Chap. 151.—An ACT to prevent the manufacture or sale of adulterated, mis-
branded, poisonous or deleterious stock and cattle feeds, and to repeal
section 15 and subsections a, b, c, d, e, f and g of said section 15, chapter
188, acts of assembly, 1908, approved March 11, 1908, and to repeal all
other laws in conflict with this act, in so far only as they may be in
conflict with the provisions of this act.

Approved March 14, 1910.

1. Be it enacted by the general assembly of Virginia, That for the
purpose of protecting the people of the State from imposition by the
adulterating and misbranding of concentrated commercial feeding
stuffs, the dairy and food commissioner shall cause to be procured from
time to time, and under the rules and regulations to be prescribed by
him, with the approval of the commissioner and board of agriculture and
Immigration, in accordance with the provisions of this act, samples of
concentrated commercial feeding stuffs exposed or offered for sale in
this State, and shall cause the same to be analyzed and examined micro-
scopically or otherwise by the chemists or other experts of the depart-
ment of agriculture and immigration; and he is hereby authorized to
make such publication of the results of the examination, analyses, and
so forth, as he may deem proper; and for the proper execution of the
provisions of this act the dairy and food commissioner shall, with the
approval of the commissioner and the board, make such appointments
as may be necessary, and the board shall fix the compensation of such
appointees.

2. That any person, firm or corporation, either directly or through
any agent, who shall manufacture, sell, expose for sale, or have in his
possession with intent to sell, any concentrated commercial feeding
stuff which is adulterated or mispranded within the meaning of this
act, or within the rules and regulations prescribed in accordance with
the provisions of this act by the dairy and food commissioner, with the
approval of the commissioner and board of agriculture and immigra-
tion, or who shall violate any of the provisions of this act, shall be guilty
of a misdemeanor, and for such offense shall be fined not exceeding two
hundred dollars for the first offense, and for each subsequent offense
not exceeding three hundred dollars, or be imprisoned not exceeding
one year, or both fine and imprisonment, in the discretion of the court;
and such fines, less legal costs and charges, shall be paid into the treas-
ury of the State.

3. That the chemists or other experts of the department of agricul-
ture and immigration shall make, by the methods in use at the time
by the association of agricultural chemists of the United States, exami-
nations of specimens of concentrated commercial feeding stuffs exposed
or offered for sale in Virginia, which may be collected from time to time
as prescribed by this act in various parts of the State; and if it shall
appear from any such examination that any such specimen is adulter-
ated or misbranded within the meaning of this act, or the rules and regu-
lations prescribed by the dairy and food commissioner, that notice
thereof shall be given to the manufacturer, guarantor, or person from
whom the sample was obtained. Any person so notified shall be given
an opportunity to be heard under such rules and regulations as may be
prescribed by the dairy and food commissioner and the commissioner
and board of agriculture and immigration, and if it appears that any of
the provisions of this act have been violated, the dairy and food com-
missioner shall certify the facts to the Commonwealth’s attorney of the
city or county in which the sample was obtained, and furnish that
officer with a copy of the results of the analysis or other examinations
of such article, duly authenticated by the analyst or other officer mak-
ing such examination under the oath of such officer. In all prosecutions
arising under the provisions of this act the certificates of the analyst or
other officer making the analysis or examination, when duly sworn to
by such officer, shall be prima facie evidence of the fact or facts therein
certified.

4. That it shall be the duty of every Commonwealth’s attorney to
whom the dairy and food commissioner shall report any violation of the
provisions of this act to cause the proceedings to be commenced and
prosecuted without delay for the fines and penalties in such cases pre-
scribed.

