Chap. 341.—An ACT to authorize and empower the director of the division of
markets, with the approval of the commissioner of agriculture and immigra-
tion, to establish and promulgate official standard grades, trade marks,
brands and/or other markings, and to approve special grades, trade marks,
brands and/or other markings, for agricultural products, and rules and
regulations governing the voluntary use of the same; to provide for the
inspection of agricultural products; to provide for the appointment of
inspectors and their compensation; to prohibit violations of this act and
prescribe penalties therefor; and to appropriate funds for carrying out the
provisions hereof. [H B 186]

Approved March 24, 1930

1. Be it enacted by the general assembly of Virginia, That for
the purpose of this act the term “agricultural product” means any hor-
ticultural, vitacultural, dairy, livestock, poultry, bee, or other farm or
garden product; the term “director” means the director of the division
of markets of the department of agriculture and immigration; the
term ““commissioner” means the commissioner of agriculture and immi-
eration.

2. (a) In order to promote, protect, further and develop the ag-
ricultural interests of this State, the director, with the approval of the
commissioner, is hereby authorized and empowered, after investigation,
‘0 establish and promulgate grades, trade marks, brands, and/or other
narkings which when used on or in connection with agricultural prod-
acts will indicate grade, classification, quality, condition, size, variety,
juantity, and/or other characteristics of such products and/or marks
dentifying the party responsible for the grading and marking of such
oroducts, and/or any or all of them; and to prescribe and promulgate
‘ules and regulations governing the voluntary use of such grades, trade
marks, brands and other markings for such agricultural products pro-
luced and/or packed and/or marked in this State.

(b) The director, in carrying out the provisions of the foregoing
paragraph, shall establish and promulgate grades recommended or
adopted by the United States department of agriculture in so far as
they are available and suitable for use in Virginia, unless there is a
decided demand for additional or different grades or standards among
those in Virginia producing and handling such products.

(c) Any person, firm, corporation or association desiring to pack,
mark, and/or sell or offer for sale any agricultural product under any
grade, trade mark, brand, or other markings relating to grade, quality
or size, not established and promulgated by the director, may file with
the said director a certificate setting forth the description of such
special grade, trade mark, brand, or other markings. For this purpose
a brand, trade mark or other markings may represent a grade. If,
upon the filing of such certificate the director, with the approval of the
commissioner, approves of the completeness of definitions of such
special grade, trade mark, brand, or other markings set forth in said
certificate, such special grade, trade mark, brand, or other markings
may thereafter be used by the person, firm, corporation or association
filing the said certificate; provided, that such grade terminology, trade
mark, brand or other markings and/or definitions are in no way de-
ceptive; and provided, further, that definitions used to describe grade
terminology, trade marks, brands and/or other markings relating to
grade, classifications, quality, condition, size, variety and/or other
characteristics of agricultural products shall show clearly wherein they
differ from the official grades.

3. The director, with the approval of the commissioner, shai] be
charged with the enforcement of the provisions of this act, and for
that purpose shall have the power: ,

(a) To enter and inspect, personally or through any authorized
agent, every place within the State of Virginia where agricultural
products are produced, packed, stored for sale, shipped, delivered for
shipment, in transit or offered for sale; and to inspect such places and
any or all agricultural products, containing markings of any kind which
indicate grade, classification, quality, condition, size, variety and quan-
tity, or any of them, and containers or equipment found at or in such
places ; and it shall be illegal for any one to prevent, hinder or interfere
with the director or his agent, in the exercise of any power herein set
forth.

(b) To approve, superintend, control, and discharge such inspec-
tors, subordinate inspectors and agents as in his discretion may be
deemed necessary for the purpose of enforcing the terms of this act;
and to prescribe their duties and fix their compensation.

(c) Personally, or through any such inspector, subordinate in-
spector or agent, to forbid the movement of any agricultural product
found to be marked in violation of any of the provisions of this act,
which product or products have not been actually accepted by a com-
mon carrier for shipment in interstate transit, and to require the same
to be repacked and/or remarked. A carload of any agricultural product
shall not be considered as actually accepted by a common carrier until
the car is loaded, the car sealed and the bill of lading issued.
(d) To cause to be instituted through the proper Commonwealth’
attorney or Commonwealth’s attorneys, or otherwise, in any county o
city in Virginia in which any agricultural product or products ar
packed, shipped, delivered for shipment, offered for sale, sold or ma:
be found in violation of any provision of this act, prosecutions for sucl
violations.

4. When any agricultural product is in transit, delivered to :
railroad station or common carrier for shipment, or delivered to :
storage house for storage, such fact or facts shall be considered a
prima facie evidence that the said product is offered for sale.

(a) No person, firm, corporation or association shall use am
grade, trade mark, brand, or other markings established and promul
gated by the director on or in connection with marking any agricultura
product except in accordance with the rules and regulations establishec
and promulgated by the director; nor shall any person, firm, corpora-
tion, or association use any grade, trade mark, brand, or other marking:
indicating grade, classification, quality, condition or size, for any agri-
cultural product for which official grades, trade marks, brands, or other
markings have been established and promulgated by the director, except
such be established and promulgated by the director, or except in ac-
cordance with the provisions set forth in section 2 (c) of this act; pro-
vided, however, that this act shall not prevent the use of any trade
mark or brand not established and promulgated or approved by the
director, on or in connection with any agricultural product, if, as a
part of such trade mark or brand, or immediately adjacent thereto,
there be printed in well proportioned letters not less than one-half inch
in height the word “unclassified,” nor shall this act apply to any agri-
cultural product or products not marked or designated by or with any
trade mark, brand or other markings indicating grade, classification,
quality, condition or size.

(b) It shall be unlawful, except with the consent of the original
packer, or in compliance with the rules and regulations of the director,
for any person, firm, corporation, or association to remove from any
agricultural product any markings which meet the requirements of
this law relating to grade, classification, quality, condition, size, variety,
quantity and/or other characteristics and/or identifying the party re-
sponsible for the packing and/or marking.

6. Any person, firm, corporation or association which shall violate
any of the provisions of this act shall be punishable by a fine of not
less than five ($5.00) dollars nor more than five hundred ($500.00)
dollars for each offense. ,

7. No person, firm, corporation, or association shall be convicted
under the provisions of this act:

(a) When such person, firm, corporation or association is not a
party to the packing, grading or marking of such products;

(b) When the agricultural product involved has passed inspec-
ion by an authorized inspector in the voluntary inspection service of
he Virginia department of agriculture and immigration, or the United
States department of agriculture and found to be marked in accordance
with the requirements of this act.

8. If any section, subsection, sentence, clause or phrase of this act
is for any reason held to be unconstitutional, such decision shall not
affect the validity of the remaining portions of this act.