commissioner is of the opinion that the evidence warrants
prosecution, he shall proceed as herein provided.
It shall be the duty of the Commonwealth’s attorney of the county or
city in which the violation occurred to institute proceedings at once against
the person charged with such violation.
3.1-154. Reciprocal agreements with officers of other states.—The
Commissioner may enter into reciprocal agreements with the responsible
officers of other states under which nursery stock owned by nurserymen
or dealers of such states may be sold or delivered in this State without
the payment of a Virginia registration fee, provided like privileges are
accorded to Virginia nurserymen or dealers by such other states.
§ 3.1-155. Title 9, Chapter 1.1 to control over provisions of article.—
If it should be determined that any conflict or ambiguity exists as be-
tween any provision of this article and any provision of Chapter 1.1 (§ 9-6.1
et seq.) of Title 9 of this Code, effect shall be given to the provision of
Chapter 1.1 of Title 9.
p § 3.1-156. Short title—This article shall be known as the Plant
es
t Act.
§ 3.1-157. Construction of article; powers and duties of Department
of Conservation and Economic Development not affected.—Nothing con-
tained in this article shall be construed as applying to any insect infesta-
tion and diseases of forest trees or to in any manner interfere with or
diminish the powers and duties placed in the Department of Conservation
and Economic Development under the provisions of Chapter 4 (§ 10-32
et seq.), Title 10 of the Code of Virginia, 1950, as amended.
Article 2
Cedar Rust
§ 3.1-158. Trees within three miles of orchard declared a nuisance.
—It shall be unlawful within this State for any person, firm or corpora-
tion to own, plant, or keep alive and standing upon his or its premises,
any red cedar tree which may be the source, harbor or host plant for the
communicable plant disease commonly known as “orange” or “cedar rust”
of the apple. Any such cedar trees, when growing within a radius of three
miles of any apple orchard in this State, are hereby declared a public
nuisance and shall be destroyed as hereinafter provided. It shall be the
duty of the owner of any such cedar trees to destroy the same as soon
as he is directed to do so by the Commissioner of Agriculture and Im-
migration, as hereinafter provided.
§ 3.1-159. Investigations by Commissioner.—In any county in this
State where the above-mentioned disease exists, or there is reason to
believe it exists, it shall be the duty of the Commissioner, in person or
by an assistant, upon the request in writing of ten or more reputable free-
holders of any county or magisterial district, to make a preliminary in-
vestigation of the locality from which the request is received, to ascertain
if any cedar trees in such locality are the source of, harbor or constitute
the host plant for the disease known as “orange” or “cedar rust” of the
apple, and constitute a menace to the health of any apple orchard in such
locality, and to determine that such cedar trees exist within a radius
of three miles of any apple orchard in such locality.
§ 3.1-160. Notice to owner to destroy trees.—If upon such preliminary
investigation of the localities from which the request is received it shall
appear that there are cedar trees which constitute the source, harbor or
host plant of such disease, and that such cedar trees exist within a radius
of three miles of any orchard or orchards in such locality and constitute
a menace to the health of such apple orchard or orchards, the Commis-
sioner or his assistant, shall give notice in writing to the owner of such
cedar trees to destroy the same. The notice shall contain a brief state-
ment of the fact found to exist whereby it is deemed necessary or proper
to destroy such cedar trees and call attention to the law under which it is
proposed to destroy such cedar trees. The owner shall within such time
as may be prescribed in such notice by the Commissioner cut down and
destroy such cedar trees.
§ 3.1-161. Treatment to render trees harmless.—If, however, in the
judgment of the Commissioner it is practical to treat any such cedar
trees, especially ornamental trees in dooryards, graveyards, cemeteries and
parks, which have been declared to constitute a menace to any apple
orchard in the locality, in such a way as to render them harmless, he may
direct such treatment to be carried out by the owner under the direction
of any agent he may appoint for that purpose. Such directions for the
treatment shall be put in writing by the Commissioner and a copy placed
in the hands of the owner. Any owner undertaking to so treat his trees
and refusing or failing to carry out such written directions shall be guilty
of a misdemeanor and upon conviction thereof shall be fined not less than
five dollars nor more than fifty dollars.
§ 8.1-162. Upon whom notice served.—The notice required under
§§ 3.1-160 and 3.1-163 may be served upon the owner of the trees if a
resident of the State in the manner prescribed by §§ 8-51 to 8-53, or if such
owner be not a resident of this State, by serving a copy of such notice
upon his tenant or other person having charge of the premises. .
-. § 83.1-163. Commissioner to destroy on refusal of owner.—Whenever
the owner of such cedar trees refuses or neglects to cut down or destroy
the same within the time specified in the notice given by the Commis-
sioner as prescribed by § 38.1-160, it shall be the duty of the Commissioner
to cause such trees to be at once cut down or destroyed and the necessary
expense thereof shall be paid by his warrant on the county treasurer to
be paid out of the general funds of the county and to be reimbursed as
provided in § 3.1-168. |
— § 3.1-164. Removal of sprouts.—On petition of ten or more reputable
freeholders in any county or magisterial district in which this law has
been made operative as provided in § 3.1-169, the Commissioner may ar-
range for the removal of cedar sprouts on land from which the cedars have
already been removed, the necessary expense thereof being paid by his
warrant on the county treasurer as provided in § 3.1-163 without the
formality of serving a legal notice on the owner of the land.
§ 8.1-165. Right of entry.—The Commissioner, his assistant or em-
ployees are empowered with authority to enter upon any public or private
premises for the purpose of carrying out the provisions of this article.
§ 3.1-166. Obstructing or hindering Commissioner.—Any person or
persons who shall obstruct or hinder the Commissioner, his assistants or
employees in the discharge of their duties under this article shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined
not less than five dollars nor more than fifty dollars.
§ 3.1-167. Appeal from order of Commissioner; damages paid by
county treasurer.—Any owner finding objection to the order of the Com-
missioner in requiring him to destroy his cedar trees may appeal from
such order to the circuit court of the county in which the trees are lo-
cated, but such appeal must be taken within fifteen days from the date
upon which the notice to destroy the same is served upon him. Notice
in writing of the appeal must be filed with the clerk of the court who
shall forthwith transmit a copy thereof to the Commissioner. The filing
of the notice shall act as a stay of the proceedings of the Commissioner
until it is heard and decided. The court in regular or special session shall
thereupon hear the objections, and is authorized to pass upon all questions
involved, and determine the amount of damages, if any, which will be
incurred by the owner in case such trees are destroyed, and the costs
incurred or to be incurred in cutting down trees under § 3.1-160. If the
court should find any damages or such expense sustained, it shall order
the amount so ascertained to be paid to the owner by the treasurer of
the county out of the general fund of the county, and such order shall be
entered by the clerk in the law order book of the court.
§ 3.1-168. Levy upon apple orchards to reimburse county.—When-
ever the court orders any damages paid out of the general fund of the
county under the preceding section, or the county treasurer makes any
payment out of the general fund of the county under §§ 3.1-163 or 3.1-164,
the county fund shall be reimbursed by a specific levy of not exceeding
one dollar and fifty cents per acre on all apple orchards planted ten years
or more, and not exceeding fifty cents per acre on all orchards planted
more than two years and less than ten years, in each magisterial district
in which this law shall have become operative as hereinafter provided,
but in the county of Shenandoah, the county fund may be reimbursed
by a specific levy of not exceeding three dollars per acre on all orchards
planted ten years or more, and not exceeding one dollar and fifty cents per
acre on all orchards planted more than two years and less than ten years
in each magisterial district in which this law shall become operative as
hereinafter provided. If a single levy does not provide a sufficient fund to
reimburse the county fund for the amounts paid out the levy mav be re-
peated from time to time until the county fund is fully restored, but not
more than one levy shall be made in any one year in the same district.
The court awarding damages shall direct the commissioner of the revenue
for the district or districts in which the law has become operative, to report
at the next annual assessment the names of all owners of apple orchards
over two years old and less than ten years old, and all owners of apple
orchards over ten years old, in such district or districts, together with the
number of acres owned by each person.
The court shall thereupon fix such specific amount per acre to be paid
by each owner as will in the aggregate net the amount necessary to reim-
burse the county fund for all damages, and costs previously paid out under
the provisions thereof.
The court shall enter an order directing each owner to pay his re-
spective portion so ascertained to the county treasurer, and such order
shall have the force and effect of a judgment of the court. If the amounts
are not paid within thirty days from the date of the order the county
treasurer shall proceed to collect the same as taxes are collected. All
damages awarded and assessments made therefor shall be by magisterial
districts, each district bearing its own expenses in the enforcement of this
article. Any orchard owner who is aggrieved by an erroneous levy or as-
sessment made against him under this section, may apply by motion for
relief against the same at the court that ordered the levy, at any time
within twelve months after the date of the order ascertaining the amount
to be paid by the several owners and directing payment; and if the court is
satisfied that the applicant is erroneously assessed in such levy, either in
whole or in part, it shall correct the same, directing that the applicant be
exonerated from so much as is erroneously charged against him, if it is not
already paid, and if paid that it be refunded to him.
Such motion shall be after five days’ notice to the attorney for the
Commonwealth, who shall represent the county at the hearing.
The amount fixed by the court upon orchards planted more than
two and less than ten years shall be one-half the amount fixed by the
court as a charge upon orchards planted ten years or more.
§ 3.1-169. How article put in force in counties and magisterial dis-
tricts.—This article shall not be in force in any county or in any magis-
terial district of any county until the governing body thereof shall by a
recorded vote accept and adopt the same for their county or magisterial
district in their county, and such acceptance and adoption shall not make
the same operative unless the circuit court of such county by an order
duly entered shall ratify and approve the action of the governing body.
In the event the governing body of any county neglect or refuse to
accept and adopt the same for their county, or for any magisterial dis-
trict of their county, then the majority of the qualified voters of such
county or any magisterial district of such county, may request its adoption
by petition addressed to the circuit court of the county, and when it ap-
pears from such petition that a majority of the qualified voters of such
county or any magisterial district of such county request the adoption of
this article, then the court shall declare the same adopted for such county,
or for any magisterial district in such county, requesting its adoption.
Article 3
Dutch Elm Disease
§ 3.1-170. Trees affected declared public nuisance.—It is unlawful
for the owner of any land in this State to knowingly have or permit to
grow or remain thereon any tree affected with Dutch elm disease, Cera-
tostomella ulmi, which is hereby declared to be a public nuisance, and
when such trees are known to exist it is the duty of the owner thereof to
destroy or to treat them for the eradication of the disease, as directed by
the Commissioner.
§ 8.1-171. Inspection and notice to owner.—Whenever the Commis-
sioner knows of the existence of this disease, or has reason to suspect it,
he shall cause to be made by the State Entomologist or his assistants an
inspection of the suspected trees, and if the disease be found to exist the
Commissioner shall at once give notice in writing to the owner or owners
of the land on which a diseased tree or trees or parts of such trees are
found, giving the number and location thereof and how marked, and or-
dering their destruction, or giving the owner or owners such other instruc-
tions and orders with regard thereto, as he deems proper for eradication
of the disease. In the order he shall fix a reasonable time, not less than
ten days from the service thereof, on or before which the order must be
obeyed, but he may in his discretion extend the time, for good cause shown.
§ 3.1-172. Appeal from decision of Commissioner condemning
trees.— Any person feeling that his trees have been condemned without
sufficient evidence may appeal from the decision of the Commissioner,
in which event he shall serve notice of his appeal on the Commissioner
within ten days after receiving notice of the condemnation. The Com-
missioner on receiving the notice shall at once report it to the circuit
court of the county, or the circuit or corporation court of any city or
town, in which the diseased trees are located, or the judge of any such
court in vacation, and the court or judge shall immediately enter an
order appointing two inspectors to act with the Commissioner and State
Entomologist and examine the trees. This joint commission shall meet
and act within thirty days after the entry of the order appointing the
Inspectors, and shall forthwith report to the court or judge in vacation
their finding as to the existence of the disease.
