CHAPTER 507

AN ACT to amend and reenact §§ 8-610, 8-611, 8-618 through 8-615, 8-617,
8-619 through 3-624, 8-626 through 8-680, 8-681, 8-684 through
8-688 and 8-640 of the Code of Virginia, relating to regulation of
manufacture, sale and distribution of certain animal feeds; imposition
of certain fees charged for inspection thereof, imposition of certain
duties on the Commissioner of Agriculture and Immigration and pro-
viding penalties for violation; to amend the Code of Virginia by ad-
ding new sections numbered 3-621.1, 8-684.1, and 3-684.2, relating,
respectively, to appointment of agents by certain non-residents, with-
drawal from sale of certain animal feeds, and assessments to be im-
posed by the Commissioner in certain cases; and to repeal §§ 3-625,
8-680.1, 8-682, and 8-688 of the Code of Virginia, relating, respectively,
to changes in analysis of certain feeds, certain bulk sales, optional
method of payment of inspection fees and form of tax tags on stamps.

S 262]
Approved March 30, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 3-610, 3-611, 3-613 through 3-615, 3-617, 3-619 through 3-624,
3-626 through 3-630, 3-631, 3-634 through 3-638 and 3-640 of the Code of
Virginia be amended and reenacted and that the Code of Virginia be
amended by adding new sections numbered 3-621.1, 3-634.1 and 3-634.2
as follows:

§ 3-610. The Commissioner shall cause to be procured from time to
time, and under the rules and regulations to be prescribed by him, with
the approval of the Board, in accordance with the provisions of this
chapter, samples of * commercial * feeds exposed or offered for sale in
CH. 507] ACTS OF ASSEMBLY 917

this State, and shall cause the same to be analyzed and examined micro-
scopically or otherwise by the chemists or other experts of the Department
of Agriculture and Immigration.

8-611. The Commissioner is authorized to make such publication
of the results of the examination and analyses * of commercial feeds, as
he may deem proper.

§ 3-613. Any person, firm or corporation, either directly or through
any agent, who shall manufacture, sell, expose for sale, or have in his
possession with intent to sell, any * commercial:* feed which is adulterated
or misbranded within the meaning of this chapter, or within the rules and
regulations prescribed in accordance with the provisions of this chapter
by the Commissioner, with the approval of the Board, or who shall dissemt-
nate by any medium whatsoever any false, fraudulent or misleading claim
concerning any commercial feed, or who shall violate any of the pro-
visions of this chapter, a punishment for which is not otherwise specifically
prescribed in this chapter, shall be guilty of a misdemeanor, and for
such offense shall be fined not exceeding two hundred dollars for the first
offense, and for each subsequent offense not exceeding three hundred
dollars, or be imprisoned not exceeding one year, or both fine and imprison-
ment, in the discretion of the court; and such fines, less legal costs and
charges, shall be paid into the State treasury. .

§ 3-614. The chemists or other experts of the Department of Agri-
culture and Immigration shall make, by the methods * prescribed by the
Board, examinations of specimens of * commercial * feed exposed or
offered for sale in Virginia, which may be collected from time to time as
prescribed by this chapter, in various parts of the State.

§ 3-615. If it shall appear from any such examination that any such
specimen is adulterated or misbranded within the meaning of this chapter,
or the rules and regulations prescribed by the Commissioner, notice there-
of shall be given to the manufacturer, * distributor, or person from whom
the sample was obtained. If the person to whom such notice is given shall
so request within twenty days from the date such notice is received, the
Commissioner shall furnish to such person a sufficient portion of the
eae concerned to permit an independent examination and analysis

ereof.

§ 3-617. In all prosecutions arising under the provisions of this
chapter * the analyst or other officer making the analysis or examination *
shall give testimony concerning the results thereof in open court.