5. That the term concentrated commercial feeding stuffs as used in
this act shall be held to include all feeds intended for feeding to live
stock and poultry, except hays, straws and corn stover, when the same
are not mixed with other materials; nor shall it apply to the whole un-
mixed seeds or grains of cereals when not mixed with other materials;
nor shall it include the pure by-products of wheat, known as mid-
dlings, shorts and bran, made from wheat only; nor the pure products
of corn, known as corn meal, hominy, grits and corn bran: provided,
that nothing contained in the foregoing provisions of this section shall
be construed to exempt any products intended for feeding to domestic
animals from a printed statement certifying the net weight of the
contents of the package, the name under which it is offered for sale,
and the name and address of the manufacturer of said product: pro-
vided, however, that when the products aforesaid shall be sold and de-
livered to the consumer at the place of manufacture, the miller or man-
ufacturer thereof shall not be required to furnish the printed statement
hereinbefore provided for; and provided further, that nothing in this
act shall be so construed as to apply to the by-products of wheat as
hereinbefore expressed, nor to corn meal, hominy, grits or corn bran,
when the sales thereof are made by farmers growing the wheat and
corn from which said products are made.

6. That every lot or parcel of concentrated commercial feeding stuff
sold, offered or exposed for sale within this State, shall have affixed
thereto, or printed thereon, in a conspicuous place on the outside
thereof, a legible and plainly printed statement, in the English lan-
guage, clearly and truly certifying the net weight of the package (pro-
vided that all concentrated commercial feeding stuffs shall be in stan-
dard-weight bags or packages of twenty-five, fifty, seventy-five, one hun-
dred, one hundred and twenty-five, one hundred and forty, one hundred
and fifty, one hundred and seventy-five and two hundred pounds); the
name, brand or trade-mark under which the article is sold; the name
and address of manufacturer, jobber or importer; the name of each and
all ingredients of which the article is composed; a guarantee that the
contents are pure and unadulterated and a statement of the maximum
percentage it contains of crude fiber and the minimum percentage of
crude fat and the minimum percentage of crude protein, allowing one
per centum of nitrogen to equal six and one-fourth per centum of pro-
tein; all three constituents to be determined by the methods in use at
the time by the association of official agricultural chemists of the United
States.

%. Each and every manufacturer, importer, jobber, agent or seller,
before selling, offering or exposing for sale in this State any concen-
trated commercial feeding stuff shall, for each and every feeding stuff
bearing a distinguishing name or trade-mark, file for registration with
the dairy and food commissioner a copy of the statement required in
section six of this act, and accompany said statement, on request, by a
sealed glass jar or bottle containing at least one pound of such feeding
stuff to be sold, exposed or offered for sale, which sample shall correspond
within reasonable limits to the feeding stuff which it represents in the
percentage of crude protein, crude fat, and crude fiber which it contains.

8. Whenever a manufacturer, importer or jobber of any concen-
trated commercial feeding stuff shall have filed a statement as required
by section seven of this act, no agent or seller of such manufacturer,
importer or jobber shall be required to file such statement.

9. The dairy and food commissioner shall have power to refuse to
register any concentrated commercial feeding stuff under a name which
would be misleading as to the materials of which it is composed, or
when the names of each and all of its ingredients are not stated, or if
the guarantees of the constituent parts of the feed do not meet the
standards adopted by the dairy and food commissioner, with the ap-
proval of the commissioner and the board of agriculture and immigra-
tion. Should any concentrated commercial feeding stuffs be regis-
tered, and if it is afterwards discovered that they are in violation of
any of the provisions of this act, the dairy and food commissioner shall
have the power to cancel such registration. The dairy and food com-
missioner shall also have the power to refuse to allow any manufacturer,
importer, jobber, dealer or agent to lower the guaranteed analysis or
change the ingredients of his or their feeds during a calendar year for
which registered, unless satisfactory reasons are presented for making
such change or changes.

10. The dairy and food commissioner, with the approval of the com-
missioner and board of agriculture and immigration, shall from time
to time adopt rules and regulations for carrying out the provisions of
this act, fix and publish standards or limits of variability permissible in
any article of concentrated commercial feeding stuff, and these stan-
dards, rules and regulations when so published, shall be standards for
Virginia before all courts, but said standards shall not go into effect
until a reasonable time after publication. The dairy and food commis-
sioner, with the approval of the commissioner and board of agriculture
and immigration, shall have authority to make uniform rules and regu-
lations for carrying out the provisions of this act.