If the report be negative as to the existence of the disease the matter
shall be dismissed, but if it be otherwise, the court or judge in vacation
shall set as early a date as practicable for a hearing and notice thereof
shall be given the Commissioner and the owner of the trees. At the
hearing the testimony of competent witnesses, including the members of
the commission making the report, may be introduced, and the court
or Judge in vacation shall enter such order as to the confirmation or
rejection of the report, and the Commissioner’s order of condemnation as
is deemed proper.
§ 3.1-173. Entry upon premises by State Entomologist.—For the
purposes of inspecting, treating, destroying or removing the diseased
trees or parts of trees the State Entomologist and his assistants are au-
thorized and empowered to enter upon the lands on which the trees or
parts of trees under inspection are found or thought to be located, and
if found, to order the owner or owners to treat them in such manner as
to eradicate the disease or to destroy them as authorized in § 3.1-171.
§ 3.1-174. Commissioner to act when owner fails to destroy or treat
trees.—If the owner of trees affected with the Dutch elm disease fail or
refuse to destroy or to treat such trees as ordered or to file an appeal
as provided in § 3.1-172, the Commissioner may proceed to treat or to
destroy such trees and shall submit to the owner a bill for the necessary
expenses thereof, or such portion of the expenses as he deems proper, a8
soon as they are ascertained, and if they are not paid within thirty days
after bill is submitted he may proceed in the name of the Commonwealth
to collect the amount by proceeding before a trial justice or other court
of competent jurisdiction, in the same manner in which debts of like
amount are now recoverable. Any money so recovered shall be paid into
the State treasury.
§ 3.1-175. Penalty for interfering with or hindering officers.—Any
person who interferes with or hinders the Commissioner, the State En-
tomologist or other person in the discharge of their duties under this
article shall be guilty of a misdemeanor, and upon conviction thereof
shall be fined not less than twenty-five dollars nor more than one hundred
dollars or imprisoned not less than ten days nor more than thirty days or
both, in the discretion of the trial justice or other tribunal in which the
case is tried.
§ 3.1-176. Penalty for failing to obey orders of officer.—Any owner
who fails to obey the orders of the officer given under authority of this
article within ten days after receipt thereof, unless he appeals from the
order, shall be guilty of a misdemeanor, and upon conviction shall be
fined five dollars for each day of such failure in excess of twenty-one
days after receipt of the order, or legal service thereof on the owner, or
his agent in charge of the land, or may be imprisoned not less than ten
days nor more than thirty days, or both fined and imprisoned in the
discretion of the trial justice or other tribunal in which the case is tried.
No fine imposed under this section shall exceed twenty-five dollars for a
first offense nor fifty dollars for a second offense.
Article 4
Musk Thistle
§ 8.1-177. Definition.—The words “musk thistle” when used in this
article means, the weed designated as Carduus nutans L., a bienniel weed
of the Compositae family.
§ 3.1-178. Declared a nuisance; duty of landowner to destroy.—It shall
be unlawful for any person, firm or corporation or governmental unit to
allow within this State the continuing growth of musk thistle upon his
or its premises. Any such musk thistle, when growing in this State, is
hereby declared a public nuisance and a noxious weed, harmful to plant
and grass growth and to pastures, and shall be destroyed as hereinafter
provided. It shall be the duty of the owner of any lands upon which
there is a growth of musk thistle to destroy the same as soon as he is
directed to do so by the Commissioner of Agriculture and Immigration,
his assistants or employees, as hereinafter provided.
§ 3.1-179. Investigations by Commissioner.—In any county in this
State where the above-mentioned weed grows, or there is reason to believe
its growth is spreading, the Commissioner, in person or by his assistants
or employees, upon the request in writing of ten or more reputable free-
holders of any county or magisterial district, shall make a preliminary in-
vestigation of the area from which the request is received, to ascertain
if there is growth of such weed in the pasture lands and cultivated or
uncultivated fields in that area.
§ 3.1-180. Notice to landowner to destroy.—If upon such prelimi-
nary investigation of the area from which the request is received it appears
that there is such an infestation of lands in the localities by musk thistle
as to constitute a menace to the pasture lands and cultivated or uncul-
tivated fields in the localities, the Commissioner or his assistants or em-
ployees shall give notice in writing to the owner or owners of such lands
to destroy all musk thistle growing thereon. The notice shall contain a
brief statement of the fact found to exist whereby it is deemed necessary
or proper to destroy such musk thistle and call attention to this law under
which it is proposed to destroy such musk thistle. The owner shall within
such time as may be prescribed in such notice by the Commissioner or his
assistants or employees destroy all such musk thistle growing on his land.
§ 3.1-181. Directions for destruction.—Directions for the recom-
mended method of destruction of musk thistle shall be put in writing by
the Commissioner or his assistants or employees and a copy placed in
the hands of the owner.
§ 3.1-182. Service of notice; notice by publication—The notice re-
quired under §§ 3.1-180 and 3.1-183 may be served upon the owner if a
resident of the State in the manner prescribed by § 8-51, or if such
owner be not a resident of this State, by serving a copy of such notice upon
his tenant or other person having charge of the premises. If the owner is
a nonresident or cannot be served, and does not have a tenant or other
person in charge of his land, then notice may be given by publication in a
newspaper having general circulation in the county where the land lies,
for two times at least one week apart.
§ 3.1-183. Destruction by Commissioner upon owner’s refusal; pay-
ment of costs.—Whenever the owner refuses or neglects to destroy the
musk thistle on his land within the time specified in the notice given by
the Commissioner as prescribed by § 3.1-180, or after due publication,
the Commissioner shall cause such musk thistle to be at once destroyed
and the necessary expense thereof shall be paid by his warrant on the
county treasurer to be paid out of the general funds of the county and
to be reimbursed as provided in § 3.1-187.
§ 3.1-184. Right of entry.—The Commissioner, his assistants or em-
ployees are empowered with authority to enter upon any public or private
premises for the purpose of carrying out the provisions of this article.
3.1-185. Obstructing or hindering Commissioner or employees.—
Any person or persons who shall obstruct or hinder the Commissioner,
his assistants or employees in the discharge of their duties under this
article shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined not less than five dollars nor more than fifty dollars.
§ 3.1-186. Appeal from order of Commissioner; notice; damages.—
Any owner who has reason to believe that he may be damaged by the
requirement of the Commissioner that he destroy all musk thistle on his
land may appeal from such order to the circuit court of the county in
which the land is located, but such appeal must be taken within fifteen
days from the date upon which the notice to destroy the musk thistle is
served upon him. Notice in writing of the appeal must be filed with the
clerk of the court who shall forthwith transmit a copy thereof to the
Commissioner. The filing of the notice shall act as a stay of the proceedings
of the Commissioner until the appeal is heard and decided. The court shall
thereupon hear the evidence, and pass upon all questions involved, and
determine if the landowner will be damaged in case such musk thistle are
destroyed by him or under the direction of the Commissioner. If the
court should find any damages, it shall order the amount so determined to
be paid to the owner by the treasurer of the county out of the general
fund of the county, less such amount expended by the Commissioner if
the owner refused to destroy the musk thistle; and such order shall be
entered by the clerk in the law order book of the court.
§ 3.1-187. Collection from landowner of expenses incurred by Com-
missioner in destroying or removing; lien.—Whenever any sums are paid
out by the county treasurer under the provisions of § 3.1-183, or any other
provision of this article, the treasurer shall immediately render unto the
owner of such land, his tenant or agent, as the case may be, a statement
of the expenses incurred by the Commissioner, and paid by the county
for the destroying and removing of musk thistle from such lands; and if
the owner fails to pay such statement, the treasurer shall proceed against
the owner under the methods allowed by law for the collection of county
taxes, and shall reduce such claim to a judgment; and in addition thereto,
if collection is not made on the judgment by the time tax statements are
made up, such unpaid bill shall be placed upon the tax statement of the
owner so delinquent, and collected as taxes are collected. Unpaid sums
ss i aati a lien upon property the same as other taxes upon
estate.
§ 3.1-188. How article put in force in counties and magisterial dis-
tricts.—This article shall not be in force in any county or in any magis-
terial district of any county until the governing body thereof shall by a
recorded vote accept and adopt the same for their county or magisterial
district in their county.
In the event the governing body of any county neglect or refuse to
accept and adopt the same for their county, or for any magisterial district
of their county, as the case may be, then the majority of the qualified
voters of such county or any magisterial district of such county, may
request its adoption by petition addressed to the circuit court of the
county, and when it appears from such petition that a majority of the
qualified voters of such county or any magisterial district of such county
request the adoption of this article, then the court shall declare the same
adopted for such county, or for any magisterial district in such county,
requesting its adoption.
CHAP. 14
INSECTICIDES, FUNGICIDES AND RODENTICIDES
icle
Title, Definitions and General Consideration
§ 3.1-189. Title .—This chapter shall be known as the Virginia In-
secticide, Fungicide and Rodenticide Law.
§ 3. 1-190. Definitions generally.—For the purposes of this chapter
the terms defined in §§ 3.1-191 to 3.1-213, shall have the meanings
therein ascribed to them.
§ 3.1-191. Adulterated.—The term “adulterated” shall apply to any
economic poison if its strength or purity falls below the professed stand-
ard or quality as expressed on labeling or under which it is sold, or
if any substance has been substituted wholly or in part for the article, or
if any valuable constituent of the article has been wholly, or in part, ab-
stracted.
§ 3.1-192. Antidote.—The term “antidote” means the most practical
immediate treatment in case of poisoning and includes first aid treatment.
§ 3.1-193. Board of Agriculture; Board.—The term “Board of Agri-
culture” or “Board” means the Board of Agriculture and Immigration.
§ 3.1-194. Commissioner.—The term “Commissioner” means the
Commissioner of Agriculture and Immigration.
§ 3.1-195. Defoliant—The term “defoliant” means any substance
or mixture of substances intended for causing the leaves or foliage to drop
from a plant, with or without causing abscission.
§ 3.1-196. Desiccant.—The term “desiccant” means any substance
or mixture of substances intended for artificially accelerating the drying
of plant tissue.
§ 3.1-197. Device.—The term “device” means any instrument or
contrivance intended for trapping, destroying, repelling, or mitigating
insects or rodents or destroying, repelling, or mitigating fungi, bacteria,
or weeds, or such other pests as may be designated by the Commissioner,
but not including simple, mechanical devices such as rat traps, or equip-
ment used for the application of economic poisons when sold separately
therefrom.
§ 3.1-198. Economic poison.—The term “economic poison’? means:
(1) Any substance or mixture of substances intended for preventing, de-
stroying, repelling, or mitigating any insects, rodents, fungi, bacteria,
weeds, or other forms of plant or animal life or viruses (except viruses
on or in living man or other animals) which the Commissioner shall de-
clare to be a pest, and (2) any substance or mixture of substances in-
tended for use as a plant regulator, defoliant, or desiccant.
§ 3.1-199. Fungi—The term “fungi” means all non-chlorophyll-
bearing thallophytes (that is, all non-chlorophyll-bearing plants of a lower
order than mosses and liverworts) as, for example, rusts, smuts, mildews,
molds, yeasts, bacteria, and viruses, except those on or in living man or
other animals.
§ 3.1-200. Fungicide.—The term “fungicide” means any substance
or mixture of substances intended for preventing, destroying, repelling or
mitigating any fungi, or plant disease.