§ 3-619. The term * commercial * feed, as used in this chapter, shall
be held to include all feeds intended for feeding to * animals other than
man, except unground hays, whole or ground straws, silage, hulls, cobs
and corn stover when the same are not mixed with other materials, nor
shall it apply to * unmixed, whole crimped, whole rolled or whole flaked
seeds; nor to unmized or unprocessed whole seeds *; nor shall it include
* canned animal foods.

*

§ 3-620. Every * bag, barrel or other container of * commercial *
feed sold, offered or exposed for sale within this State, shall have affixed
thereto, or printed thereon, in a conspicuous place on the outside thereof,
a legible and plainly printed statement, in the English language, clearly
and truly certifying the net weight of the package; the name, brand or
trademark under which the article is sold; the name and address of manu-
facturer * or distributor; the name of each and all ingredients of which
the article is composed ; a statement of the maximum percentage it contains
of crude fiber and the minimum percentage of crude fat and the minimum
percentage of crude protein *; all three constituents to be determined by
the methods * prescribed by the Board. In the case of any commercial feed
containing five percent or more of mineral ingredients, such statement
shall include the minimum and maximum percentages of calcium and salt
and the minimum percentages of iodine and phosphorous. .

In the case of any dietary claim the Commissioner may require proof
of the validity of such claim. Such data shall not be divulged to the public.

If any commercial feed is delivered in bulk, the distributor shall, at
the time of delivery, furnish the recipient with an invoice setting forth all
information required by this section. If a commercial feed contains drugs
or substances potentially dangerous to animal health, the label shall pro-
vide such directions for use and warnings against misuse as the Com-
missioner may deem necessary.

§ 8-621. Each and every manufacturer, * or * distributor, before dis-
tributing, selling, offering or exposing for sale in this State any * com-
mercial * feed shall, for each and every * such feed bearing a distinguishing
name or trademark, * apply for registration with the Commissioner. * Such
application shall be submitted in duplicate on a form prescribed by the
Commissioner and shall contain such information concerning the com-
mercial feed sought to be registered as the Commissioner may require. The
Commissioner, from time to time, may permit changes in the composition
of such feed when it is made to appear that such changes will not reduce
the nutritional value thereof without requiring new registration.

All registrations required by this section shall expire on December
thirty-one of the year for which they were issued. Any person who shall
sell, offer for sale or distribute in this State any commercial feed without
registering the same shall be subject to a penalty of twenty-five dollars,
to be paid to the Commissioner who shall deposit the same in the State
treasury to the credit of the literary fund.

§ 3-621.1. Any non-resident person, firm or corporation desiring to
distribute within this State any commercial feed, and any such non-rest-
dent who may be subject otherwise to the provisions of this chapter, shall
file a written power of attorney designating the Secretary of the Common-
wealth of Virginia or a resident agent as the agent of such non-resident
upon whom shall be served all lawful process against or notice to such
person, firm or corporation. The Secretary of the Commonwealth of
Virginia shall be allowed such fees therefor as provided by law for desig-
nating resident agents. The Commissioner shall be furnished with a copy
of such designation of the Secretary of the Commonwealth of Virginia or
of a resident agent, such copy to be duly certified by the Secretary of the
Commonwealth of Virginia. The Commissioner may also require any non-
resident, person, firm or corporation subject to the provisions of this
chapter to furnish to the Commissioner a fidelity bond or other security
satisfactory to the Commissioner and conditioned that the principal there-
in named shall pay for any and all damages suffered by any person by
reason of the malfeasance, misfeasance or nonfeasance of the principal or
his or its agents in the conduct of said business, provided that in no case
shall a bond or other security exceeding ten thousand dollars be required.
A copy of said bond duly certified by the Commissioner shall be received
as evidence in all the courts of this State without further proof. Any per-
son having a right of action against any such person, firm or corporation
may bring suit against the principal and sureties on such bond. Should
the surety furnished become unsatisfactory, said person, firm or corpora-
tion shall execute a new bond and should he on it fail to do so, it shall be
the duty of the Commissioner to cancel such registration and give notice
of said fact, and tt shall be unlawful thereafter for such person, firm or
A ila to engage in said business without obtaining a new registra-

‘5 3-622. Whenever a manufacturer, * or * distributor of any * com-
CH. 507] ACTS OF ASSEMBLY 719

mercial * feed shall have * registered the same as required by * § 3-621,
no agent or seller of such manufacturer, * or * distributor shall be required
to * register.

