Chap. 328.—An ACT to amend and re-enact sections 3282 and 3287 of the Code
of Virginia, as amended, in relation to oysters and clams, so as to include
crab-meat and scallops within the provisions of said sections. [H B 145]

Approved March 24, 1930

1. Be it enacted by the general assembly of Virginia, That sec-
tions thirty-two hundred and eighty-two and thirty-two hundred and
eighty-seven of the Code of Virginia, as amended, be amended and re-
enacted so as to read as follows:

Section 3282. When the health commissioner is satisfied, as a
result of an examination, analysis, or inspection, made pursuant to
section thirty-two hundred and eighty-one, that the oysters, scallops, and
clams upon such ground, or in such packing houses, or crab-meat in
packing houses or other places where they are sold, or offered for
sale, as in said section thirty-two hundred and eighty-one described,
are unfit for market; or, that such packing house, or other place is so
insanitary as to render it an unfit place in which to prepare oysters,
crab-meat or scallops or clams for market, he shall notify the commis-
sioner of fisheries, and the owner or operator of such oyster, scallop
or clam ground, packing house, or other place, of such fact.

Upon receipt of such notice, the owner or operator of such oyster,
scallop or clam ground, packing house, or other place, shall cease to
take oysters and clams from such ground, except as is provided in
section thirty-two hundred and eighty-four and section thirty-two hun-
dred and eighty-five, and shall cease to prepare for market, or to sell,
or offer for sale, or to dispose of, in any manner, oysters, crab-meat,
scallops or clams in such packing houses or other place, as herein mien-
tioned, until the cause for such notice shall have been removed or re-
lieved, to the satisfaction of said health commissioner.

And the said health commissioner may establish, alter, and change,
in his discretion, at any time, standards which shall control the market-
ing of oysters, clams, crab-meat and scallops; and he shall be the sole
judge as to whether or not such oysters, clams, crab-meat and scallops
are fit for market, and also of such standards.

When from the examinations provided for in section thirty-two
hundred and eighty-one of this act, the health commissioner is satisfied
that the oysters, scallops, and clams upon any ground, in this State,
are unfit for market, he shall in collaboration with the commissioner
of fisheries, cause the limits or boundaries of such area, upon which
such oysters, scallops, and clams are located or planted, to be con-
demned and to remain so, until such time as the health commissioner
shall find such oysters, scallops, and clams relieved from the condi-
tion existing at the time of such examination, and fit for market.

Section 3287. For the purpose of carrying out the provisions of
the six preceding sections, the health commissioner and the commis-
sioner of fisheries, and such agents or assistants of either of the said
commissioners as are now or may be hereafter appointed, may enter
upon premises located in the State of Virginia, or upon any boat, vessel,
barge, car, or other conveyance, wharf, packing or shucking house,
store, stall, or other place where oysters, clams, crab-meat or scallops
may be found, and if it appears that the provisions of said sections, or
any of them, have been violated, may, with or without a warrant, arrest
any person or persons, who are, or who have been, or who are believed
to be, or have been, in charge of such oysters, clams, crab-meat or scal-
lops, and may seize, in the name of the Commonwealth of Virginia, and
take possession of such oysters, clams, crab-meat or scallops, and may
seize and take possession of any boat, vessel, barge, car, or other con-
veyance, used in violation of the provisions of said sections, together
with the cargo of any such boat, vessel, which may be held till the ac-
cused has paid the penalty for his offense, if upon trial he is found
guilty, or has upon trial been acquitted, as the case may be. Any per-
son or persons impeding, hindering or interfering with the said com-
missioners, their agents or assistants, or persons appointed by them, or
either of them, in the discharge of their duties in carrying out the pro-
visions of said sections, and any person or persons, firm or corporation
who shall violate any of the provisions of said sections, shall be guilty
of a misdemeanor, and upon conviction shall be fined not less than
twenty-five dollars for the first offense, and for any subsequent offense
not less than fifty dollars, or may be punished by imprisonment, not
exceeding one year, or both, in the discretion of the court trying the
case. Any fine assessed and collected hereunder, shall be paid into
the treasury of this State, through the oyster officials, as in the case of
all other fines imposed and collected for violation of the oyster laws;
and in addition to the penalties herein provided, the oysters, clams,
and scallops taken from such areas, contrary to the provisions of said
sections, shall be forfeited to the Commonwealth. When an oyster
inspector is directly instrumental in apprehending and bringing to trial
an offender, against whom a fine 1s imposed and collected, under said
sections, one-fourth of the fine shall go to the said inspector, and the
remaining three-fourths shall be paid into the treasury, as aforesaid.