CHAPTER 34

AN ACT to repeal Chapter 5 of Title 59, §§ 59-61 through 59-70 of
the Code of 1950 relating to paint and paint components; to
amend the Code of 1950 by adding a chapter numbered 5, in-
cluding sections numbered 59-61.1 through 59-61.13 to Title 59,
to define and regulate the manufacture, sale, transportation,
distribution and use of paint, paint oil, and turpentine, and
to prescribe the powers and duties of the Commissioner of
Agriculture and Immigqration in connection therewith, and to
provide. penalties for violations.

[S 87]

Approved February 21, 1950

Be it enacted by the General Assembly of Virginia:
1. That Chapter 5, §§$ 59-61 through 59-70, of Title 59 of the Code
of 1950 is repealed.
2. That the Code of 1950 be amended by adding a new chapte
numbered 5, including sections numbered 59-61.1 through 59-61.1%
to Title 59 as follows:
Chap 5
Paint, Paint: Oil and Turpentine

§ 59-61.1. Short Title; purpose.—The short title of this chap
ter is the Virginia Paint Law.

It is the purpose of this law to prevent deception in the sal
of paint, paint oi] and turpentine; and to require true labels anc
labeling for the same.

§ 59-61.2. Definitions.—For the purpose of this chapter.—

(1) The term “paint” means any substance or mixture of sub
stances, liquid, powder or paste, intended for use as a protective
or decorative coating on buildings, fences or structures. It shal
not include artist colors, waxes, wood fillers, polishes, stains
plaster, stucco and water-proofing compounds.

(2) The term “paint oil’ means any oil, or mixture of oil:
and other liquids, used or intended for use in paint.

(3) The term “turpentine” means gum spirits of turpentine
steam distilled wood turpentine, sulfate wood turpentine and de
structively distilled wood turpentine in accordance with specifica
tions approved by the Board of Agriculture.

(4) The term “ingredient statement’ means a statement 0!
the chemical name and percentage by weight of each ingredient
provided that whenever it is not possible or practical to use the
chemical name, the Commissioner may approve the use of other
names or terms in the ingredient statement.

(5) The term “person” means any individual, partnership, as
gociation, corporation, contractor, or organized group of individ.
uals whether incorporated or not.

(6) The term “Board of Agriculture” or “Board” means the
Virginia Board of Agriculture and Immigration,

(7) The term “Department” means the Department of Agri-
eulture and Immigration.

(8) The term “Commissioner” means the Commissioner of
Agriculture and Immigration.

(9) The term “registrant” means the person registering pur-
suant to the provisions of this chapter.

(10) The term “label” means the written, printed or graphic
matter on, or attached to, the immediate container and the wrap-
per of the retail package, if any there be, of the paint, paint oil
or turpentine.

(11) The term “labeling” means al] labels and other written,
printed or graphic matter—

(a) Upon the paint, paint oil or turpentine or any of its con-
tainers or wrappers;
(b) Accompanying the paint, paint oil or turpentine at any
time; or

(c) Pertaining whatsoever to the paint, paint oil or turpen-
tine. |

(12) The term “misbranded” shall apply—

(a) To any paint, paint oil or turpentine—

(i) If it is an imitation of or offered for sale under the name
of another article;

(ii) If the package or container or its labeling shall bear any
statement, design or device regarding the ingredients or substances
contained therein, which statement, design or device shall be false
or misleading in any particular; ©

(iii) If its labeling bears any reference to registration under
this chapter, or,

(iv) If any word, statement, or other information required by
or under the authority of this chapter to appear on the label is
not conspicuously placed thereon clearly and distinctly and in the
English language.

(b) To any paint—

(i) If the label does not specify the purpose for which the
product is intended; or,

(ii) If the label does not contain adequate directions for use.

§ 59-61.3. Prohibited Acts.—It shall be unlawful for any per-
son to distribute, sell or offer for sale within this State or, except
with authority of the Commissioner, to deliver for transportation
or transport in intrastate commerce or between points within this
State through any point outside this State any of the following:

(1) Any paint which is not registered pursuant to the pro-
visions of § 59-61.6 of the Code of Virginia, or any paint, if any of
the claims made for it or any of the directions for its use differ in
substance from the representations made in connection with this
registration; or if the composition of a paint differs from its com-
position as represented in connection with its registration.

(2) Any paint unless it is in the registrant’s or the manufac-
turer’s unbroken immediate container and there is affixed to such
container, and to the wrapper of the retail package, if there be one,
a label bearing

(a) The name and address of the manufacturer, registrant, or
person for whom manufactured;

(b) The name, brand, or trademark under which said article
is sold;

(c) The net measure or weight of the content subject; and,

(d) An ingredient statement.

(3) Any paint, paint oil, or turpentine which is misbranded

(4) Any paint oil or turpentine unless the container in which
it is sold or from which the paint oil or turpentine is dispensed has
affixed thereto a label bearing
(a) The name and address of the manufacturer or person for
whom manufactured ;

(b) The name or brand under which said article is sold;

(c) The net measure or weight of the content subject; and,

(d) An ingredient statement.