§ 8.1-201. Herbicide.—The term “herbicide” means any substance
or mixture of substances intended for preventing, destroying, repelling,
or mitigating any weed.
§ 3.1-202. Ingredient.—The term “‘active ingredient” means:
(1) In the case of an economic poison other than a plant regulator,
defoliant or desiccant, an ingredient which will prevent, destroy, repel
or mitigate insects, fungi, rodents, weeds, or other pests ;
(2) In the case of a plant regulator, an ingredient which, through
physiological action, will accelerate or retard the rate of growth or rate
of maturation or otherwise alter the behavior of ornamental or crop
plants or the produce thereof ;
(3) In the case of a defoliant, an ingredient which will cause the
leaves or foliage to drop from a plant;
In the case of a desiccant, an ingredient which will artificially
accelerate the drying of plant tissue.
The term “inert ingredient” means an ingredient which is not an
active ingredient.
§ 3.1-203. Ingredient statement; guaranteed analysis statement.—
The term “ingredient statement” or “guaranteed analysis statement”
means either (1) a statement of the name and percentage of each active
ingredient, together with the total percentage of the inert ingredients,
in the economic poison; and, in addition, in case the economic poison
contains arsenic in any form, a statement of the percentages of total
and water soluble arsenic; or (2) a statement of the name of each active
ingredient in the descending order of percentages, together with the name
of each and total percentage of the inert ingredients, if any there be, in the
economic poison (except option one shall apply if the preparation is highly
toxic to man, determined as provided in § 3.1-214), each stated as elemental
(metallic) arsenic.
§ 3.1-204. Insect.—The term “insect”? means any of the numerous
small invertebrate animals generally having the body more or less ob-
viously segmented, for the most part belonging to the class Insecta, com-
prising sixlegged, usually winged forms, as, for example, beetles, bugs,
bees, flies, and to other allied classes of arthropods whose members are
wingless and usually have more than six legs, as, for example, spiders,
mites, ticks, centipedes, and wood lice, also nematodes and other worms,
or any other invertebrates which are destructive, constitute a liability, and
may be classed as pests.
§ 3.1-205. Insecticide.—The term “insecticide’’ means any substance
or mixture of substances intended for preventing, destroying, repelling or
mitigating any insects which may be present in any environment what-
soever.
§ 3.1-206. Label.—The term “label”? means the written, printed or
graphic matter on, or attached to, the economic poison or device, or the
immediate container thereof, and the outside container or wrapper of the
retail package, if any there be, of the economic poison or device.
§ 3.1-207. Labeling.—The term “labeling” means all labels and other
written, printed, or graphic matter—
(a) Upon the economic poison or device or any of its containers or
wrappers;
(b) Accompanying the economic poison or device at any time;
(c) To which reference is made on the label or in literature accom-
panying the economic poison or device, except when accurate, non-
misleading reference is made to current official publications of the agri-
cultural experiment station, the Virginia Polytechnic Institute, the De-
partment of Agriculture and Immigration, the State Board of Health, or
similar federal institutions or other official agencies of this State or other
states when such agencies are authorized by law to conduct research in
the field of economic poisons.
§ 3.1-208. Misbranded.—The term “misbranded” shall apply to any
economic poison or device:
(a) If its labeling bears any statement, design, or graphic represen-
tation relative thereto or to its ingredients which is false or misleading
in any particular;
(b) If it is an imitation of or is offered for sale under the name of
another economic poison ;
(c) If its labeling bears any reference to registration under this
ter ; |
(d) If the labeling accompanying it does not contain directions for
use which are necessary and, if complied with, adequate for the protection
of the public; ,
(e) If the label does not contain a warning or caution statement
which may be necessary and, if complied with, adequate to prevent injury
to living man and other vertebrate animals, vegetation, and useful in-
vertebrate animals;
(f) If the label does not bear an ingredient statement or guaranteed
analysis statement on that part of the immediate container and on the
outside container or wrapper, if there be one, through which the ingredi-
ent statement or guaranteed analysis statement on the immediate con-
tainer cannot be clearly read, of the retail package which is presented
or displayed under customary conditions of purchase: Provided, that the
Commissioner may permit the ingredient statement to appear prominently
on some other part of the container, if the size or form of the container
makes it impracticable to place it on the part of the retail package which
is presented or displayed under customary conditions of purchase;
(g) If any words, statement, or other information required by or
under the authority of this chapter to appear on the labeling is not
prominently placed thereon with such conspicuousness (as compared with
other words, statements, designs, or graphic matter 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;
(h) If in the case of an insecticide, fungicide, or herbicide, when used
as directed or in accordance with commonly recognized safe practice, it
shall be injurious to living man or other vertebrate animals or vegeta-
tion, to which it is applied, or to the person applying such economic
poison, excepting pests and weeds; or
(i) If in the case of a plant regulator, defoliant, or desiccant when
used as directed it shall be injurious to living man or other vertebrate
animals, or vegetation to which it is applied, or to the person applying
such economic poison: Provided, that physical or physiological effects
on plants or parts thereof shall not be deemed to be injury, when this is the
purpose for which the plant regulator, defoliant, or desiccant was applied,
in accordance with the label claims and recommendations.
§ 3.1-209. Person.—The term “person” means any individual, part-
nership, association, corporation, or organized group of persons whether
incorporated or not.
§ 3.1-210. Plant regulator.—The term “plant regulator” means any
substance or mixture of substances, intended through physiological action,
for accelerating or retarding the rate of growth or rate of maturation, or
for otherwise altering the behavior of ornamental or crop plants or the
produce thereof, but shall not include substances to the extent that they
are intended as plant nutrients, trace elements, nutritional chemicals,
plant inoculants, and soil amendments.
§ 3.1-211. Registrant.—The term “registrant” means the person
registering any economic poison pursuant to the provisions of this chapter.
§ 8.1-212. Rodenticide—The term “rodenticide” means any sub-
stance or mixture of substances intended for preventing, destroying, re-
pelling or mitigating rodents or any other vertebrate animal which the
Commissioner shall declare to be a pest.
§ 3.1-218. Weed.—The term “weed” means any plant which grows
where not wanted.
§ 3.1-214. Determinations by Commissioner.—The Commissioner
may, after opportunity for a hearing:
(1) Declaration of pest.—Declare as a pest any form of plant or
animal life or virus which is injurious to plants, man, domestic animals,
articles, or substances ;
(2) Toxic quality of poisons.—Determine whether economic poisons
are highly toxic to man;
(3) Standards of coloring, etc.—Determine standards of coloring or
discoloring for economic poisons, and subject economic poisons to the re-
quirements of § 3.1-233, subsection 4.
§ 3.1-215. Collection and examination of samples; access for inspec-
tion or sampling.—The Commissioner may effect the collection and exami-
nation of samples of economic poisons and devices to determine compliance
with the requirements of this chapter; and he shall have the authority at
all reasonable hours to enter into any car, warehouse, store, building, boat,
vessel or place supposed to contain economic poisons, or devices, for the
purpose of inspection or sampling, and to procure samples for analysis or
examination from any lot, package or parcel of economic poison, or any
evice.
§ 3.1-216. Publications by Commissioner.—The Commissioner may
publish from time to time, in such forms as he may deem proper, complete
information concerning the sale of economic poisons, together with such
data on their production and use as he may consider advisable, and re-
ports of the results of the analyses based on official samples of economic
poisons sold within the State.
§ 3.1-217. Rules, regulations and standards.—The Board of Agricul-
ture and Immigration is authorized to prescribe, after public hearing fol-
lowing due public notice, such rules, regulations, and standards relating
to the sale and distribution of economic poisons as it may find necessary
to carry into effect the full intent and meaning of this chapter.
8 3.1-218. Cooperation with State and federal agencies.—In order
to avoid confusion endangering the public health, resulting from diverse
requirements, particularly as to the labeling and coloring of economic poi-
sons, and to avoid increased costs to the people of this State due to the
necessity of complying with such diverse requirements in the manufac-
ture and sale of such poisons, the Board of Agriculture and Immigration
and the Commissioner may cooperate with, and enter into agreements
with, any other agency of this State, the United States Department of
Agriculture, and any other state or agency thereof, for the purpose of
carrying out the provisions of this chapter and securing uniformity of
regulations.
§ 3.1-219. Delegation of authority.—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 such purpose.
§ 3.1-220. Disposition of funds collected.—All funds collected by
the Department of Agriculture and Immigration under this chapter shall
be paid into the State treasury to the credit of the Department and are
hereby appropriated to the Department to be used in carrying out the pro-
visions of this chapter.
§ 3.1-221. Necessity for registration.—Every economic poison 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.
§ 3.1-222. Products registered under federal act.—The Commis-
sioner may register and permit the sale of any such economic poison
which has been duly registered without protest under the provisions of
the Federal Insecticide, Fungicide and Rodenticide Act, but products so
registered shall be subject to the inspection fees provided for herein, and
to all other provisions of this chapter.
§ 3.1-223. Expiration of registration.—All registration of products
shall expire on the thirty-first day of December, following date of issuance,
unless such registration shall be renewed annually, in which event expira-
tion date shall be extended for each year of renewal registration, or until
otherwise terminated.
§ 3.1-224. Products registered as single economic poison. —Products
which have the same formula, and are manufactured by the same person,
the labelings of which contain the same claims, and the labels of which
bear designations identifying the products as the same economic poison,
may be registered as a single economic poison. Additional names and
labels shall be added by supplemental statements during the current period
of registration thereby permitting a change in a registered label, without
additional fee, by adding to the registered label the name and address of
a distributor, in addition to the name and address of the manufacturer
shown on the registered label.
§ 3.1-225. Change in labeling or formulas without registration.—
Within the discretion of the Commissioner, or his authorized representa-
tive, a change in the labeling or formulas of an economic poison may be
made within the current period of registration, without requiring a re-
registration of the product.
§ 3.1-226. Statement to be filed by registrant.—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 economic poison;
(3) A complete copy of the labeling accompanying the economic
poison and a statement of all claims made and to be made for it including
directions for use; and
(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
economic poison was registered or last reregistered.
§ 3.1-227. Each brand or grade to be registered; fees, certificates.—
The registrant, before selling or offering for sale any economic poison in
this State, shall register each brand or grade of such economic poison
with the Department of Agriculture and Immigration upon forms fur-
nished by the Department, and, for purposes of defraying expenses con-
nected with the enforcement of this chapter, he shall pay to the Depart-
ment an annual inspection fee of ten dollars for each and every brand
or grade to be offered for sale in this State: Provided, however, that
any registrant may register annually any number of brands after the
payment of annual fees aggregating two hundred dollars, by paying an
annual fee of five dollars for each economic poison submitted for regis-
tration, in excess of the first twenty, whereupon there shall be issued to the
registrant by the Department a certificate entitling the registrant to sell
all duly registered brands in this State until the expiration of the certifi-
cate. 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.
§ 3.1-228. Submission of complete formula.—The Commissioner,
whenever he deems it necessary in the administration of this chapter,
may require the submission of the complete formula of any economic
poison.
§ 3.1-229. When Commissioner to register article—If it appears to
the Commissioner that the composition of the article is such as to warrant
the proposed claims for it and if the article and its labeling and other
material required to be submitted comply with the requirements of this
chapter, he shall register the article.
§ 3.1-230. When Commissioner to notify registrant and afford op-
portunity to comply with chapter.—If it does not appear to the Commis-
sioner 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 provisions 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.
§ 3.1-231. When Commissioner may refuse, or may cancel, registra-
tion.—The Commissioner may refuse to register, or may cancel ‘the regis-
tration of, any brand of economic poison as provided in this chapter, 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 a hearing by the Commissioner.