§ 3-623. The Commissioner shall have power to refuse to register
any * commercial * feed under a name which would be misleading as to
the materials of which it is composed, or when the names of each and all
of its ingredients are not stated, or if the guarantees of the constituent
parts of the feed do not meet the standards adopted by the Commissioner,
with the approval of the Board. a

§ 3-624. Should any * commercial * feeds be registered, and if it is
afterwards discovered that they are in violation of any of the provisions
of this chapter, the Commissioner shall have the power to cancel such
registration.

§ 3-626. The Commissioner with the approval of the Board, shall
from time to time adopt rules and regulations for carrying out the pro-
visions of this chapter, fix and publish standards or limits of variability
permissible in any article of * commercial * feed, and these standards,
rules and regulations when so published, shall be standards for Virginia
before all courts, but such standards shall not go into effect until a rea-
sonable time after publication. The Commissioner, with the approval of
the Board, shall have authority to make uniform rules and regulations
for carrying out the provisions of this chapter.

3-627. Every manufacturer, * or * distributor of any * commercial
* feed as defined in § 3-619 shall pay the Commissioner an inspection tax
of fifteen cents per ton for each ton of such commercial * feed sold, offered
or exposed for sale or distributed in this State *; provided, however, that
for all commercial feeds sold in individual packages of five pounds or less
the annual inspection fee shall be fifteen dollars for each brand in lieu of
any other fee imposed by this section on the tonnage so packaged.

As used in this chapter, the word “ton” shall mean a net weight of
two thousand pounds avoirdupois.

Each manufacturer or distributor subject to an inspection fee based
upon tonnage shall keep an accurate record of the tonnage of commercial
feed sold in the State. Such records shall be subject to examination and
verification by the Commissioner or his authorized representative during
regular business hours. ,

A report, under oath, on forms supplied by the Commissioner shall
be filed in the office of the Commissioner by each manufacturer or dis-
tributor subject to the provisions of this chapter on the fifteenth day of
January, April, July and October, setting forth the tonnage of commercial
feed sold in this State during the preceding calendar quarter, and the
inspection fee based upon such report shall then be due and payable to the
Commissioner. If the report is not filed and the inspection fee is not paid
by the due date, the Commissioner within five days thereafter shall notify
the manufacturer or distributor, by certified or registered mail, of his
failure to file or pay. If the inspection fee is not paid by the fifteenth day
following due date, the amount shall bear a penalty of ten per cent. which
shall be added to the inspection fee due and shall constitute a debt and be-
come the basis of judgment against such manufacturer or distributor.

Except as otherwise provided in § 8-629, filing the reports and pay-
ment of the fees required by this section shall be the responsibility of the
person, firm or corporation who distributes commercial feed to the ultimate
consumer thereof.

§ 3-628. The inspection tax of fifteen cents per ton shal] not apply
to * sales of commercial feeds to manufacturers or exchanges between.
manufacturers, provided the commercial feed so sold or exchanged is used.
solely in the manufacture of a registered feed or is sold outside this state..
720 ACTS OF ASSEMBLY [vA., 1956

Nothing in this chapter shall be construed as exempting any registered
commercial feed which enters into the composition of a feed mixture upon
oat pe, fee is paid from payment of the inspection fee provided for
in § 8-627.

