Chap. 409.—An ACT to amend and re-enact Sections 1, 2, 3, 6, 10, 13, 15 and
16 of an act entitled “An act to regulate the employment of children; to
repeal an act entitled an act to amend and re-enact Chapter 210 of the Acts
of 1908, regulating the employment of children in certain employments, ap-
proved March 13, 1908, as amended by Chapter 339 of the Acts of 1914,
approved March 27, 1914, approved March 14, 1918; to repeal an act entitled
an act to permit children over the age of twelve years to work in fruit and
vegetable canneries and to transmit merchandise or run errands, approved
March 20, 1920, and to repeal Sections 1809 to 1816, inclusive, of the Code
of Virginia, Section 1810 of which was amended by an act approved March
25, 1920,” approved March 27, 1922. [S B 105]

Approved March 30, 1936

1. Be it enacted by the General Assembly of Virginia, That sec-
tions one, two, three, six, ten, thirteen, fifteen and sixteen of an act
entitled ‘‘an act to regulate the employment of children; to repeal an
act entitled an act to amend and re-enact chapter two hundred and
ten of the acts of nineteen hundred and eight, regulating the employ-
ment of children in certain employments, approved March the thir-
teenth, nineteen hundred and eight, as amended by chapter three hun-
dred and thirty-nine of the acts of nineteen hundred and fourteen,
approved March the twenty-seventh, nineteen hundred and fourteen,
approved March fourteenth, nineteen hundred and eighteen; to repeal
an act entitled an act to permit children over the age of twelve years
to work in fruit and vegetable canneries and to transmit merchandise
or run errands, approved March twentieth, nineteen hundred and
twenty, and to repeal sections eighteen hundred and nine to eighteen
hundred and sixteen, inclusive, of the Code of Virginia, section eigh-
teen hundred and ten of which was amended by an act approved
March twenty-fifth, nineteen hundred and twenty,” approved March
twenty-seventh, nineteen hundred and twenty-two, be amended and re-
enacted so as to read as follows:

Section 1. No child under fourteen years of age shall be employed,
permitted or suffered to work in, about, or in connection with any
gainful occupation, other than work on farms, orchards, and in gar-
dens, except as specified in this act.

Section 2. No child under sixteen years of age shall be employed,
permitted, or suffered to work in, about, or in connection with any
gainful occupation, (first) more than six days in any one week; (sec-
ond) nor more than forty-four hours in any one week; (third) nor
more than eight hours in any one day; (fourth) nor before the hour
of seven o’clock in the morning, nor after the hour of six o’clock in
the evening, except on farms, in orchards, or in gardens. Every em-
ployer shall post and keep posted conspicuously in the place where
any child is employed, permitted, or suffered to work, a printed notice,
setting forth the maximum number of hours such child may be re-
quired, or permitted, to work each day of the week, the hours of begin-
ning and ending of work each day, and the hours when the time
allowed for meals begins and ends.

Section 3. No child under sixteen years of age shall be employed,
permitted, or suffered to work, in, about, or in connection with any
gainful occupation with the exception of work on farms, orchards,
and in gardens, unless the person, firm, or corporation employing
such child, procures and keeps on file and accessible to any school
attendance officer, inspector of labor or other authorized person,
charged with the enforcement of this act, the employment certificate
as hereinafter provided, issued to such child; and keep two complete
lists of the names, together with the ages of all children under sixteen
years of age employed in or for such establishment, or in such occupa-
tion, one on file, and one conspicuously posted near the principal en-
trance of the place where such children are employed.

Section 6. The evidence of age required by this act shall consist
of one of the following proofs of age, which shall be required in the
order herein designated:

(a) A birth certificate or attested transcript issued by a registrar
of vital statistics or other officer charged with the duty of recording’
births. ‘

(b) A baptismal record or duly certified transcript thereof show-
ing the date of birth and place of baptism of the child.

(c) A passport or a certificate of arrival issued by immigration
officers of the United States showing the age of the child.

(d) A bona fide contemporary record of the date and place of
the child’s birth kept in the Bible in which the record of the births in
the family of the child are preserved.

(e) Other documentary record of the child’s age satisfactory to
the issuing officer; provided, that a school record, a school census
record, or a parent’s, guardian’s, or custodian’s affidavit or statement
of age shall not be accepted except as specified in subdivision (f).