3.1-2382. Economic poison shipped from one domestic plant to an-
other operated by same person.—Notwithstanding any other provision of
this chapter, registration is not required in the case of an economic poison
shipped from one plant within this State to another plant within this State
operated by the same person. dette
e3
Prohibited Acts, Penalties and Proceedings
In Case of Violations
§ 3.1-233. Prohibited acts generally.—It shall be unlawful for any
person to distribute, sell or offer for sale within this Commonwealth or
deliver for transportation or transport in intrastate commerce or between
points within this Commonwealth through any point outside this State
any of the following:
(1) Registration; divergent claims; change in label or formula.—Any
economic poison which is not registered pursuant to the provisions of
Article 2 of this chapter, or any economic poison if any of the claims made
for it or any of the directions for its use differ in substance from the
representations made in connection with its registration, or if the compo-
sition of an economic poison differs from its composition as represented in
connection with its registration: Provided, that, in the discretion of the
Commissioner, a change in the labeling or formula of an economic poison
may be made, within a registration period, without requiring reregistra-
tion of the product: Provided further, that changes at no time are
permissible if they lower the efficacy of the product.
(2) Unbroken container and label generally—Any economic poison
except those fertilizer-economic poison mixtures exempted by the Commis-
sioner unless it is in the registrant’s or the manufacturer’s unbroken im-
mediate container, and there is affixed to such container, and to the out-
side container or wrapper of the retail package, if there be one, through
which the required information on the immediate container cannot be
clearly read, a label bearing:
(a) The name and address of the manufacturer, registrant, or person
for whom manufactured ;
4 (b) The name, brand, or trade mark under which said article is sold;
an .
(c) The net weight or measure of the content subject, however, to
such reasonable variations as the Commissioner may permit.
(3) Label when substance highly toxic to man.—Any economic poison
which contains any substance or substances in quantities highly toxic to
man, determined as provided in § 3.1-214, unless the label] shall bear, in
addition to any other matter required by this chapter,
(a) Askull and crossbones;
(b) The word “poison” prominently, in red, on a background of dis-
tinctly contrasting color; and
(c) Astatement of an antidote for the economic poison.
(4) Coloration or discoloration—The economic poisons commonly
known as lead arsenate, basic lead arsenate, calcium arsenate, magnesium
arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate,
and barium fluosilicate unless they have been distinctly colored or dis-
colored as provided by regulations issued in accordance with this chapter,
or any other white powder economic poison which the Commissioner, after
investigation of and after public hearing on the necessity for such action
for the protection of the public health and the feasibility of such colora-
tion or discoloration, shall, by regulation, require to be distinctly colored
or discolored; unless it has been so colored or discolored: Provided, that
the Commissioner may exempt any economic poison to the extent that
it is intended for a particular use or uses from the coloring or discoloring
required or authorized by this subsection if he determines that such color-
ing or discoloring for such use or uses is not necessary for the protection of
the public health.
(5) Adulteration or misbranding.—Any economic poison which is
adulterated or misbranded, or any device which is misbranded.
§ 3.1-234. Alteration, etc., of label_——It shall be unlawful for any
person to detach, alter, deface or destroy, in whole or in part, any label or
labeling provided for in this chapter or the rules and regulations promul-
gated under this chapter.
§ 3.1-235. Changing substance of economic poison.—It shall be un-
lawful to add any substance to, or take any substance from, an economic
poison in a manner that may defeat the purposes of this chapter.
§ 3.1-236. Refusal of access to records.—lIt shall be unlawful for any
manufacturer, distributor, dealer, carrier, or other person to refuse, upon a
request in writing specifying the nature or kind of economic poison or
device to which such request relates, to furnish to or permit any person
designated by the Commissioner to have access to and to copy such records
of business transactions as may be essential in carrying out the purposes
of this chapter.
§ 3.1-237. Giving false guaranty; names and addresses of persons giv-
ing and receiving guaranty.—It shall be unlawful for any person to give
a guaranty or undertaking provided for in § 3.1-246 which is false in
any particular, except that a person who receives and relies upon a guar-
anty authorized under such section may give a guaranty to the same
effect, which guaranty shall contain in addition to his own name and
address the name and address of the person residing in the United States
from whom he received the guaranty or undertaking.
§ 3.1-238. Unlawful use or revelation of information relative to for-
mulas.—It shall be unlawful for any person to use for his own advantage
or to reveal, other than to the Commissioner, or officials or employees of the
Commonwealth, or officials or employees of the United States Department
of Agriculture, or other federal agencies, or to the courts in response to a
subpoena, or to physicians, and in emergencies to pharmacists and other
qualified persons, for use in the preparation of antidotes, in accordance
with such directions as the Commissioner may prescribe, any information
ee auive to formulas of products acquired by authority of Article 2 of this
pter.
§ 3.1-239. Interference with Commissioner or agents.—lIt shall be
unlawful for any person to oppose or interfere in any way with the Com-
missioner or his duly authorized agents in carrying out the duties im-
posed by this chapter.
§ 3.1-240. Unlawful interest of person charged with enforcement.—
It shall be unlawful for any person charged with the enforcement of this
chapter to be directly or indirectly connected with or financially interested
in the sale, manufacture or distribution for sale of any economic poison.
§ 3.1-241. Restraining violation of preceding sections.—In addition
to the remedies herein provided the Commissioner is hereby authorized to
apply to an appropriate court for, and such court shall have jurisdiction
upon hearing and for cause shown to grant a temporary or permanent
injunction restraining any person from violating any provision of §§ 3.1-
233 to 3.1-240, irrespective of whether or not there exists an adequate
remedy at law.
§ 3.1-242. Proceedings in case of violations.—If it shall appear from
the examination or evidence that any of the provisions of this chapter or
the rules and regulations issued thereunder have been violated, the Com-
missioner may cause notice of such violations to be given to the registrant,
distributor, and possessor from whom such sample or evidence was taken.
Any party so notified shall be given an opportunity to be heard under
such rules and regulations as may be prescribed by the Board of Agricul-
ture and Immigration. If it appears after such hearing that there has been
a sufficient number of violations of this chapter or the rules and regula-
tions issued thereunder, the Commissioner may certify the facts to the
proper prosecuting attorney and furnish that officer with a copy of the
results of the examination of such sample duly authenticated by the
analyst or other officer making the examination under the oath of such
analyst or officer.
§ 3.1-243. Duty of attorney for Commonwealth.—lIt shall be the duty
of every attorney for the Commonwealth to whom the Commissioner
shall report any violation of this chapter to cause proceedings to be prose-
cuted without delay for the fines and penalties in such cases. :
§ 3.1-244. Penalty for violation—Any person convicted of violating
any provision of this chapter or the rules and regulations issued there-
under shall be adjudged guilty of a misdemeanor and shall be punished
in the discretion of the court.
§ 3.1-245. Warning instead of report of violation.—Nothing in this
chapter shall be construed as requiring the Commissioner 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.
__ § 3.1-246. Exemptions from penalties.—The penalties provided for
violations of § 3.1-233 shall not apply to:
(1) Any carrier while lawfully engaged in transporting an economic
poison within this State, if such carrier shall, upon request, permit the
Commissioner or his designated agent to copy all records showing the
transactions in and movements of the articles:
(2) Public officials of this State and the federal government engaged
in the performance of their official duties ;
‘(8) The manufacturer or shipper of an economic poison for experi-
mental use only—
(a) By or under the supervision of an agency of this State or of the
federal government authorized by law to conduct research in the field of
economic poisons ; or
(b) By others if the economic poison is not sold and if the container
thereof is plainly and conspicuously marked “For experimental use only—
Not to be sold,” together with the manufacturer’s name and address:
Provided, however, that if a written permit has been obtained from the
Commissioner, economic poisons may be sold for experimental purposes
mene to such restrictions and conditions as may be set forth in the
permi
(4) Any person who established a guaranty signed by, and containing
the name and address of, the registrant or person residing in the United
States from whom he purchased and received in good faith the article in
the same unbroken package, to the effect that the article was lawfully
registered at the time of sale and delivery to him, and that it complies
with the other requirements of this chapter, designating this chapter.
In such case the guarantor shall be subject to the penalties which would
otherwise attach to the person holding the guaranty under the provisions
of this chapter.
§ 3.1-247. Medicinal and toilet preparations, drugs or chemicals.—
This chapter shall not apply to any preparation, drug, or chemical intended
to be used or sold solely for medicinal use or for toilet purposes.
§ 3.1-248. “Stop sale, use or removal’ orders.—The Commissioner
shal] issue and enforce a written or printed “stop sale, use or removal”
order directed to the owner or custodian of any lot of economic poison,
requiring him to hold it at a designated place, when the Commissioner
finds the economic poison is being offered or exposed for sale in violation
of any of the provisions of this chapter, until the law has been complied
with and the economic poison is released in writing by the Commissioner,
or the violation has been otherwise legally disposed of by written au-
thority; provided that the owner or custodian of such economic poison
shall have the right to appeal from such order to a court of competent
jurisdiction in the county or city where the economic poison or poisons
are found, praying for a judgment as to the justification of such order,
and for the discharge of such economic poison from the order prohibiting
the sale in accordance with the findings of the court; and provided further
that the provisions of this section shall not be construed as limiting the
right of the enforcement officer to proceed as authorized by other pro-
visions of this chapter. The Commissioner shall release the economic poi-
son so withdrawn when the requirement of the provisions of this chapter
have been complied with and upon payment of all costs and expenses
incurred in connection with the withdrawal.
§ 3.1-249. Seizure, condemnation and sale-—Any lot of economic poi-
son, not in compliance with the provisions of this chapter shall be subject
to seizure on complaint of the Commissioner to a court of competent juris-
diction in the area in which the economic poison is located. In the event
the court finds the economic poison to be in violation of this chapter and
orders its condemnation, it shall be disposed of in any manner consistent
with its quality and the laws of the State: Provided, that in no instance
shall the disposition of the economic poison be ordered by the court without
first giving the claimant an opportunity to apply to the court for the re-
lease of such economic poison or for permission to process or relabel such
product to bring it into compliance with this chapter.
CHAP. 15
HAZARDOUS HOUSEHOLD SUBSTANCES
§ 8.1-250. Definitions.—The following words and phrases when used in
this chapter shall have the meanings respectively ascribed to them except in
those instances in which the context clearly indicates a different meaning:
(a) “Department” means the Department of Agriculture and Immi-
gration of the State of Virginia. ; ;
(b) “Board” means the Board of Agriculture and Immigration of the
State of Virginia.
(c) “Commissioner” means the Commissioner of Agriculture and
Immigration of the State of Virginia. ;
(d) “Person” includes any individual, firm, partnership, corporation,
association, or organized group of persons whether incorporated or not.
(e) “Sell” or “sale” includes barter and exchange.
(f) “Offer for sale” includes holding, keeping, exposing, offering for
sale or commercial application.
(zg) “Hazardous substance” means:
1. (A) Any substance or mixture of substances which (1) is toxic,
(2) is corrosive, (3) is an irritant, (4) is a strong sensitizer, (5) is flam-
mable, or (6) generates pressure through decomposition, heat, or other
means, if such substance or mixture of substances may cause substantial
personal injury or substantial illness during or as a proximate result of any
customary or reasonably foreseeable handling or use, including reasonably
foreseeable ingestion by children.
(B) Any radioactive substance, which, as used in a particular class or
article or as packaged, the Board finds and declares by regulation to require
labeling under this chapter to protect the public safety.
2. “Hazardous substance” shall not apply to economic poisons subject
to the Virginia Insecticide, Fungicide and Rodenticide Law, nor the drugs
and cosmetics as defined herein, nor to substances intended for use as fuels
when stored in containers and used in the heating, cooking or refrigera-
tion system of a house.