; § 3-629. When the manufacturer, * or * distributor has paid the *
inspection fee provided for in § 3-627 *, no agent or seller of such manu-
facturer or * distributor shall be required to pay any additional * inspec-
tion fee for the same year.

§ 3-630. Upon demand, all inspection tags or stamps shall be re-
deemed by the Commissioner upon surrender of same, accompanied by an
affidavit that the same have not been used, provided such tags or stamps
are returned for redemption within * one year from the effective date
of this act. . .

§ 3-631. The money collected under the provisions of * § 3-627 *
shall be paid into the State treasury to the credit of the general fund.

§ 3-634. Any manufacturer, * or distributor, who shall sell, offer, or
expose for sale or distribution in this State any * commercial * feed, *
without complying with the requirements of this chapter, or which may
contain substantially a smaller percentage of crude protein, or crude fat,
or a larger percentage of crude fiber, than it is certified to contain, or
who shall mix or adulterate any * feed with foreign mineral or other
substances, such as rice chaff, hulls, cotton seed hulls, buckwheat hulls,
peanut shells, corn cobs, oat hulls, weed seeds, elevator chaff, screening
refuse, flax plant refuse, or * any materials of little or no feeding value,
unless the same shall have been accepted for a specific use by regulation of
the Board, or with substances injurious to the health of * animals shall be
guilty of a violation of the provisions of this chapter, and, in addition to
the fine prescribed in § 3-613, the lot of * feed mixed and adulterated shall
be subject to seizure, condemnation or sale by the circuit or corporation
court, as the case may be, the proceeds from such sales to be deposited in
the State treasury to the credit of the literary fund. The court, however,
may, in its discretion release the * feed so withdrawn when the require-
ments of this chapter have been complied with, and upon payment of all
costs and expenses incurred by the State in any proceedings connected
with such seizure and withdrawal.

§ 8-684.1. When the Commissioner has reasonable cause to believe
a lot of commercial feed is being distributed in violation of any of the pro-
visions of this chapter or of any regulation promulgated pursuant to this
chapter, he may issue and enforce a written or printed “withdrawal from
sale” order warning the distributor not to dispose of such feed in any
‘manner until written permission is given by the Commissioner or the court.
The Commissioner shall release the lot of commercial feed so withdrawn
‘when the provisions and regulations have been complied with and all costs
and expenses incurred in the withdrawal have been paid. If compliance
is not obtained within thirty days from the date of such order, the Com-
missioner shall begin proceedings for condemnation.

§ 3-684.2. If the analysis of any commercial feed bearing a guaran-
teed analysis of twenty-four per cent protein or less shall fall below the
guarantee as much as five per cent and not more than ten per cent of the
protein guarantee registered with the Commissioner, or branded on the
package, or shown on the invoice or delivery slip, it shall be the duty of
the Commissioner to assess twice the value of the deficiency against the
manufacturer or guarantor. If the analysis of such feed shall fall below
the guarantee over ten per cent of the protein guarantee, it shall be the
duty of the Commissioner to assess three times the value of the deficiency
against the manufacturer or guarantor.

If the analysis of any commercial feed bearing a guaranteed analysis
CH. 507] ACTS OF ASSEMBLY 721

of more than twenty-four per cent protein shall fall below the guarantee
as much as two per cent and not more than four per cent of the protein
guarantee registered with the Commissioner, or branded on the package,
or shown on the invoice or delivery slip, it shall be the duty of the Com-
missioner to assess twice the value of the deficiency against the manu-
facturer or guarantor. If the analysis of such feed shall fall below the
guarantee over four per cent of the protein guarantee, it shall be the duty
of the Commissioner to assess three times the value of the deficiency
against the manufacturer or guarantor.

If the analysis of any commercial feed shall fall more than one-half
of one per cent below the fat guarantee registered with the Commissioner,
or branded on the package, or shown on the invoice or delivery slip, it shall
be the duty of the Commissioner to assess twice the value of the deficiency
against the manufacturer or guarantor.

