Chap. 386.—An ACT to amend and re-enact sections 1245, 1246, 1247 and
1248 of the Code of Virginia. [H B 64]

Approved March 24, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tions one thousand two hundred and forty-five, one thousand two
hundred and forty-six, one thousand two hundred and forty-seven
and one thousand two hundred and forty-eight of the Code of Vir-
ginia be amended and re-enacted so as to read as follows:

Section 1245. Dairy and food commissioner to cause to be col-
lected and analyzed samples of condimental stock and poultry foods,
et cetera; power to make appointments.—The dairy and food com-
missioner shall cause to be collected from time to time, and under
the rules and regulations prescribed by him, with the approval of the
commissioner and board of agriculture and immigration in accord-
ance with the provisions of this section, samples of condimental stock
and poultry foods and powders, and patented, proprietary or trade-
mark stock and poultry foods and powders, and liquid preparations
of like kind or intended for like purposes, for which a nutritive value
combined with a medicinal property is claimed, or for which either
a nutritive or a medicinal 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 pub-
lication 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 section, the dairy and food commissioner shall, with
the approval of the commissioner and the board, make such appoint-
ments as may be necessary, and the board shall fix the compensation
of such appointees.

Section 1246. Manufacturers, dealers, et cetera, to make appli-
cation to sell condimental stock and poultry foods, et cetera; inspec-
tion fee; certificate; disposition of fees—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, and liquid
preparations of like kind or intended for like purposes he, or they
shall for each and every brand of condimental stock and poultry food
or powder, and for each and every brand of patented, proprietary
or trademark stock and poultry food and powders and liquid prep-
arations of like kind or intended for like purposes, for which a nutri-
tive value combined with a medicinal property is claimed, or for
which cither a nutritive or a medicinal property is claimed, or which
is intended 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 commis-
sioner at the time of making application to sell, an inspection fee of
twenty dollars for each and every brand of condimental foods and
powders and each brand of patented, proprietary or trademark stock
and poultry food and powders, and each brand of liquid preparations
of like kind or intended for like purposes, 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 defraying the costs of taking samples and making such
examinations and analyses as is provided for in the preceding section.
The dairy and food commissioner shall issue, on receipt of the proper
application and inspection fee or fees, a certificate granting the right
to sell in this State, the article or articles for which certificate was
issued, which certificate shall terminate on the last day of the calen-
dar year in which issued. The money collected for inspection fees
under the provisions of this section shall be paid into the State treas-
ury, and be used to help defray the expenses of the office of the dairy
and food commissioner, in addition to the regular appropriation
therefor.

Section 1247. If manufacturer or importer, et cetera, has paid
inspection fee, no agent or seller need pay it—Whenever a manu-
facturer, importer, agent or jobber of any condimental stock or poul-
try food, powders or liquids, described in the preceding section, shall
have paid the inspection fee or fees provided therein, no agent or
seller of such manufacturer, importer or jobber, shall be required to
pay such fee.

Section 1248. If foods or powders are not labeled correctly, or if
they contain deleterious substances, commissioner may decline to
issue certificate or to declare forfeited one already granted.—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 poultry foods, powders, or
liquids as are described in section twelve hundred and forty-five, if
each package of said foods and powders are not labeled in accord-
ance with the rules and regulations prescribed by the dairy and food
commissioner, with the approval of the commissioner and board of
agriculture 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 recom-
mended.