8. “Hazardous substance” shall not include any source material, spe-
cial nuclear material, or byproduct material as defined in the Atomic
Energy Act of 1954, as amended, and regulations issued pursuant thereto
by the Atomic Energy Commission.
(h) “Toxic” shall apply to any substance (other than a radioactive
substance) which has the capacity to produce personal injury or illness to
pan through ingestion, inhalation, or absorptions through any body sur-
ace.
(i) (1) “Highly toxic” means any substance which falls within any
of the following categories: (a) Produces death within fourteen days in
half or more than half a group of ten or more laboratory white rats each
weighing between two hundred and three hundred grams, at a single dose
of fifty milligrams or less per kilogram of body weight, when orally ad-
ministered; or (b) produces death within fourteen days in half or more
than half of a group of ten or more laboratory white rats each weighing
between two hundred and three hundred grams, when inhaled continuously
for a period of one hour or less at an atmospheric concentration of two
hundred parts per million by volume or less of gas or vapor or two milli-
grams per liter by volume or less of mist or dust, provided such concentra-
tion is likely to be encountered by man when the substance is used in any
reasonably foreseeable manner; or (c) produces death within fourteen
days in half or more than half of a group of ten or more rabbits tested in
a dosage of two hundred milligrams or less per kilogram of body weight,
when administered by continuous contact with the bare skin for twenty-
four hours or less.
(2) If the Board finds that available data on human experience with
any substance indicate results different from those obtained on animals in
the above-named dosages or concentrations, the data pertaining to humans
shall take precedence. ; oo,
(j) “Corrosive” means any substance which in contact with living
tissue will cause destruction of tissue by chemical action; but shall not
apply to action on inanimate surfaces. — ;
(k) “Irritant”? means any substance not corrosive within the meaning
of subparagraph (j) which on immediate, prolonged, or repeated contact
with normal living tissue will induce a local inflammatory reaction.
(1) “Strong sensitizer’? means a substance which will cause on normal
living tissue through an allergic or photodynamic process a hypersensitiv-
ity which becomes evident on reapplication of the same substance and
which is designated as such by the Board. Before designating any sub-
stance as a strong sensitizer, the Board, upon consideration of the fre-
quency of occurrence and severity of the reaction, shall find that the
substance has a significant potential for causing hypersensitivity. _
(m) “Extremely flammable’ shall apply to any substance which has a
flash point at or below twenty degrees Fahrenheit as determined by the
Tagliabue Open Cup Tester, and the term “flammable” shall apply to any
substance which has a flash point of above twenty degrees to and including
eighty degrees Fahrenheit, as determined by the Tagliabue Open Cup
Tester; except that the flammability of solids and of the contents of self-
pressurized containers shall be determined by methods found by the Board
to be generally applicable to such materials or containers, respectively, and
established by regulations issued by it, which regulations shall also define
the terms ‘‘flammable” and “extremely flammable” in accord with such
methods. |
(n) “Radioactive substance” means a substance which emits ionizing
radiation. |
(o) “Label”? means a display of written, printed, or graphic matter
upon the immediate container of any substance. Any requirement made
by or under authority of this chapter that any word, statement or other
information appear on the label shall not be deemed complied with unless
such word, statement, or other information also appears (1) on the outside
container or wrapper, if any there be, unless it is easily legible through
the outside container or wrapper, and (2) on all accompanying literature
where there are directions for use, written or otherwise.
(p) “Immediate container” does not include package liners.
(q) “Misbranded package” or “misbranded package of a hazardous
substance”’ means a hazardous substance in a container intended or suitable
for household use which, except as otherwise provided by or pursuant to
§ 3.1-251, fails to bear a label— _
(1) Which states conspicuously (A) the name and place of business
of the manufacturer, packer, distributor, or seller; (B) the common or
usual name or the chemical name (if there be no common or usual name)
of the hazardous substance or of each component which contributes sub-
stantially to its hazard, unless the Board by regulation permits or requires
the use of a recognized generic name; (C) the signal word “DANGER” on
substances which are extremely flammable, corrosive, or highly toxic; (D)
the signal word “WARNING” or “CAUTION” on all other hazardous sub-
stances; (E) an affirmative statement of the principal hazard or hazards,
such as “Flammable,” “Vapor Harmful,” “Causes Burns,” “Absorbed
Through Skin,” or similar wording descriptive of the hazard; (F) pre-
cautionary measures describing the action to be followed or avoided, ex-
cept when modified by regulation of the Board pursuant to § 3.1-251;
(G) instruction, when necessary or appropriate, for first-aid treatment;
(H) the word “poison” for any hazardous substance which is defined as
“highly toxic” by subsection (i) ; (I) instructions for handling and storage
of packages which require special care in handling or storage; and (J) the
statement ‘‘Keep out of the reach of children” or its practical equivalent,
(2) on which any statements required under subparagraph (1) of this
paragraph are located prominently and are in the English language in
conspicuous and legible type in contrast by topography, layout, or color with
other printed matter on the label.
(r) “Food” means (1) articles used for food or drink for man or
other animals, (2) chewing gum, and (3) articles used for components of
any such articles. ; ;
(s) “Drug” means (1) articles recognized in the official United
States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United
States, or official National Formulary, or any supplement of any of them;
and (2) articles intended for use in the diagnosis, cure, mitigation, treat-
ment or prevention of disease in man or other animals; and (3) articles
(other than food) intended to affect the structure or any function of the
body of man or other animals; and (4) articles intended for use as a com-
ponent of any articles specified in clause (1), (2), or (3).
BY “Cosmetic” means (1) articles intended to be rubbed, poured,
sprinkled, or sprayed on, introduced into, or otherwise applied to the body,
or any part thereof, of man or other animals for cleansing, beautifying,
promoting attractiveness, or altering the appearance, and (2) articles
intended for use as a component of any such articles; except that such
term shall not include soap.
§ 3.1-251. Regulations declaring substances hazardous; variations
or additional label requirements; exemption of substances.—(a) The
Board may, but is not required to, declare by regulation to be a hazardous
substance any substance or mixture of substances which it finds meets the
requirements in subsection (g) 1 (A) of § 3.1-250; but no hazardous sub-
stance as defined in subsection (g) 1 (A) of § 3.1-250 shall be deemed to
be excluded from the operation of this chapter because of the Board’s
failure to act under this subsection.
(b) If the Board finds that the requirements of § 3.1-250 (q) (1) are
not adequate for the protection of the public safety in view of the special
hazard presented by any particular hazardous substance, it may by regula-
tion establish such reasonable variations or additional label requirements
as it finds necessary for the protection of the public; and any container of
such hazardous substance, intended or suitable for household use, which
fails to bear a label in accordance with such regulations shall be deemed to
be a misbranded package of a hazardous substance.
(c) If the Board finds that, because of the size of the package involved
or because of the minor hazard presented by the substance contained
therein, or for other good and sufficient reasons, full compliance with the
labeling requirements otherwise applicable under this chapter is imprac-
ticable or is not necessary for the adequate protection of the public, the
Board shall promulgate regulations exempting such substance from these
requirements to the extent it determines to be consistent with adequate
protection of the public.
(d) The Board may exempt from the requirements established by or
pursuant to this chapter any container of a hazardous substance with
respect to which it finds that adequate requirements satisfying the pur-
poses of this chapter have been established by or pursuant to any other
laws of this State.
§ 8.1-252. Prohibitions.—The following acts and the causing thereof
are hereby prohibited:
(a) The introduction or delivery for introduction into intrastate com-
merce of any misbranded package of a hazardous substance.
(b) The alteration, mutilation, destruction, obliteration, or removal
of the whole or any part of the label of, or the doing of any other act with
respect to, a hazardous substance, if such act is done while the substance Is
in intrastate commerce, or while the substance is held for sale (whether or
not the first sale) after shipment in intrastate commerce, and results in the
hazardous substance being in a misbranded package.
(c) The receipt in intrastate commerce of any misbranded package
of a hazardous substance and the delivery or proffered delivery thereof for
pay or otherwise.
d) The giving of a guaranty referred to in § 8.1-253 (b) (2) or
§ 3.1-253 (c) which guaranty is false, except by a person who relied upon
a guaranty or undertaking to the same effect signed by, and containing the
name and address of, the person residing in the United States from whom
he received in good faith the hazardous substance. ;
(e) The failure to permit entry or inspection as authorized by § 3.1-
. 3 ( D. or to permit access to any copying of any record as authorized by
1-259.
(f) The introduction or delivery for introduction into intrastate com-
merce or the receipt in intrastate commerce and subsequent delivery or
proffered delivery for pay or otherwise, of a hazardous substance in a
reused food, drug, or cosmetic container or in a container which, though
not a reused container, is identifiable as a food, drug, or cosmetic container
by its labeling or by other identification. The reuse of a food, drug, or cos-
metic container as a container for a hazardous substance shall be deemed
to be an act which results in the hazardous substance being in a misbranded
package. .
(g) The manufacture of a misbranded package of a hazardous sub-
stance within the State of Virginia.
(h) The use by any person to his own advantage, or revealing other
than to the Commissioner, or to employees of the Department, or to the
courts when relevant to any judicial proceeding under this chapter, of any
information acquired under authority of § 3.1-258 concerning any method
of process which as a trade secret is entitled to protection.
§ 3.1-253. Penalties; exemptions from penalties.—(a) Any person
violating any provision of this chapter or the rules and regulations issued
thereunder shall be guilty of a misdemeanor and upon conviction shall be
punished as provided by law.
(b) No person shall be subject to the penalties of subsection (a) of
this section, (1) for having violated § 3.1-252 (c), if the receipt, delivery
or proffered delivery of the hazardous substance was made in good faith,
unless he refuses to furnish, on request of an agent or employee duly
designated by the Commissioner, the name and address of the person from
whom he purchased or received such hazardous substance, and copies of all
documents, if any there be, pertaining to the delivery of the hazardous
substance to him; or (2) for having violated § 3.1-252 (a), if he establishes
a guaranty signed by, and containing the name and address of, the person
residing in the United States from whom he received in good faith the
hazardous substance, to the effect that the hazardous substance is not in
misbranded packages within the meaning of that term in this chapter; or
(8) for having violated subsections (a), (c), or (g) of § 3.1-252 in respect
of any hazardous substance shipped or delivered for export to any foreign
country, in a package marked for export on the outside of the shipping
container and labeled in accordance with the specifications of the foreign
purchaser, and in accordance with the laws of the foreign country, but if
such hazardous substance is sold or offered for sale in domestic commerce,
this clause shall not apply.
(c) The term “good faith” as used in clause (1) of subsection (b) of
this section shall include, but not be limited to, reliance upon a guaranty
signed by, and containing the name and address of the person residing in
the United States from whom the hazardous substance was received in
good faith, to the effect that the hazardous substance is not in misbranded
packages within the meaning of that term in this chapter.
§ 3.1-254. “Stop sale, use or removal” orders—(a) The Commis-
sioner may issue and enforce a written or printed “stop sale, use or re-
moval” order directed to the owner or custodian of any lot of hazardous
substance or misbranded packages of a hazardous substance, requiring him
to hold it at a designated place, when the Commissioner has reasonable
cause to believe that a violation of any of the provisions of this chapter
involving such hazardous substance or misbranded packages of a hazardous
substance is occurring or is about to occur, until the law has been complied
with and the lot is released in writing by the Commissioner, or the violation
has been otherwise disposed of by written authority; provided that the
owner or custodian of such lot of hazardous substance or misbranded pack-
ages of a hazardous substance shall have the right to appeal from such
order to a court of competent jurisdiction in the county or city where the
hazardous substance or misbranded packages of a hazardous substance are
found, praying for judgment as to the justification of such order and for the
discharge of such hazardous substance or misbranded packages of a hazar-
dous substance and the laws of the State: Provided, that in no instance shall
findings of the court; and provided further, that the provisions of this
section shall not be construed as limiting the right of the Commissioner to
proceed as authorized by other provisions of this chapter. The Commis-
sioner shall release the hazardous substance or misbranded packages of a
hazardous substance so withdrawn when the requirements of the provi-
sions of this chapter have been complied with and upon payment of all
costs and expenses incurred in connection with the withdrawal.