If the analysis of any commercial feed shall exceed by more than two
per cent the maximum fiber guarantee registered with the Commissioner,
or branded on the package, or shown on the invoice or delivery slip, it shall
be the duty of the Commissioner to assess ten per cent of the value of the
feed against the manufacturer or guarantor. If the analysis of any com-
mercial feed shall exceed the maximum fiber content established by regula-
tion by more than five per cent of the established maximum, it shall be the
duty of the Commissioner to assess ten per cent of the value of the feed
against the manufacturer or guarantor. In no case shall both of the fore-
going ‘penalties be assessed against a single lot of commercial feed.

If the microscopic analysis reveals that any commercial feed ts mis-
labeled, the Commissioner may, in his discretion, assess ten per cent of the
value of the feed against the manufacturer or guarantor.

The minimum assessment under any of the foregoing provisions shall
in no case be less than three dollars ($3.00), regardless of the value of
the deficiency.

All assessments levied by the Commissioner under any of the fore-
going provisions shall within two months from date of notice to the manu-
facturer or guarantor, be paid to the Commissioner who shall deposit the
same in the State treasury to the credit of the literary fund. Failure to do
so shall be grounds for the Commissioner to cancel all registrations of such
manufacturer or distributor. It shall be the duty of the Commissioner to
institute appropriate proceedings in the name of the Commonwealth to
recover such assessments.

The approximate retail value per pound of the various guarantees
shall be computed annually by the Commissioner and be used to establish
the relative value of the commercial feed sold or offered for sale in this
State. The Commissioner is authorized to furnish and upon application,
shall furnish such relative values to any persons engaged in the manu-
facture or sale of feed in this State.

For the purpose of this chapter the term “per cent” or “percentage”
shall mean percentage by weight. The term “value of the deficiency” means
the monetary value of the deficiency in protein or fat of the lot of com-
mercial feed from which the sample was collected. The value of the
deficiency may be calculated by multiplying the number of pounds of
protein or fat deficient in the sampled lot (as compared to the label guar-
antee) by the retail value per pound of protein or fat, computed by the
Commissioner as authorized in this section.

§ 3-635. The Commissioner, together with his agents, and assistants,
shall have free access to all places of business, mills, buildings, carriages,
cars, vessels and packages of whatsoever kind used in the manufacture,
transportation, importation or sale of any * commercial * feed, and shall
have power and authority to open any package containing or supposed to
contain any * commercial * feed; and, upon tender and full payment of
the selling price of the sample, to take therefrom, in the manner herein-
after prescribed, samples for analysis. oo,

§ 8-636. The Commissioner shall annually cause to be analyzed, in his
discretion, at least one sample so taken of every * commercial * feed that
is found, sold, offered or exposed for sale in this State under the pro-
visions of this chapter. ;

8-637. The sample, not less than one-fourth pound in weight, shall
be taken * as prescribed by regulation of the Board. .

§ 3-638. The Commissioner is hereby authorized to publish from time
to time, in reports or bulletins, the results of the analysis of such sample
or samples, together with such additional information as circumstances
advise; provided, however, that if such sample or samples as analyzed by
the analyst differ from the statement prescribed in § 3-620, then at least
thirty days before publication of the results of such analysis the Com-
missioner * shall give written notice of such results to the manufacturer,
* or * distributor of such * feed *.

§ 8-640. Any manufacturer, * or * distributor who refuses to comply
with the requirements of the provisions of this chapter or any manu-
facturer, * distributor or person who shall impede, obstruct, hinder or
otherwise prevent or attempt to prevent any chemist, inspector or other
authorized agent in the performance of his duty in connection with the
provisions of this chapter, shall be guilty of a * misdemeanor.

2. §§ 3-625, 3-630.1, 3-632, and 3-633 of the Code of Virginia are repealed.
38. This act shall be effective after January one, nineteen hundred
fifty-seven.