CHAP. 174.—An ACT to amend and re-enact an act entitled “an act to
license and regulate the sale and inspection of condimental stock and
poultry foods and powders intended for domestic animals and poultry,”
approved March 17, 1910.

Approved March 13, 1912.

1. Be it enacted by the general assembly of Virginia, That
the dairy and food commissioner shall cause to be collected from
time to time, and under the rules and regulations to be pre-
scribed by him, with the approval of a board of agriculture and
Immigration in accordance with the provisions of this act, sam-
ples of condimental stock and poultry foods and powders and
patented, proprietary or trade mark stock and poultry foods and
powders, for which a nutritive value combined with a medicinal
property is claimed, or for which either a nutritive or a medici-
nal property is claimed, or which is intended as an alterative
or tonic for horses, cattle, swine or poultry, and which are found
exposed or offered for sale in this State, and shall cause same
to be analyzed and examined microscopically or otherwise by the
chemists or other experts of the department of agriculture and
immigration, and he is hereby authorized to make such publica-
tion of the results of the examination, analysis, and so forth,
as he may deem proper; and for the proper execution of the pro-
visions of this act, the dairy and food commissioner shall, with
the approval of the commissioner and the board, make such ap-
pointments as may be necessary, and the board shall fix the com-
pensation of such appointees.

2. Before any manufacturer, company, person or persons
shall sell, offer or expose for sale in this State any condimental
stock and poultry food or powder, he, or they, shall for each and
every brand of condimental stock and poultry food or powder,
and for each brand of patented, proprietary or trade mark stock
and poultry foods and powders for which a nutritive value com-
bined with a medicinal property is claimed, or for which either
a nutritive or a medicinal property is claimed, or which is in-
tended as an alterative or tonic for horses, cattle, swine or
poultry, make application to the dairy and food commissioner
to sell the same, and shall pay annually to the dairy and food
commissioner at the time of making application to sell, an inspec-
tion fee of twenty dollars for each and every brand of condimen-
tal foods and powders he or they may desire to offer for sale in
this State, said fee or fees so paid to be used for the purpose of
defraving the costs of taking samples and making such examina-
tions and analyses as 1s provided for in section one of this act.
The dairy and food commissioner shall issue, on receipt of the
proper application and inspection fee or fees, a certificate grant-
ing the right to sell in this State, the article or articles for which
certificate Was issued, which certificate shall terminate on the
last dav of the calendar year in which issued. The money col-
lected for inspection fees under the provisions of this act shall
be paid into the State treasury, and be used to help defray the
expenses of the office of the dairy and food commissioner, in ad-
dition to the regular appropriation therefor.

2. (a) Whenever a manufacturer, importer, agent or job-
ber of any condimental stock or poultry food or powders, de-
scribed in section two of this act, shall have paid the inspection
fee or fees provided therein, no agent or seller of such manu-
facturer, importer or jobber, shall be required to pay such fee.

3. The dairy and food commissioner shall have the power
to decline to issue a certificate, or to declare forfeited a certificate
already granted for the sale of such condimental stock and poul-
try foods or powders as are described in section one of this act,
if each package of said toods and powders are not labeled in ac-
cordance with the rules and regulations prescribed by the dairy
and food commissioner, with the approval of the board of agri-
culture and immigration, or if such foods and powders contain
any substance or substances which may prove deleterious or
harmful when used for the purpose or purposes for which they
are recommended.

4. That any manufacturer, company, person or persons who
shall violate any of the provisions of the foregoing section two
of this act shall be guilty of a misdemeanor, and for such offense
shall be fined twenty dollars tor the first cffense, and not ex-
ceeding one hundred dollars for each subsequent offense, or be
imprisoned not exceeding three months, or both fine and impris-
onment, in the discretion of the court, and such fine, less legal
costs and charges, shall be paid into the treasury of the State.

5. This act shall take effect immediately after its passage.