(b) This section shall not apply to a hazardous substance intended
for export to any foreign country if it (1) is in a package branded in
accordance with the specifications of the foreign purchaser; (2) is labeled
in accordance with the laws of the foreign country, and (3) is labeled
on the outside of the shipping package to show that it is intended for export,
and (4) is so exported.
§ 3.1-255. Seizure and disposition of noncomplying substances.—
Any lot of hazardous substance not labeled in compliance with the provi-
sions of this chapter shall be subject to seizure on complaint of the Commis-
sioner to a court of competent jurisdiction in the area in which said hazar-
dous substance is located. In the event the court finds the hazardous sub-
stance to be in a misbranded package within the meaning of that term in
this chapter and orders the condemnation of said hazardous substance, it
shall be disposed of in any manner consistent with the quality of the hazar-
dous substance and the laws of the State: Provided, that in no instance shall
the disposition of said hazardous substance be ordered by the court without
first giving the claimant an opportunity to apply to the court for the release
of said hazardous substance or for permission to process or relabel said
product to bring it into compliance with this chapter.
§ 3.1-257. Rules and regulations.—The authority to promulgate
rules and regulations for the efficient enforcement of this chapter is hereby
vested in the Board. The provisions of Chapter 1.1 (§ 9-6.1 et seq.) of
Title 9 of the Code shall apply to the promulgation of such rules and regu-
lations. Such rules and regulations shall have the force and effect of law.
§ 3.1-258. Administration; delegation of authority ; inspections, etc.;
samples; analyses.—(a) The Commissioner shall administer this chapter.
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 as the Commissioner may from time to time designate for said
purpose. The Commissioner is authorized to conduct examinations, inspec-
tions, and investigations for the purposes of this chapter.
(b) For purposes of enforcement of this chapter, officers or employees
duly designated by the Commissioner, upon presenting appropriate creden-
tials to the owner, operator or agent in charge, are authorized (1) to enter,
at reasonable times, any factory, warehouse, or establishment in which
hazardous substances are manufactured, processed, packed, or held for
introduction into intrastate commerce or are held after such introduction,
or to enter any vehicle being used to transport or hold such hazardous
substances in intrastate commerce; (2) to inspect, at reasonable times and
within reasonable limits and in a reasonable manner, such factory, ware-
house, establishment, or vehicle, and all pertinent equipment, finished and
unfinished materials, and labeling therein; and (3) to obtain samples of
such materials or packages thereof, or of such labeling. A written notice
on forms authorized by the Commissioner shall be delivered to the owner,
operator or agent in charge at the time of making each such entry, inspec-
tion or sampling. Such notice shall state the time, date, and purpose of
each such inspection, entry or sampling and the name of the officer or
employee making the same.
(c) If the officer or employee obtains any sample, prior to leaving the
premises, he shall give the owner, operator or agent in charge a receipt
describing the samples obtained. If an analysis is made of such sample, a
copy of the results of such analysis shall be furnished promptly to the
owner, operator or agent in charge upon request.
(d) It shall be the duty of the Department to make such chemical and
physical analyses as may be necessary for carrying out the provisions of
this chapter.
§ 3.1-259. Access to records of carriers; exemption as to carriers.—
For the purpose of enforcing the provisions of this chapter, carriers en-
gaged in intrastate commerce, and persons receiving hazardous substances
in intrastate commerce or holding such hazardous substances so received
shall, upon the request of an employee duly designated by the Commis-
sioner, permit such employee, at reasonable times, to have access to and to
copy all records showing the movement in intrastate commerce of any such
hazardous substances, or the holding thereof during or after such move-
ment, and the quantity, shipper and consignee thereof; and it shall be
unlawful for any such carrier or person to fail to permit such access to and
copying of any record so requested when such request is accompanied by a
statement in writing specifying the nature or kind of such hazardous sub-
stances to which such request relates: Provided, that evidence obtained
under this section shall not be used in a criminal prosecution of the person
from whom obtained; provided further, that carriers shall not be subject
to the other provisions of this chapter by reason of their receipt, car-
riage, holding, or delivery of hazardous substances in the usual course of
business as carriers.
§ 3.1-260. Reports summarizing judgments, etc.; dissemination of
information regarding substances and investigations.—(a) The Commis-
sioner may cause to be published from time to time reports summarizing
any judgments, decrees, or court orders which have been rendered under
this chapter, including the nature of the charge and the disposition thereof.
(b) The Commissioner may also cause to be disseminated information
regarding hazardous substances in situations involving, in the opinion of
the Commissioner, imminent danger to public welfare. Nothing in this
section shall be construed to prohibit the Commissioner from collecting,
reporting and illustrating the results of the investigations of the Depart-
ment.
§ 3.1-261. Applicability of other laws.—All other general or special
laws, or parts thereof, inconsistent herewith, are hereby declared to be
inapplicable to the provisions of this chapter.
CHAP. 16
SEEDS
Article 1
Virginia Seed Law
§ $.1-262. Title—This article may be known and cited as the “Vir-
ginia Seed Law.”
8 3.1-263. Definitions.—As used in this article, unless the context
clearly requires otherwise:
(1) The term “Person” includes any individual, partnership, corpora-
tion, company, society or association.
(2) The term “Commissioner” means the Commissioner of Agricul-
ture and Immigration of Virginia.
(3) The term “agricultural seeds” means the seeds of forage crops,
cereal crops, fiber crops, and lawn grass, all of which shall be specified by
rules and regulations promulgated pursuant to the provisions of this article.
(4) The term “vegetable seeds” includes seeds of those crops which
are grown in gardens and on truck farms and are generally known and sold
under the name of vegetable seed in this State, and which from time to
time shall be specified by rules and regulations promulgated pursuant to
the provisions of this article.
(5) The term “kind” means one or more related species or subspecies
which singly or collectively is known by one common name, for example,
wheat, oats, vetch, sweet clover, cabbage, cauliflower, and so forth.
The term “variety” means a subdivision of a kind characterized
by growth, plant, fruit, seed, or other characters by which it can be differ-
entiated from other plants of the same kind, for example, Fulgrain Oats,
Flat Dutch Cabbage, Ogden Soybeans, U.S. 262 (hybrid corn) and so forth.
(7) The term “mixture” means seeds consisting of more than one kind
or variety, each present in excess of five per centum of the whole.
(8) The term “weed seeds” includes the seeds, bulblets or tubers of all
plants generally recognized as weeds within this State and includes noxious-
weed seeds.
(9) ‘“‘Noxious-weed seeds” are divided into two classes:
(a) “Prohibited noxious-weed seeds” are the seeds of weeds which,
when established, are highly destructive and are not controlled in this State
by cultural practices commonly used. Such weeds are to be specified by
rules and regulations promulgated pursuant to the provisions of this article.
(b) “Restricted noxious-weed seeds” are the seeds of weeds which are
very objectionable in fields, lawns and gardens in this State and are difficult
to control by cultural practices commonly used. Such seeds are to be speci-
a by, a and regulations promulgated pursuant to the provisions of
this article.
(10) The term “origin” means the State, District of Columbia, Puerto
Rico, or possession of the United States, or the foreign country, or desig-
nated portion thereof, where the seed was grown.
(11) The term “labeling” includes all labels, and other written,
printed, or graphic representations, in any form whatsoever, accompany-
ing or pertaining to any seed whether in bulk or in containers, and includes
representations on invoices.
(12) The term “advertisement” means all representations, other than
those required on the label, disseminated in any manner or by any means
relating to seed within the scope of this article.
(13) The term “processing” means cleaning, scarifying, treating, or
blending to obtain uniform quality, and other operations which would
change the purity or germination of the seed and therefore require retest-
ing to determine the quality of the seed, but does not include operations
such as packaging, labeling, blending together of uniform lots of the same
kind or variety without cleaning, or the preparation of a mixture without
cleaning, any of which would not require retesting to determine the quality
of the seed.
(14) The term “screenings” includes seed, inert matter and other
materials removed from agricultural or vegetable seed by cleaning or
processing.
(15) The term “hybrid” means the first generation seed of a cross
produced by controlling the pollination or by use of sterile lines and com-
ining (a) two, three, or four inbred lines, or (b) one inbred line or a single
cross with an open-pollinated variety, or (c) two varieties or species,
except open-pollinated varieties of corn. The second generation or subse-
quent generation seed from such crosses shall not be regarded as hybrids.
(16) The term “inbred line” is a relatively stable and pure breeding
strain resulting from not less than four successive generations of controlled
self-pollination or four successive generations of backcrossing in the case
of male sterile lines.
(17) The term “controlled conditions” means those minimum stand-
ards for genetic purity of seed stocks, isolation, planting ratio, detasseling,
roguing, harvesting, and other factors necessary for the production of
hybrid seed; such standards to be established by rules and regulations
promulgated pursuant to the provisions of this article.
(18) The terms “recognized variety name” and “recognized hybrid
designation” mean the name or designation (which may be symbols, let-
ters or numbers) which was first assigned the variety of hybrid by the
person who developed it and first introduced it for production or sale.
Such terms shall be used only to designate the varieties or hybrids to which
they are first assigned.
(19) The term “noncoded pedigree” means the usual designated com-
bination of two or more symbols of letters or numbers, or letters and num-
bers, identifying the inbred lines or varieties combined to make a hybrid.
The term “lot” means a definite quantity of seed, identified by a
lot number or other identification, which is uniform throughout for the
factors which appear on the label.
(21) The term “bulk lot” or “in bulk” refers to loose seed in bins, or
other containers, and not to seed in bags or packets.
(22) The term “pure seed” means agricultural or vegetable seeds
exclusive of inert matter, weed seeds and all other seeds distinguishable
from the kind or kind and variety being considered, determined by methods
prescribed by regulations promulgated pursuant to the provisions of this
icle.
(23) The term “inert matter” means all matter not seeds, and includes
broken seeds, sterile florets, chaff, fungus bodies, and stones, determined
by methods prescribed by rules and regulations promulgated pursuant to
the provisions of this article.
(24) The term “germination” means the percentage by count of seeds
under consideration, which are capable of producing normal seedlings in a
given period of time and under conditions specified by rules and regulations
promulgated pursuant to the provisions of this article.
(25) The term “hard seeds” means seeds which, because of hardness
or impermeability, do not absorb moisture and germinate but remain hard
during the period prescribed for germination by rules and regulations
promulgated pursuant to the provisions of this article.
(26) The term “certified seed,” “registered seed” or “foundation
seed’’ means seed that has been produced and labeled in accordance with
the procedures and in compliance with the requirements of an official
certifying agency.
(27) The term “official certifying agency” means an agency recog-
nized and designated as a certifying agency by the laws of a state, the
United States, a province of Canada, or the government of foreign country
wherein said seed were produced.
(28) The term “treated” means that the seed has received an effec-
tive application of a generally approved substance or process designed to
control, or repel certain disease organisms, insects or other pests a i
such seeds or seedlings grown therefrom, or has received some other treat-
ment to improve its planting value.