11. Each and every manufacturer, jobber, importer, agent or seller
of any concentrated commercial feeding stuff, as defined in section five
of this act, shall pay the dairy and food commissioner an inspection tax
of fifteen cents per ton for each ton of such commercial feeding stuff
sold, offered or exposed for sale or distributed in this State, and shall
affix to or accompany each car shipped in bulk and to each bag, barrel
or other package of such concentrated commercial feeding stuff, a tag
or stamp to be furnished by the dairy and food commissioner stating that
all charges specified in this section have been paid: provided, when-
ever any concentrated commercial feeding stuff, as defined in section
five of this act, is kept for sale in bulk, stored in bins or otherwise, the
manufacturer, dealer, jobber or importer keeping the same for sale
shall keep on hand cards of proper size, upon which the statement or
statements required in section six of this act is or are plainly printed;
and if the feeding stuff is sold at retail in bulk, or if it is put up in
packages belonging to the purchaser, the manufacturer, dealer, jobber
or importer, shall furnish the purchaser upon request with one of said
cards, upon which is or are printed the statement or statements de-
scribed in this section, together with sufficient tax tags or stamp to cover
same: provided, that the inspection tax of fifteen cents per ton shall not
apply to unmixed whole seeds and grains when not mixed with other
materials: and provided also, that wheat and corn millers, their agents
and all distributers or dealers exposing for sale, selling or distributing
pure wheat middlings, shorts or bran, or pure corn meal, hominy, grits
or corn bran, exempted from the inspection fee of fifteen cents per ‘ton,
shall register with the dairy and food commissioner, on or before the
first day of July in each and every year, and at the time of such regis-
tration pay to the dairy and food commissioner a registration or inspection
fee as follows, namely: the wheat millers operating with a capacity of over
fifteen barrels and not over twenty-five barrels of flour per day, five
dollars; over twenty-five barrels and not over fifty barrels per day, ten
dollars; over fifty barrels and not over two hundred barrels per day, fif-
teen dollars; and all over two hundred barrels per day, twenty dollars;
and the corn millers operating with a capacity over ninety bushels of
meal per day and not over one hundred and fifty bushels per day, five
dollars; over one hundred and fifty bushels per day and not over three
hundred bushels, ten dollars; over three hundred bushels per day and
not over twelve hundred bushels, fifteen dollars; and over twelve hun-
dred bushels per day, twenty dollars; but when the manufacturer, agent
or shipper has paid the registration or inspection fee provided for in
this section no agent or seller of such manufacturer or shipper shall be
required to pay any additional registration or inspection fee for the
same year. It is further provided that, upon demand, all inspection
tags or stamps shall be redeemed by the dairy and food commissioner
upon surrender of same, accompanied by an affidavit that the same have
not been used, provided said tags or stamps are returned for redemption
within the time fixed by the board of agriculture and immigration. The
money collected under the provisions of this act shall be paid into the
State treasury to the credit of the department of agriculture and used
to help defray the expenses of the office of the dairy and food commis-
sioner in addition to the regular appropriation therefor: provided, that
nothing in this act shall be construed to restrict or prohibt the sale of
concentrated commercial feeding stuffs in bulk to each other by im-
porters, manufacturers, or manipulators who mix concentrated com-
mercial feeding stuffs for sale. The dairy and food commissioner 13
hereby empowered to prescribe the form of such tax tags or stamps.
12. Any manufacturer, importer, jobber, agent or dealer who shall
sell, offer or expose for sale or distribution in this State any concen-
trated commercial feeding stuff without having attached thereto or fur-
nished therewith such tax stamps, labels or tags a3 required by the pro-
visions of this act, or who shall use the required stamps, labels or tags a
second time to avoid the payment of the tonnage tax, or any manufac-
turer, importer, jobber, agent or dealer who shall counterfeit or use a
counterfeit of such tax stamps, labels, or tags, shall be guilty of a viola-
tion of the provisions of this act. |