(f{) A certificate of physical age, signed by a public health or
public school physician and based upon a physical examination. Such
certificate shall state the height and weight of such child and other
evidence upon which the opinion as to the age of such child is founded.
No fee shall be charged for this certificate. A parent’s, guardian’s
or custodian’s affidavit of age, and a record of the age as given in the
register of the school first attended by the child, if obtainable, or in the
earliest available school census, shall accompany the physician’s cer-
tificate of age. And no employment certificate shall be issued if any
of the above possible sources shows the child to be under the age of
fourteen; except as provided in section ten of this act.

Section 10. The provisions of this act shall not apply to children
between the ages of twelve and sixteen working in fruit or vegetable
canneries for not more than eight hours in any one day, between the
hours of seven ante meridian and six post meridian, where public
schools are not actually in session.

Section 13. No child under eighteen years of age shall be em-
ployed, permitted or suffered to work in any mine, tunnel, scaffolding
work or handling explosives; nor shall they operate or assist in operat-
ing any dangerous machinery or passenger or freight elevator; oil,
assist in oiling, wiping or cleaning any such machinery; nor shall they
be employed in any capacity in preparing any composition in which
dangerous or poisonous chemicals are used; and they shall not be em-
ployed in any capacity in the manutacturing of paints, colors or white
lead, or in any place where goods of alcoholic content are manufac-
tured, bottled, or sold for consumption on the premises; except in
places where the sale of alcoholic beverages is merely incidental to the
main business actually conducted, and no boy under sixteen and no
girl under eighteen years of age shall be employed, permitted or
suffered to work in any scaffolding or construction work, brick or
lumber yard, or retail, cigar or tobacco store, or in any theatre, con-
cert hall, cabaret, carnival, floor show, pool hall, bowling alley or place
of amusement or in any hotel, restaurant, roadhouse, curb service
place, or steam laundry; provided, however, children may be permitted
to engage in non-professional amateur performances not more than
once a week; provided, the management of such theatre, or other
public place where such performance is to be held, secures from the
local superintendent of schools or the local school attendance officer, a
permit. Such permit shall not be issued except upon the submission by
the said management of the names and ages of such children in dupli-
cate, however, such permits may be revoked by the local superintend-
ent of schools, the local school attendance officer or any inspector of the
Department of Labor and Industry should it appear that harmful
effects to the child or children have resulted.

Section 15. No boy under fourteen years of age, and no girl
under eighteen years of age shall be employed, permitted or suffered
to work in a street or public place in the occupation of peddling, boot-
blacking or distributing or selling newspapers, magazines, periodicals
or circulars, or engaged in any gainful occupation, in a street or public
place, except that any boy between twelve and sixteen years of age
may engage in the occupation of bootblacking or distributing and sell-
ing newspapers, magazines, periodicals or circulars which are by law
«permitted to be distributed and sold, or running errands or delivering
parcels, or caddying or other outdoor employment, at such time or
times between six o’clock ante meridian and seven o’clock post merid-
ian, in each day that the public schools are not in session, except that
on days in which school is in session he may caddy after school hours
within the limits herein provided; provided such boy procures and
carries on his person a badge as hereinafter provided. Such badge
shall be issued by the same person authorized to issue an employment
certificate, and upon compliance with all the requirements for the is-
suance of an employment certificate. It shall bear a number and on
its reverse side shall be signed in the presence of the person issuing it
by the child in whose name it is issued, together with address and date
of birth. No charge shall be made for the use of the first badge issued
but application for the second will not be honored except upon pay-
ment of a fee of twenty-five cents (25c), and all funds heretofore
accumulated or hereafter collected from this source to be turned into
the State treasury as a continuing contingent fund for the purchasing
of new badges by the Department of Labor and Industry.

Section 16. No boy to whom such badge is issued shall transfer
it to any other person, nor be engaged in any of the trades and occupa-
tions mentioned in section fifteen without having conspicuously on his
person such badge, and he shall exhibit the same upon demand to any
police officer, school attendance officer, or to any labor inspector or
other person charged with the duty of enforcing the provisions of this
act. A complete record of badges issued and refused, and of the facts
relating thereto, shall be kept by the issuing officer. No boy engaged
in any of the street trades mentioned in section fifteen shall work
more than eight hours in any one day. Nothing herein contained shall
be construed to permit the violation of a curfew ordinance of any city.
All badges shall be renewed on the first day of January, the color
changing each year.