(29) The term “code designation” means a code designation not
generally known to the public, assigned at the discretion of the Commis-
sioner, to any person engaged in the seed business, which, under conditions
prescribed by rules and regulations promulgated pursuant to the provisions
of this article, may be used to identify the person responsible for labeling
seed in intrastate commerce.
(30) The term “sale” means the transfer of ownership of seed,
evidenced by exchange of payment and /or seed, in whole, or in part.
(81) The term “tolerance” means the allowable deviation from any
figure used on a label to designate the percentage of any fraction, or rate of
occurrence in the lot in question and is based on the law of normal variation
from a mean.
§ 3.1-264. Label requirements.—Each container of agricultural or
vegetable seed which is sold, exposed for sale, transported, or advertised
within this State for sowing purposes, or screenings for any purpose what-
soever, shall bear thereon or have attached thereto in a conspicuous place a
plainly written or printed label or tag in the English language, giving
information as follows, which statement shall not be modified or denied in
the labeling or on another label attached to the container:
(A) For all seed named and treated as defined in this article (for
which a separate label may be used) :
(1) A word or statement indicating that the seed has been treated.
(2) The commonly accepted, coined, chemical or abbreviated chem-
ical (generic) name of the applied substance or treatment.
(3) If any substance in the amount present with the seed is harmful
to human or other vertebrate animals, a caution statement such as “Do not
use for food or feed or oil purposes.” The caution for mercurials and
similar toxic substances shall be a poison statement or symbol.
) For agricultural seeds:
(1) The recognized name of each kind, or kind and variety, of each
agricultural seed component in excess of five percentum of the whole, and
the percentage by weight of each in order of its predominance as specified
by rules and regulations.
(2) When more than one agricultural seed component is required to
be named, the word “mixture” or the word “mixed” shall be shown con-
spicuously on the label.
(3) Lot number or other lot identification.
(4) Origin, if known; if not known, that fact shall be stated.
(5) Percentage by weight of all weed seeds.
(6) The name and number per ounce of each kind of restricted
noxious-weed seed present, subject to § 3.1-265,I (a) (5).
(7) The percentage by weight of agricultural seeds and of vegetable
seeds other than the kind or kind and variety named on the label. Such
information may be designated as “other crop seed” and/or “other variety”
as the case may be.
(8) Percentage by weight of inert matter.
(9) For each named agricultural seed:
(a) Percentage of germination, exclusive of hard seed.
(b) Percentage of hard seed, if present.
(c) The calendar month and year the test was completed to determine
such percentages.
(d) Following (a) and (b) the “total germination” and “hard seed’
may be stated as such, if desired.
(10) For all hybrids, the recognized hybrid designation.
(11) Net weight.
(12) The name and address of (a) the person who sells or who labels
offers or exposes said seed for sale within this State or (b) the person t
whom the seed is sold or shipped for resale, together with a code designa
tion approved by the Commissioner under rules and regulations authorizec
by § 3.1-270, indicating the person who transports or delivers for trans
portation said seed in intrastate commerce.
(C) For vegetable seeds in containers of two pounds or less:
(1) Name of kind and variety of seed.
(2) The year for which packeted or put up, provided that the word:
“Packed for” shall precede the year, or the percentage of germination anc
the month and year the test was completed to determine such percentage
, (3) Net weight, except as provided by appropriate rules and regula
ions.
(4) For seeds which germinate less than the standard last establishec
by the Commissioner under this article:
(a) Percentage of germination, exclusive of hard seed.
(b) Percentage of hard seed, if present.
(c) The calendar month and year the test was completed to determine
such percentages.
(d) Following (a) and (b) the “total germination” and “hard seed’
may be stated as such, if desired.
(e) The words “below standard” in not less than eight point type.
(5) Name and address of the person who labeled said seed, or wh¢
sells, offers, or exposes said seed for sale within this State.
¢ ) For vegetable seeds in bulk or in containers of more than twc
pounds:
(1) The name of each kind and variety present in excess of five pe
centum of the whole and the percentage by weight of each in order of its
predominance.
(2) Lot number of other lot identification.
(3) For each named kind and variety:
(a) The percentage of germination exclusive of hard seed.
(b) The percentage of hard seed, if present.
(c) The calendar month and year the test was completed to determin«
such percentages.
(d) Following (a) and (b) the “total germination” and “hard seed’
may be stated as such, if desired.
(4) Net weight, except when in bulk.
(5) The name and address of the person who sells, or who labels
offers, or exposes for sale, such seed within this State.
(6) The labeling requirements for vegetable seeds sold from oper
containers shall be deemed to have been met if the seed is weighed from ¢
properly labeled container in the presence of the purchaser.
(E) For screenings:
Seeds or screenings which contain more than two per centum by
weight weed seeds, prohibited noxious-weed seeds or restricted noxious.
weed seeds in excess of the amounts prescribed by rules and regulations
promulgated under this chapter when offered for sale or distribution in this
State must be plainly labeled in such a way as to unmistakably indicate t
the purchaser that such seeds or screenings are not for seeding purposes.
3.1-265. Prohibitions.—It shall be unlawful for any person:
I. To transport, to offer for transportation, to sell, offer for sale o1
expose for sale, within this State:
(a) Agricultural or vegetable seeds for sowing purposes:
(1) Unless the germination test to determine the percentage of ger-
mination required by § 3.1-264 shall have been completed within a twelve
month period, exclusive of the calendar month in which the test was com-
pleted, prior to sale, exposure for sale, or offering for sale, or transportation.
(2) Not labeled in accordance with the provisions of this chapter, or
having a false or misleading labeling or claim.
| 3) Pertaining to which there has been a false or misleading adver-
tisement.
(4) Consisting of, or containing prohibited noxious-weed seeds in any
amount whatsoever (tolerance not permitted). ;
(5) Containing restricted noxious-weed seeds, except as prescribed by
rules and regulations promulgated under this article. ;
(6) Containing weed seeds in excess of two per centum by weight.
(7) That have been treated and not labeled as required.
_ (8) To which there is affixed names or terms that create a misleading
impression as to the kind, kind and variety, history, productivity, quality,
or origin of the seed.
(9) Represented to be certified, registered, or foundation seed, unless
it has been produced, processed and labeled in accordance with the proce-
dures and in compliance with rules and regulations of an officially recog-
nized certifying agency.
(10) Represented to be a hybrid unless such seed conforms to the
definition of a hybrid as defined in this article.
(11) Hybrid seed from a crop which has been inspected in the field
by a duly authorized inspector and rejected because of failure to conform to
the controlled conditions as specified by rules and regulations promulgated
pursuant to the provisions of this article.
(12) Unless it conforms to the definition of a “lot.” ;
- (b) Screenings; unless labeled as provided in § 3.1-264 (E) of this
article.
II. To detach, alter, deface, or destroy any label provided for in this
chapter or the rules and regulations promulgated thereunder, or to alter or
substitute seed, in any manner that may defeat the purpose of the provi-
sions of this article.
III. To disseminate false or misleading advertisement in any manner
concerning agricultural seeds, vegetable seeds, or screenings.
IV. To hinder or obstruct in any manner an authorized agent of the
Commissioner in the performance of his duties.
V. To fail to comply with, or to supply inaccurate information in reply
to, a stop sale order, or to remove tags attached to, or to dispose of seed or
screenings held under such order except as specified by the enforcement
officer.
VI. To use the name of the Department of Agriculture or the results of
tests and inspections made by the Department for advertising purposes.
VII. To use the words “type” or “trace” in lieu of information re-
quired by this article.
VIII. To label and offer for sale seed under the scope of this chapter
without keeping complete records as specified in § $.1-266.
§ 3.1-266. Records.—All persons transporting or delivering for
transportation intrastate agricultural seeds shall keep for a period of two
years a complete record of origin, germination, purity, variety, and treat-
ment of each lot of agricultural seed offered, and the Commissioner or his
duly authorized agents shall have the right to inspect such records for the
purpose of the effective administration of this article.
§ 3.1-267. Exemptions.—(a) The provisions of §§ 8.1-264 and
8.1-265 do not apply:
(1) To seed or grain sold or represented to be sold for purposes other
than for seeding, except as required by § 3.1-264 (E).
(2) To seed for processing when consigned to, being transported to,
or stored in a processing establishment; provided, that the invoice or label-
ing accompanying said seed bears the statement “Seed for processing,
and provided further that other labeling or representation which may be
made with respect to the uncleaned or unprocessed seed shall be subject to
this chapter. ;
(3) To any carrier in respect to any seed or screenings transported or
delivered for transportation in the ordinary course of its business as a
carrier ; provided, that such carrier is not engaged in producing, processing
or marketing agricultural or vegetable seeds or screenings subject to this
article.
(4) To untested seed sold on his own premises by a grower who sells
only seed produced by him, which seed when sold or delivered shall bear the
label on each package or bag as follows: “These seeds have not been
tested.” Provided, however, that any labeling or representation which may
be made in respect to such seed shall be subject to this article. _
(b) No person shall be subject to the penalties of this article for hav-
ing sold, offered or exposed for sale in this State agricultural or vegetable
seeds, which were incorrectly labeled or represented as to kind, variety, or
origin, which seed cannot be identified by examination thereof, unless he
has failed to obtain an invoice or grower’s declaration or other labeling
information and to take such other precautions as may be reasonable to
insure the identity to be that stated.
§ 3.1-268. Disclaimers, nonwarranties and limited warranties.—A
disclaimer, nonwarranty, or limited warranty used in any invoice, adver-
tising, labeling, or written, printed or graphic matter pertaining to any
seed shall not directly or indirectly deny or modify any information re-
quired by this article or the rules and regulations promulgated thereunder.
§ 3.1-269. Tolerances to be established and used in enforcement.—
Due to recognized variations which occur between two analyses or tests
and likewise between label statements and the results of subsequent anal-
yses and tests, tolerances which are to be established by appropriate rules
and renniauions shall be employed in the enforcement of the provisions of
is article.
§ 3.1-270. Duties and authority of Commissioner.—(A) The duty
of enforcing this article and carrying out its provisions and requirements is
vested in the Commissioner. It is the duty of such officer, who may act
through his authorized agents:
(1) To sample, inspect, analyze, and test agricultural and vegetable
seeds, and mixtures of such seeds transported, sold, offered or exposed for
sale within this State for sowing purposes and screenings for any purpose
whatsoever, at such time and place and to such extent as he may deem
necessary to determine whether such agricultural or vegetable seeds, mix-
ture of such seeds and screenings, are in compliance with the provisions of
this article, and if such seeds, mixtures of such seeds, or screenings are
found not to be in compliance with the provisions of this article, to notify
promptly the person who transported, sold, offered or exposed the seed for
sale, or who otherwise violated this article. . ;
(B) Further, for the purpose of carrying out the provisions of this
article the Commissioner through his authorized agents, is authorized:
(1) To enter upon public premises or private premises during business
hours in order to have access to seeds, mixtures of such seeds, “screenings,”
and the records connected therewith subject to this article and the rules
and regulations thereunder; and any truck or other conveyor by land, by
water, or by air at any time when such conveyor is accessible, for the same
urpose;
(2) To issue and enforce a written or printed “stop sale” order to the
owner or custodian of any lot of agricultural or vegetable seed, mixtures of
such seeds, or “screenings,” the Commissioner finds is in violation of any of
the provisions of this article which order shall prohibit further sale of such
seeds, mixtures of seeds, or “screenings” until the Commissioner has evi-
dence that the law has been complied with; provided, that in respect to
seeds, mixtures, or “screenings,” which have been denied sale as provided
in this paragraph, the owner or custodian of such seeds, mixtures or
“screenings,” shall have the right to appeal from such order to a court of
competent jurisdiction in the county or city where the seeds, mixtures of
such seeds, or “screenings” are found, praying for a Judgment as to the
justification of said order, and for the discharge of such seeds, mixtures,
or “screenings” from the order prohibiting the sale in accordance with the
findings of the court; and provided further, that the provisions of this
paragraph shall not be construed as limiting the right of the enforcement
officer to proceed as otherwise authorized by the provisions of this article;
(3) To establish and maintain or make provisions for seed testing
facilities, to employ qualified persons, and to incur such expenses, including
those incurred in the purchase of seed, as may be necessary ;
(4) To make or provide for making purity and germination tests of
seed for farmers and dealers on request subject to such quotas as the Com-
missioner may establish and to prescribe rules and regulations governing
such testing; and if he deems it advisable or necessary, to fix and collect
charges for the tests made, paying into the treasury of Virginia all fees so
collected into a Special Fund Account, and are hereby appropriated to be
used at the discretion of the Commissioner for such part or parts of the
costs of the testing as he may deem advisable.