§ 59-61.4. Further prohibited acts.—It shall be unlawful—

(1) for any person to detach, alter, deface or destroy, in whole
or in part, any label or labeling provided for in this chapter or
the rules and regulations promulgated hereunder, or to add any
substances to, or take any substances from a paint, paint oil or
turpentine in a manner that may defeat the purpose of this
chapter ;

(2) for any manufacturer, distributor, dealer, carrier, or other
person to refuse, upon a request in writing specifying the nature
or kind of paint, paint oil or turpentine to which such request
relates, to furnish to or permit any persons designated by the
Commissioner to have access to and copy such records of business
transactions as may be essential in carrying out the purposes of
this chapter;

(3) for any person to oppose or interfere in any way with the
Commissioner or his duly authorized agents in carrying out the
duties imposed by this chapter; and

(4) for any person charged with the enforcement of this chap-
ter to be directly or indirectly connected with or financially inter-
ested in the sale, manufacture or distribution for sale of any paint,
paint oil or turpentine.

§ 59-61.5. Injunction.—In addition to the remedies herein
provided, the Commissioner of Agriculture is hereby authorized to
apply to an appropriate court for, and such court shall have juris-
diction upon hearing and for cause shown to grant a temporary or
permanent injunction restraining any person from violating any
provisions of §§ 59-61.3 or 59-61.4 of this chapter irrespective of
whether or not there exists an adequate remedy at law.

§ 59-61.6. Registration—-The name and address of the manu-
facturer whose name appears on the label, or the name and address
of the person whose name appears on the label, if other than the
manufacturer, of every paint which is distributed, sold or offered
for sale within this State, or delivered for transportation or trans-
ported in intrastate commerce or between points within this State
through any point outside this State shall be registered annually
with the Commissioner upon forms furnished by the Commissioner.
All registrations shall expire on the thirtieth day of June follow-
ing date of issuance, unless such registration shall be renewed an-
nually, in which event expiration date shall be extended for each
year of renewal registration or until otherwise terminated.

The registrant shall file with the Commissioner.—

(1) a statement including the name and address of the regis-
trant, the name and address of the person whose name will appear
on the label, if other than the registrant, and the name of the
paint;

(2) a complete copy of the label accompanying the paint;

(3) in the case of renewal of registration, a statement shall
be required only with respect to information which is different
than that furnished when the paint was registered or last reregis-
tered.

The Commissioner is authorized and empowered to refuse to
register, or to cancel the registration of, any paint upon satisfac-
tory proof that the registrant has been guilty of fraudulent and
deceptive practices in the evasions or attempted evasions of the
provisions of this chapter or any rules and regulations promul-
gated thereunder: Provided, that no registration shall be revoked
or refused until the registrant shall have been given a hearing by
the Commissioner.

§ 59-61.7. Determination; Rules and Regulations; Uniformity.
—The Commissioner is authorized: (1) to effect the collection and
examination of samples of paint, paint oil or turpentine to deter-
mine compliance with the requirements of this chapter; and he
shall have the authority at all reasonable hours to enter into any
car, warehouse, store, building, boat, vessel or place supposed to
contain paint, paint oil or turpentine, for the purposes of inspec-
tion or sampling and to procure samples for analysis or examina-
tion from any lot, package or parcel of paint, paint oil or tur-
pentine; and

(2) to publish from time to time; in such forms as he may
deem proper, information concerning the sale of paint, paint oil
or turpentine, together with such data on their production and use
as he may consider advisable, and reports of the results of the
analyses based on official samples of paint, paint oil or turpentine
sold within the State.

The Board of Agriculture and Immigration is authorized to
prescribe, after public hearing following due public notice, such
rules and regulations relating to the sale and distribution of paint,
paint oil or turpentine as it may find necessary and proper in its
judgment to best carry out the purpose of this chapter.

In order to avoid confusion resulting from diverse require-
ments, particularly as to labeling of paint, paint oil or turpentine,
and to avoid increased costs to the people of the State due to the
necessity of complying with diverse requirements in the manufac-
ture and sale of paint, paint oil or turpentine, the Board of Agri-
culture and Immigration and the Commissioner are authorized and
empowered to cooperate with and enter into agreement with, anv
other agency of this State or other States or agencies of the United
States, and cooperate with any agency for the purpose of carrving
out the provisions of this chapter and securing uniformity of regu-
lations.

