Chap. 145.—An ACT to amend and re-enact sections 5, 11, 19, 26 and 30 of
an act entitled -an act concerning weights and measures; and to repeal
sections 1464 to 1470, both inclusive, and sections 1472 to 1485, both in-
clusive, of the Code of Virginia, approved March 14, 1924, and to amend
the said act by adding thereto five new sections to be numbered sections
14, 16, 20, 22 and 2414. [H B 24]

Approved March 13, 1926.

1. Be it enacted by the general assembly of Virginia, That sec-
tions five, eleven, nineteen, twenty-six, and thirty of an act entitled
an act concerning weights and measures; and to repeal sections four-
teen hundred and sixty-four to fourteen hundred and seventy, both
inclusive, and sections fourteen hundred and seventy-two to fourteen
hundred and eighty-five, both inclusive, of the Code of Virginia,
approved March fourteenth, nineteen hundred and twenty-four, be
amended and re-enacted, and that the said act be amended by adding
thereto five new sections to be numbered sections fourteen, sixteen,
twenty, twenty-two and twenty-four and one-half, which amended
sections and new sections shall read as follows:

Section 5. The boards of supervisors of the respective counties,
and the councils or other governing bodies of the respective cities,
may appoint for their respective counties and cities a local sealer of
weights and measures; provided, however, that two or more counties
may appoint jointly for their respective counties and towns a local
sealer, subject to the approval of the State director of weights and
measures; and provided, further, that if in any particular city or
county the services of a full time local sealer be not required, the
council or board of supervisors of such city or county may appoint a
part time local sealer of weights and measures.

Local sealers appointed under this section shall hold office for such
terms, and shall receive such salaries, as the appointing power may
prescribe. The salaries herein provided for shall be paid out of the
county or city treasury, as the case may be, and no fee shall be charged
by the local sealer, or by the county or city, for inspecting, testing,
or sealing, or the repairing or adjusting of weights, measures, or
weighing or measuring, devices. Local sealers appointed under this
section may be removed at any time, by the authority which appointed
them, for non-feasance, misfeasance, or malfeasance in office.

Section 11. The superintendent of weights and measures and the
county and city sealers are hereby authorized and empowered to
seize for use as evidence, without formal warrant, any false or un-
sealed weight, measure, or weighing or measuring device or package
or amount of commodity found to be used, retained or offered or ex-
posed for sale or sold in violation of law.

That there is hereby conferred upon the superintendent, his assist-
ants and inspectors, police power for the purpose of carrying out the
provisions of this act only, and in the exercise of their duties they
shall upon demand, exhibit their badges to any person questioning
their authority, and they are authorized and empowered to make ar-
rests of any person violating any provisions of this act.

Section 14. It shall be unlawful to sell, except for immediate
consumption on the premises, liquid commodities in any other man-
ner than by weight or liquid measure, or commodities not liquid in
any other manner than by measure of length, by weight, or by numer-
ical count, unless otherwise agreed in writing by the mutual consent
of the buyer and seller; provided, however, that nothing in this sec-
tion shall be construed to prevent the sale of fruits, vegetables, and
other dry commodities in the standard barrel provided for in section
twenty-four; or of berries and small fruits in boxes as provided for
in section twenty-five; or of vegetables or fruits usually sold by the
head or bunch in this manner; provided, further, that nothing in this
section shall be construed to apply to foodstuffs put up in original
packages.

For the purpose of this section the term “original package”’ shall
be construed to include a commodity in a package, carton, case, can,
barrel, bottle, box, phial, or other receptacle, or in coverings or wrap-
pings of any kind, put up by the manufacturer, which may be labeled,
branded, or stenciled, or otherwise marked, or which may be suitable
for labeling, branding, or stenciling, or marking, otherwise, making
one complete package of the commodity. The words “original pack-
age’’ shall be construed to include both the wholesale and the retail
package.

For the purpose of this section the term ‘‘commodities not liquid”’
shall be construed to include goods, wares, and merchandise, which
are not in liquid form and which have heretofore been sold by meas-
ure of length, by weight, by measures of capacity, or by numerical
count, or which are susceptible of sale in any of these ways.

Section 16. Every barrel of flour put up or manufactured in this
State, shall contain not less than one hundred and ninety-six pounds
of flour, and every barrel of flour put up or manufactured in this
State, and every barrel shipped into the State, shall have the number
of pounds contained therein plainly stamped on one head. If any
person or firm doing business in this State wilfully or knowingly sell
or causes to be sold flour in barrels or packages not so correctly
stamped, showing the correct number of pounds contained in such
barrels or packages, he or they shall be fined twenty-five dollars; and
the sale of every such barrel or package shall constitute a separate
offense.