(5) To establish and maintain facilities for checking trueness to
variety; and to employ experts in order that seeds collected under the
provisions of this article may be tested for trueness to kind and variety,
and to cooperate with federal and State agencies relative to variety testing
in the laboratory, greenhouse and field;
(6) To publish the results of analyses, tests, examinations, studies,
and investigations made as authorized by this article, together with any
other information he may deem advisable;
(7) To cooperate with the United States Department of Agriculture
in seed law enforcement;
(8) To require at his discretion the registration of any variety or
hybrid which is to be offered for sale under the provisions of this article
and rules and regulations promulgated thereunder, furnishing: (a) The
recognized variety name or recognized hybrid designation of such variety
or hybrid, (b) a one thousand viable seed sample of such seed, and (c) the
history of its development and the name of the person who developed such
variety or hybrid and first introduced it for production and sale:
(9) To require the registration annually of all fields planted for the
production of hybrid seed on or before June twentieth and to provide for
inspection of such fields at his discretion.
(C) For the purpose of protecting the rights of hybrid breeders, the
Commissioner may, upon request, provide by regulations for the registra-
tion of the pedigree of any hybrid produced or sold in Virginia.
§ 3.1-271. The Board of Agriculture and Immigration is authorized
to prescribe and adopt rules and regulations governing (a) methods of
sampling, (b) methods of inspection, (c) methods of testing (in the labora-
tory and in the field) agricultural and vegetable seeds, mixtures of such
seeds and “screenings,” (d) the establishment of standards, (e) the estab-
lishment of code designations, and (f) the establishment of tolerances to be
followed in the administration of this chapter, which shall be in general
accord with officially prescribed practice in interstate commerce, and such
other rules and regulations as may be necessary to secure the efficient
enforcement of this article.
The Board is authorized to prescribe and adopt, add to or subtract
therefrom, by rules and regulations, prohibited and restricted noxious-weed
seed lists.
§ 3.1-272. Seizure; disposition of seeds.—Any lot of agricultural or
vegetable seeds, mixtures of such seeds, or ‘“‘screenings” being sold, exposed
for sale, offered for sale, or held with intent to sell in this State contrary to
the provisions of this article shall be subject to seizure on complaint of the
Commissioner to a court of competent jurisdiction in the county or city in
which the seeds, mixtures of such seeds, or “screenings” are located. In the
event the court finds the seeds, mixtures of such seeds, or “screenings” to
be in violation of the provisions of this article and orders the condemnation
thereof, such seeds, mixtures of such seeds, or “screenings” shall be de-
natured, processed, destroyed, relabeled, or otherwise disposed of in com-
pliance with the laws of this State; provided, that in no instance shall such
disposition of the seeds, mixtures of such seeds, or “screenings,” be ordered
by the court without first having given the claimant an opportunity to
apply to the court for the release of the seeds, mixtures of such seeds, or
“screenings,” or permission to process or relabel to bring them into com-
pliance with the provisions of this article.
Article 2
State Certified Seed Commission
§ 3.1-273. Penalty for violation—Every violation of the provisions
of this article shall be deemed a misdemeanor punishable by a fine not
exceeding one hundred dollars for the first offense, and not exceeding two
hundred fifty dollars for each subsequent offense.
§ 3.1-274. Notice of violations; hearings; prosecution or warning.—
It shall be the duty of the Commissioner to give notice of every violation
of the provisions of this article with respect to agricultural or vegetable
seed, mixtures of such seeds or “screenings” to the person in whose hands
such seed or “screenings” are found, and to send a copy of such notice
to the person whose “analysis tag or label” is attached to the container
of such seed or “‘screenings,” designating a time and place for hearing. If,
after hearing, or without such hearing in the event the person fails or
refuses to appear, the Commissioner is of the opinion that the evidence
warrants prosecution, he may prosecute under § 3.1-273, or, if he believes
the public interest will be adequately served thereby, he may direct to the
alleged violator a suitable written notice or warning.
§ 3.1-275. Guaranty of farm or garden seed; seller bound by written
or printed statements.—All seedsmen and others who sell farm or garden
seeds to be used in producing crops for sale or for family use shall be
bound as guarantors that such seeds are true to kind and variety as
represented at the time of sale, whether such seeds were raised by the
seller or by another; and if such seeds are sold by an agent the principal
shall be bound by the representations of the agent in regard to the kind
and variety of the seed so sold.
If any paper or package containing seed sold in this State for planting
or seeding has printed or written thereon the kind, variety, or quality of
the seeds therein the seller shall be bound in the courts of this Common-
wealth by the same written or printed statement unless it be affirmatively
proved that there was some other agreement between the parties in respect
ereto.
§ 3.1-276. Commission continued; composition; quorum; chair-
man.—The commission known as the State Certified Seed Commission,
hereinafter in this article sometimes called the “Commission,” is continued
and is hereby established as a unit of and within the Virginia Agricultural
Extension Division of the Virginia Polytechnic Institute. |
The Commissioner of Agriculture and Immigration, the Director of
the Agricultural Experiment Station at Blacksburg, the Director of such
Extension Division, and the Head of the Agronomy Department, of tne
Virginia Polytechnic Institute, shall serve, ex officio, as members of the
Commission and in addition one member of the Virginia Seedsmen’s As-
sociation and one member of the Virginia Crop Improvement Association
shall be appointed by the Governor. Such appointments may be made
from, but shall not be limited to, lists of three names nominated by each
such Association. Members shall serve on the Commission for terms of
three years commencing with the date of appointment. The Governor's
appointments shall be made within thirty days of the occurrence of any
vacancy. A majority of the members of the Commission shall constitute
a quorum. One of the members shall be elected chairman.
§ 3.1-277. Powers enumerated.—The Commission shall: ;
(1) Set up and define the standards for the certification of agricul-
tural seed and of vegetable seed as defined in § 3.1-263, and of tubers used
for seeding purposes ;
(2) Provide for their certification and procurement ;
(3) Adopt brands; oo.
(4) Select, by general regulation and systematic examination, pro-
ducers of certified seed ; _.
(5) Appoint a chief of field forces, who, under the supervision and di-
rection of the Director of the Agricultural Extension Division of the Vir-
ginia Polytechnic Institute, shall have supervision and authority over the
field staff, and by and with the advice and recommendation of the chief
of field forces, such additional field men as are necessary; a full time ad-
ministrative secretary who, under the direction of the chief of field forces,
shall have charge of all clerical assistants and all records and official files
of the Commission.
_ All appointees shall be subject to removal at the pleasure of the Com-
mission.
§ 3.1-278. Compensation and expenses.—The members of the Com-
mission shall serve without compensation, but shall be reimbursed for
their actual traveling and other necessary expenses incurred in the perfor-
mance of their duties hereunder. The Commission shall have power to fix
the compensation of its employees within the appropriations made for
such purposes and subject to the current provisions of law as to compen-
sation of officers and employees of the Commonwealth. Salaries and ex-
penses shall be paid by the Treasurer, on warrants of the Comptroller,
issued on vouchers signed by the chairman of, or by such other person
or persons designated by, the Commission.
3.1-279. Office; meetings.—The Commission shall maintain an of-
fice in Blacksburg from which place its duties shall be performed and it
is authorized to procure the necessary quarters and office equipment, pay-
ment for which shall be as in other cases of like character. Meetings of
the Commission shall be held, upon the call of the chairman, in Blacksburg
or at such other place as designated in the call.
§ 3.1-280. Rules and regulations.—The Commission shall have au-
thority to promulgate reasonable rules and regulations, after a public
hearing and investigation, and upon due publication of notice of the general
object, time, and place, at least fifteen days before the date fixed for the
hearing, in a newspaper of general circulation published in the city of
Richmond, together with such other dissemination of notice as is deemed
advisable, governing the certifying, branding and labeling of seed, and the
tagging of certified seeds, other than those now provided by law. Such
rules and regulations shall be reasonably adapted to the promotion of the
objects of this and other laws on the subject, and of the agricultural in-
terests of the State.
§ 3.1-281. Fees for use of brands, labels and tags.—The Commission
shall have authority to fix and prescribe fees for use of brands, labels, and
tags which it adopts, and the proceeds from which shall be used as &
supplement to any appropriation for administrative purposes. Such fees,
if any, shall be paid into the general fund of the State treasury and dis-
bursed therefrom as provided by law.
8 3.1-282. Commission to encourge production and use of certified
seed: cooperation or marketing systems; control of standards, grades and
distribution, etc—The Commission shall encourage the production and
use of certified seed as an economic measure when consistent with a fair
profit for the certified seed producer. It shall also consider and advise
cooperation of marketing systems for certified seed producers, through
seed dealers or cooperative warehouses, control standards and grades
and distribution of certified seed stocks other than through private sales by
producers, make as far as possible all certified seed stocks available for
market demands through pooling or other means, insure to all pro-
ducers, as far as possible, uniform percentage sales, and distribute among
producers on a fair basis the carry-over of unsold certified seed stocks for
sale and distribution commercially as far as feasible. The uniform ob-
servance of the rules and regulations, and all matters of policy and control
in the production of certified seed shall be carried out by the Commission
through the chief of the field staff and his assistants, and it shall cooperate
with State and other agencies engaged in similar work.
§ 8.1-288. Illegal use of word “certified”; who may make certifica-
tion; standards; penalty.—(a) It shall be unlawful for any person, firm
or corporation to use, orally or in writing, relative to any agricultural or
vegetable seeds, or any tubers for seeding purposes, or plants, sold or ad-
vertised 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
suggests that there has been inspection and certification, or either, unless
such seeds or tubers or plants have been certified as herein provided.
(b) If such seeds or tubers or plants were produced in another state
or in a foreign country, certification by the legally constituted inspection
officials of such state or country or of the United States shall be sufficient,
if accepted by the Commission; but if such seeds or tubers or plants were
produced in Virginia, certification shall be by the producers under au-
thorization of the Commission, or its duly authorized inspectors or agents,
or by such other agency as the Commission shall designate; except in case
of certificates issued by the State Department of Agriculture and Immigra-
tion in its regulatory work as authorized by law. The Commission shall
adopt and promulgate appropriate standards of health, vigor, purity and
type for certifying such seeds, tubers and plants as are suited to the needs
of agriculture in this State.
(c) Any person who violates any of the provisions of this section, shall
be guilty of a misdemeanor, and upon conviction shall be punished by a
fine not to exceed five hundred dollars. Each violation shall constitute
a separate offense.
§ 3.1-284. Certification by Department, Commissioner or Board not
affected.—Nothing contained in this chapter shall be construed to regu-
late, restrict or affect in any way whatsoever the certification of seeds,
plants and other materials, or the use of the term “certified” or other sim-
ilar words, by the Department of Agriculture and Immigration, the Com-
missioner, or the Board, in its or their regulatory work, as authorized by
law.