Chap. 131.—An ACT to amend an act entitled an act to define ardent spirits
and to prohibit the manufacture, use, sale, offering for sale, transportation,
keeping for sale, and giving away of ardent spirits, or drugs, as herein
defined, except as provided herein; declaring certain ardent spirits contra-
band, and prescribing procedure for search therefor and forfeiture thereof;
to prohibit advertisement of such ardent spirits; to prescribe the jurisdic-
tion for trial and appeals of cases arising under this act; to prescribe the
force and effect of certain evidence and prosecutions for violation of this
act; to create the office of commissioner of prohibition and to define his
duties and powers and compensation; defining intoxication and who is a
person of intemperate habits within the meaning of this act; prescribing
a penalty for intoxication; prescribing certain rules of evidence in certain
prosecutions under this act; defining soft drinks, providing how they may
be sold, regulating the sale of toilet, antiseptic. preparations, patent and
proprietary medicines and flavoring extracts; exempting certain counties
and cities from certain provisions of this act and authorizing additional
restrictions and limitations beyond the provisions of this act as to sale,
manufacture or delivery of ardent spirits in certain counties and cities;
to provide for the enforcement of this act and to prescribe penalties for
the violation of this act; to appropriate out of the treasury of the State
necessary moneys for the enforcement of this act; and to repeal chapter
146 of Acts of Assembly, 1916, approved March 10, 1916, and all other acts
or parts of acts in conflict with this act, approved March 19, 1918, by adding
a new section thereto. [S B 137]

Approved March 4, 1920.

1. Be it enacted by the general assembly of Virginia, That an
entitled an act to define ardent spirits and to prohibit the manu-
ture, use, sale, offering for sale, transportation, keeping for sale,
giving away of ardent spirits, or drugs, as herein defined, except
provided herein; declaring certain ardent spirits contraband, and
scribing procedure for search therefor and forfeiture thereof; to
hibit advertisement of such ardent spirits; to prescribe the juris-
‘ion for trail and appeals of cases arising under this act; to pre-
be the force and effect of certain evidence and’ prosecutions for
lation of this act; to create the office of commissioner of prohi-
on and to define his duties and powers and compensation; defining
yxication and who is a person of intemperate habits within the
ining of this act; prescribing a penalty for intoxication; prescrib-
certain rules of evidence in certain prosecutions under this act;
ning soft drinks, providing how they may be sold, regulating the
- of toilet, antiseptic preparations, patent and proprietary medi-
s, and flavoring extracts, exempting certain counties and cities
from certain provisions of this act and authorizing additional restric-
tions and limitations beyond the provisions of this act as to sale,
manufacture or delivery of ardent spirits in certain counties and cities ;
to provide for the enforcement of this act and to prescribe penalties
for the violation of this act; to appropriate out of the treasury of
the State necessary moneys for the enforcement of this act; and to
repeal chapter one hundred and forty-six of acts of assembly nine-
teen. hundred and sixteen, approved March tenth, nineteen hundred
and sixteen, and all other acts or parts of acts in conflict with this
act, approved March nineteenth, nineteen hundred and eighteen, be
amended by adding a new section thereto to read as follows:

Sec. 8-f. To provide for the transportation of wine into Virginia
in interstate commerce and its use in the manufacture of beverages
containing less than one-half of one per centum of alcohol by volume.
When permjtted—Nothing in this act shall be construed to prevent
the transportation into the State of Virginia in interstate commerce
of liquids such as wines, fruit juices, or other materials permitted
to be used, and transported under the provisions of the national pro-
hibition act, and its use in the manufacture of beverages containing
less than one-half of one per centum of alcohol of volume, under re-
strictions and provisions as follows: A manufacturer, who has been
licensed under the laws of the State of Virginia as a manufacturer of
flavoring extracts, etc., and of any beverage containing less than one-
half of one per centum of alcohol by volume may, on making appli-
cation and giving such bond as the commissioner of prohibition may
prescribe, be given a permit to develop in the manufacture thereof
by the usual methods of fermentation and fortification, or to trans-
port in interstate commerce into the State of Virginia liquids such
as wines, fruit juices or other materials permitted to be used and
transported under the provisions of the national prohibition laws, con-
taining more than one-half of one per centum of alcohol by volume,
but before any such liquid is withdrawn from the factory or other-
wise disposed of the alcoholic contents thereof shall, under such rules
and regulations as the commissioner of prohibition may prescribe, be
reduced below one-half of one per centum of alcohol by volume, pro-
vided that such liquid shall be transported into the State of Virginia
in interstate commerce and may be removed, under such bond, and
under such other regulations as the commissioner of prohibition may
prescribe, from one bonded plant or warehouse to another for the
purpose of having the alcohol extracted therefrom, the alcohol so ex-
tracted may, under rules and regulations prescribed by the commis-
sioner of prohibition of Virginia, be used for any purpose permitted
under the laws of the State of Virginia.

In any case where the manufacturer, having been permitted by
the commissioner of prohibition to transport into Virginia or develop
by the usual methods of fermentation or fortification liquids such as
wines, fruit juices, or other materials permitted to be used or trans-
ported under the provisions of the national prohibition laws, contain-
ing more than one-half of one per centum of alcohol by volume, in
the manner and for the purpose herein provided, is charged with fail-
ure to reduce the alcoholic contents of any such liquid below one-
half of one per centum before withdrawing the same from the factory,
then in such case the burden of proof shall be on such manufacturer
to show that such liquid so manufactured, sold or withdrawn contains
less than one-half of one per centum of alcohol by volume. In any
suit or proceedings involving the alcoholic contents of any such bev-
erage the reasonable expense of analysis of such beverage shall be
taxed ‘as costs in the case.