Section 19. It shall be unlawful to sell or offer to sell any coal,
coke, or charcoal in any other manner than by weight. No coal,
charcoal or coke shall be sold at retail which contains at the time the
weight is taken, more water or other liquid substance than is due to
natural conditions, weather conditions or causes incident to the min-
ing, cleaning or handling of the coal, charcoal or coke, except by and
with consent of the purchaser.

It shall be unlawful for any person to deliver any coal, coke, or
charcoal without such delivery being accompanied by a delivery
ticket and a duplicate thereof, on each of which shall be in ink or other
indelible substance, distinctly expressed in pounds, the gross weight
of the load, the tare of the delivery vehicle, and the quantity or quan-
tities of coal, coke, or charcoal contained in the vehicle used in such
deliveries, with the name of the purchaser thereof, and the name of
the dealer from whom purchased. One of these tickets shall be sur-
rendered to the sealer of weights and measures upon his demand for
his inspection, and this ticket or weight slip issued by him when he
desires to retain the original shall be delivered to the said purchaser
of said coal, coke, or charcoal, or his agent or representative at the
time of the delivery of the fuel; and the other ticket shall be retained
by the seller of the fuel. When the buyer carries away the purchase,
a delivery ticket showing the actual number of pounds delivered to
him must be given to him at the time the sale is made.

Section 20. It shall be unlawful to keep for the purpose of sale,
offer or expose for sale, or sell any commodity in package form unless
the net quantity of the contents be plainly and conspicuously marked
on the outside of the package; in terms of weight, measure, or nu-
merical count; provided, however, that reasonable variations or toler-
ances shall be permitted and that these reasonable variations or toler-
ances and also exemptions as to small packages shall be established
by rules and regulations made by the superintendent of weights and
measures; and provided, further, that this section shall not be con-
strued to apply to those commodities in package form the manner of
sale of which is specifically regulated by the Provisions of other sec-
tions of this act.

The words “in package form”’ as used in this section shall be con-
strued to include a commodity in a package, carton, case, can, box,
barrel, bottle, phial, or other receptacle, or in coverings or wrappings
of any kind put up by the manufacturer, or, when put up prior to the
order of the commodity, by the vendor, which may be labeled, brand-
ed, or stenciled, or otherwise marked, or which may be suitable for
labeling, branding, or stenciling, or marking otherwise, making one
complete package of the commodity. The word “package” shall be
construed to include both the wholesale and retail package.

Section 22. It shall be unlawful for any person, firm or corpora-
tion to sell ice in this Commonwealth in any other manner than by
weight. All ice shall be correctly weighed by the seller at the time
of delivery to the purchaser. All agents or employees of any person,
firm or corporation engaged in the sale and delivery of ice shall be
provided with suitable and correct weighing devices to be used for
the purpdése of correctly weighing each piece of ice delivered, and it
shall be unlawful for any such agent or employee to report or make a
charge for any quantity of ice in excess of the quantity, in pounds, or
fractions thereof, actually delivered according te the correct weight
thereof. It shall be unlawful for any person, firm, or corporation
delivering ice to refuse, on demand, to allow the purchaser to witness
the weighing of the same at the time of delivery, or to refuse, on de-
mand, to furnish the purchaser with a weight slip at the time of de-
livery containing the name of the person, firm or corporation selling
the ice, the number of pounds sold, and signed by the agent or em-
ployee of such person, firm, or corporation.

Section 26. Whenever any commodity is sold on a basis of weight,
it shall be unlawful to employ any other weight in such sale than the
net weight of the commodity and all contracts concerning goods sold
on a basis of weight shall be understood and construed accordingly.
Whenever the weight of a commodity is mentioned in this act, it
shall be understood and construed to mean the net weight of the
commodity at the time of delivery to the customer.

Section 30. The commissioner of agriculture and immigration,
as ex-officio superintendent of weights and measures, shall, in addi-
tion to the powers hereinbefore conferred upon him, have, through-
out the Commonwealth, all the powers and authority of a sealer of
weights and measures. Furthermore, it shall be the duty of the
commissioner of agriculture and immigration to appoint, as inspectors
of weights and measures, such of the employees of his office as he may
deem necessary for the better and more efficient enforcement of this
act, and such employees, when so designated by the commissioner of
agriculture and immigration, shall throughout the limits of the Com-
monwealth, have all the powers and authority conferred upon a sealer
of weights and measures by this act, and the State superintendent and
sealers of weights and measures shall be guided in the performance of
their duties by the department of commerce, bureau of standards,
manual of inspection and information for weights and measure
officials.