§ 59-61.8. Violations.—If it shall appear from the examina-
tion or evidence that any of the provisions of this chapter or the
rules and regulations issued thereunder have been violated, the
Commissioner may cause notice of such violations to be given to
the registrant, distributor, or possessor from whom said sample
or evidence was taken. Any party so notified shall be given an
opportunity to be heard under such rules and regulations as may
be prescribed by the Board of Agriculture and Immigration. If it
appears after such hearing that there has been a sufficient number
of violations of this chapter or the rules and regulations issued
thereunder, the Commissioner may certify the facts to the proper
prosecuting attorney and furnish that officer with a copy of the
results of the examination of such sample duly authenticated by
the analyst or other officer making the examination under the oath
of such analyst or officer. It shall be the duty of every attorney
for the Commonwealth to whom the Commissioner shall report any
violation of this chapter to cause proceedings to be prosecuted
without delay for the fines and penalties in such cases. Any per-
son convicted of violating any provision of this chapter or the
rules and regulations issued thereunder shall be adjudged guilty
of a misdemeanor and shal] be punished in the discretion of the
court.

Nothing in this section shall be construed as requiring the
Commissioner to report for the institution of proceedings under
this chapter, minor violations of this chapter, whenever the Com-
missioner believes that the public interest will be adequately
served in the circumstances by a suitable written notice or
warning.

§ 59-61.9. Exemptions.—The penalties provided for viola-
tions of § 59-61.3 of this chapter shall not apply to—

(1) Any carrier while lawfully engaged in transporting a
paint, paint oil or turpentine within this State, if such carrier
shall, upon request, permit the Commissioner or his designated
agent to copy all records showing the transaction in and move-
ments of the articles;

(2) Public officials of this State and the Federal Government
engaged in the performance of their official duties;

(3) Any person who shall sell paint through agreement to any
manufacturer, industrial plant, or agents of the Federal Govern-
ment, State of Virginia or subdivisions thereof or public service
corporation for direct use: Provided,

(a) That evidence concerning such sale is furnished the Com-
missioner upon request and,

(b) that the paint is not exposed for sale, offered for sale or
sold to the general public.
(4) Any person who establishes a guaranty signed by, and
containing the name and address of, the registrant or person re-
siding in the United States from whom he purchased and received
in good faith the paint in the same unbroken package, to the effect
that the paint was lawfully registered at the time of sale and de-
livery to him, and that it complies with the other requirements of
this chapter, designating this chapter. In such case the guarantor
shall be subject to the penalties which would otherwise attach to
the person holding the guaranty under the provisions of this
chapter.

§ 59-61.10. “Stop-Sale” Orders.—It shall be the duty of the
Commissioner to issue and enforce a written or printed “stop-sale
use or removal” order to the owner or custodian of any lot of paint,
paint oil or turpentine and to hold at a designated place when
the Commissioner finds said paint, paint oil or turpentine is being
offered or exposed for sale in violation of any of the provisions
of this chapter until this chapter has been complied with and said
paint, paint oil or turpentine is released in writing by the Commis-
sioner or said violation has been otherwise legally disposed of by
written authority; provided that the owner or custodian of such
paint, paint oil or turpentine shall have the right to appeal from
such order to a court of competent jurisdiction in the county or
city where the said paint, paint oil or turpentine is found, praying
for a judgment as to the justification of said order, and for the
discharge of such paint, paint oil or turpentine from the order
prohibiting the sale in accordance with the findings of the court;
and provided further that the provisions of this section shall not
be construed as limiting the right of the enforcement officer to pro-
ceed as authorized by other provisions of this chapter. The Com-
missioner shall release the paint, paint oil or turpentine so with-
drawn when the requirements of the provisions of this chapter have
been complied with and upon payment of all costs and expenses in-
curred in connection with the withdrawal.

§ 59-61.11. Seizure, Condemnation, and Sale.—Any lot of
paint, paint oil or turpentine not in compliance with the pro-
visions of this chapter shall be subject to seizure on complaint of
the Commissioner to a court of competent jurisdiction in the
area in which said paint, paint oil or turpentine is located. In
the event the court finds the said paint, paint oil or turpentine
to be in violation of this chapter and orders the condemnation of
said paint, paint oil or turpentine, it shall be disposed of in any
manner consistent with the quality of the paint, paint oil or tur-
pentine and the laws of the State; provided, that in no instance
shall the disposition of said paint, paint oil or turpentine be
ordered by the court without first giving the claimant an oppor-
tunity to apply to the court for the release of said paint, paint oil
or turpentine or for permission to process or relabel said product
to bring it into compliance with this chapter.

§ 59-61.12. Delegation of duties—All authority vested in the
Commissioner by virtue of the provisions of this chapter may with
like force and effect be executed by such employees of the Depart-
ment of Agriculture and Immigration as the Commissioner may
from time to time designate for said purpose.

§ 59-61.13. Separability—If any provision of this chapter is

declared unconstitutional or the applicability thereof to any per-
son or circumstance is held invalid, the constitutionality of the
remainder of this chapter and the applicability thereof to other
persons and circumstances shall not be affected thereby.
3. This chapter shall become effective July one, nineteen hundred
fifty except as to the requirement of registration hereunder which
shall become effective January one, nineteen hundred fifty-one pro-
vided that any person so desiring may register hereunder prior to
such latter date.