13. Any manufacturer, importer, jobber, agent or dealer who shall
sell, offer or expose for sale or distribution in this State any concen-
trated commercial feeding stuff as defined in section five of this act,
without complying with the requirements of the provisions of this act,
or who shall sell, offer or expose for sale or distribution any concen-
trated commercial feeding stuff which contains substantially a smaller
percentage of crude protein, or crude fat, or a larger pereentage of crude
fiber, than certified to be contained, or who shall mix or adulterate any
feeding stuff with foreign, mineral or other substance or substances,
snch as rice chaff, or hulls, peanut shells, corn cobs, oat hulls, cotton
seed hulls, buckwheat hulls, weed seeds, elevator chaff, screenings, flax
plant refuse, or similar materials of little or no feeding value, or with
substances injurious to the health of domestic animals, shall be guilty
of a violation of this act, and in addition to the penalty provided in
paragraph two of the law, the lot of feeding stuff shall be subject to
seizure, condemnation or sale as the court may direct; the proceeds
from such sales to be covered into the State treasury. The court, how-
ever, may in its discretion release the feeding stuff so withdrawn when
the requirements of the provisions of this act have been complied with,
and upon payment of all costs and expenses incurred by the State in
any proceedings connected with such seizure and withdrawal.

14. The dairy and food commissioner, together with his deputies,
agents, and assistants, shall have free access to all places of business,
mills, buildings, carriages, cars, vessels and packages of whatsoever kind
used in the manufacture, transportation, importation or sale of any
concentrated commercial feeding stuff, and shall have power and author-
ity to open any package containing or supposed to contain any concen-
trated commercial feeding stuff; and, upon tender and full payment
of the selling price of said sample, to take therefrom, in the manner
hereinafter prescribed, samples for analysis; and he shall annually
cause to be analyzed, in his discretion, at least one sample so taken of
every concentrated commercial feeding stuff that is found, sold, offered
or exposed for sale in this State under the provisions of this act. Said
sample, not Jess than one-fourth pound in weight, shall be taken from
not less than ten bags or packages, or, if there be less than ten bags or
packages, then the sample shall be taken from each bag or package, if
it be in bag or package form, or if such feeding stuff be in bulk, then it
shall be taken from ten different places in the lot. The dairy and food
commissioner is hereby authorized to publish from time to time, in re-
ports or bulletins, the results of the analysis of such sample or samples,
together with such additional information as circumstances advise:
provided, however, that if such sample or samples as analyzed bv the
analyst differ from the statement prescribed in section six of this act,
then at least thirty days before publication of the results of such analysis
the dairy and food commissioner may give written notice of such re-
sults to the manufacturer, importer, avert or jebber of such feeding
stuff, if the name and address of the manufacturer, jobber or importer
be known.

15. Any manufacturer, importer, jobber, agent or dealer who refuses
to comply with the requirements of the provisions of this act, or any
manufacturer, importer, jobber, agent or dealer or person who shall
impede, obstruct, hinder or otherwise prevent or attempt to prevent any
chemist, inspector or other authorized agents in the performance of
his duty in connection with the provisions of this act, shall be guilty of
a violation of the provisions of this act.

15a. All expenses incurred by the dairy and food commissioner in
the conduct of his office shall be paid by the treasurer of the State out
of the fund to the credit of the department of agriculture, upon war-
rants drawn on the auditor of public accounts by the dairy and food
commissioner, countersigned by the commissioner of agriculture, and
which shall be approved and audited by the board of agriculture.

16. Section fifteen and subsections a, b, c, d, e, f and g of said
section, chapter one hundred and eighty-eight, acts of assembly, nine-
teen hundred and eight, entitled an act concerning the appointment of
a dairy and food commissioner within the department of agriculture
and immigration, and imposing penalties for its violation, approved
March eleventh, nineteen hundred and eight, and all other laws in con-
flict with this act, in so far only as they may be in conflict with the pro-
visions of this act, be, and the same are hereby, repealed.