CHAPTER 697

An Act to regulate the packaging, grading and marking of apples; to
prescribe the powers and duties of the Board of Agriculture and
Immigration with respect thereto; to provide penalties for violations;
and to repeal §§ 8-506 through 8-512 of the Code of Virginia, relating
to the same matters.

[fH 824]

Approved April 7, 1954
Be it enacted by the General Assembly of Virginia as follows:

1. § 1. Definitions—As used in this chapter unless the context other-
wise requires:

(a) “Commissioner” means the Commissioner of Agriculture and
Immigration.

(b) “Board” means the Board of Agriculture and Immigration.

(c) “Closed package” or “package” includes any containers of any
description containing apples, except those otherwise exempt under this
act which are enclosed on all sides, and includes boxes, barrels, baskets and
bags of any size or material.

(d) “Used package” means any package which may have been used
for packing apples or other commodities.

(e) All other words and terms shall be defined as in Chapter 2 of
Title 1 of the Code of Virginia.

§ 2. No apples, except apples for delivery for processing or packing
or to a storage for packing, shall be sold, packed for sale, offered for sale
or transported for sale, in closed packages, unless:

(a) Each such package bears conspicuously in plain words and
figures on the outside, or a durable stuffer within and readily readable
from the outside, showing the correct size, minimum quantity and correct
variety of the apples in the package, one of the official standard grades for
apples established by the Board under this act, and the name of the grower
or packer, and

(b) The apples in each such package conform to the markings appear-
ing on such package.

§ When apples are packed in used packages, any markings per-
taining to previous contents of such packages shall be obliterated and the
markings required under this act shall be substituted.

§ 4. When packages of apples are placed in transit for sale or
delivery or delivered to a storage for storage, such transit or delivery shall
be prima facie evidence that the apples are offered or transported for sale.

§ 5. In order to provide for the orderly marketing of apples and
the protection of the purchasing public, the Board shall have the power
to adopt reasonable rules and regulations for the enforcement of this act.

The Board shall establish and promulgate from time to time official
standard grades for apples by which the quality, quantity and size may
be determined. Before establishing such official standard grades, the Board
shall consult with the Board of Directors of the Virginia Horticultural

ociety.
. The Board is charged with the enforcement of this act and for
that purpose the Board or its authorized agents shall have power:

(a) To enter and inspect all premises and places within the State
where apples are produced, packed or stored for sale, shipped, delivered
for shipment, offered or exposed for sale, or sold, and to inspect such
places and all apples, apple containers and equipment found in any such
places.

(b) To institute injunction proceedings for violations of any provision
of this act or regulation adopted hereunder in any court of competent
jurisdiction in any county or city of the State where apples may be found
improperly marked in violation of any provision of this act, either through
the Commonwealth’s attorney or otherwise.

(c) To prohibit in writing the movement in intrastate, interstate or
foreign commerce of any apples found improperly marked in violation of
any provision of this act or regulation adopted hereunder until such apples
have been properly marked under this act or regulation adopted hereunder
and released in writing by the Board or its authorized agent.

§ 7. Any person, firm, corporation, organization or association,
except a contract or common carrier, who or which moves or causes to be
moved any apples, the movement of which has been prohibited in writing
as provided in § 6 hereof, shall be guilty of a misdemeanor and shall be
punished by a fine of not less than one hundred dollars nor more than five
hundred dollars for each such offense. ;

. The provisions of this act are severable, and if any of its pro-
visions shall be held invalid by any court of competent jurisdiction, the
any = such court shall not affect or impair any of the other provisions
of this act.

2. §§ 3-506 through 3-512 of the Code of Virginia are repealed.