CHAPTER 518

An Act to amend the Code of Virginia by adding in Title 3 thereof a
new chapter numbered 25.1, consisting of sections numbered 8-689.1
through 3-689.16, to regulate manufacture and distribution of certain
animal foods; to confer certain powers and impose certain duties on
the Commissioner of Agriculture and Immigration; to provide pen-
alties for violations; and to provide for the disposition of certain
funds; and to repeal Chapter 25 of Title 3 of the Code of Virginta
consisting of §§ 3-677 through 8-689, relating to dog food. [S283]

Approved March 30, 1956

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding in Title 3 thereof
a new chapter numbered 25.1 consisting of sections numbered 3-689.1
through 3-689.16 as follows:

§ 3-689.1. This Act shall be known as the “Virginia Canned Animal
Food Law of 1956”.

§ 3-689.2. This chapter shall be administered by the Commissioner
of Agriculture and Immigration of the State of Virginia, hereinafter re-
ferred to as the “Commissioner”. 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 Department of Agriculture and Im-
migration as the Commissioner may from time to time designate for said
purpose.

§ 3-689.3. When used in this chapter:

a. The term “distribute” means to offer for sale, sell, barter, or other-
wise supply canned animal food.

The term “animal” means any animate being, which is not human,
endowed with the power of voluntary action.

c. The term “food ingredient” means each of the constituent mater-
ials making up a canned animal food.

d. The term “Board” means the Virginia Board of Agriculture and
Immigration.

e. The term “canned animal food” means all materials packed in
metal cans, in glass containers, or in any airtight containers, which are
distributed for use as food for animals.

The term “brand” means the term, design, or trademark and other
specific designation under which an individual canned animal food is dis-
tributed in this State.

g. The term “label” means a display of written, printed, or graphic
matter upon the immediate container of any canned animal food; and a
requirement made under authority of this chapter that any word, state-
ment, or other information appearing on the label is not complied with
unless such word, statement or other information also appears on the out-
side container or wrapper, of the retail package of such article, or is easily
legible through the outside container or wrapper.

h. The term “labeling” means all labels and other written, printed,
graphic or advertising matter:

(1) Upon the canned animal food or any of its containers or wrap-
pers; or
CH. 518] ACTS OF ASSEMBLY 137

(2) Pertaining whatsoever to the canned animal food.

i. The term “per cent” or “percentage” means percentage by weight.

j. The term “official sample’ means any sample of canned animal
food taken by the Commissioner and designated as “official” by the Com-
missioner.

k. The term “distributor” means a person who offers for sale, sells,
barters or otherwise supplies canned animal food.

l. The term “animal remedies” means all drugs, combinations of
drugs, proprietary medicines, and combinations of drugs and other in-
gredients, other than for food purposes or cosmetic purposes, which are
prepared or compounded for animal use; except those exempted by the
Commissioner.

m. The term “medicated food” means a product obtained by mixing a
drug with a material which is to be used as, or as a component of, a canned
animal food. A “medicated food” is subject to all provisions of this
chapter, except as otherwise determined by the Commissioner as provided
in paragraph i. of § 4 of this chapter.

n. The term “advertisement” means all representations, other than
those on the label, disseminated in any manner or by any means, relating
to canned animal foods.

o. The term “meat’’ means the edible part of the muscle of cattle,
sheep, swine, or goats which is skeletal or which is found in the tongue, in
the diaphragm, in the heart, or in the esophagus, with or without the ac-
companying and overlapping fat, and the portions of bone, skin, sinew,
nerve, and blood vessels which normally accompany the muscle tissue and
which are not separated from it in the process of dressing. It does not
include the muscle found in the lips, snout or ears.

The term “meat” when used in a qualified form, as for example,
“horse meat”, “chicken meat”, “crab meat”, etc., is then, and then only,
properly applied to the corresponding portions of animals other than cattle,
swine, sheep and goats.

p. The term “meat by-products”, means any edible part other than
meat which has been derived from one or more cattle, sheep, swine or goats.

The term “meat by-products” when used in a qualified form, as in the
case of the foregoing definition for “meat”, and as, for example, “horse
meat by-products”, “chicken meat by-products”, “crab meat by-products”,
etc., is then, and then only, properly applied to the corresponding portions
of animals other than cattle, swine, sheep and goats.

q. The term “edible” means edible for animals. :

r. The term “offer for sale” includes holding, keeping, exposing,
offering for sale or commercial application.

§ 3-689.4. a. Every canned animal food 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 with the Commissioner. All
registration of products shall expire on the thirty-first day of December,
following date of issuance, unless otherwise terminated.

i Ps The registrant shall file with the Commissioner a statement in-
cluding:

(1) the name and address of the registrant and the name and address
of the person whose name will appear on the label, if other than the
registrant;

(2) the name of the canned animal food;

(3) a complete copy of the labeling accompanying the canned animal
food and a statement of all claims made and to be made for it’

(4) if requested by the Commissioner a full description of the tests
made and the results thereof upon which the claims are based. In the
case of renewal of registration, a statement shall be required only with
respect to information which is different from that furnished when the
canned animal food was registered or last reregistered ;

(5) if requested by the Commissioner, a certified copy of the most
recent chemical analysis of the canned animal food, which gives in detail
information concerning all of the essential requirements of this chapter
and of the regulations issued thereunder relative to quality standards.
Such analysis shall have been made not more than three months prior to
the date it is furnished to the Commissioner, provided that the Commis-
sioner may waive any item of information which he may deem to be
unnecessary ;

(6) if requested by the Commissioner, a statement of the type of
inspection under which the canned animal food is produced. If not inspected,
the registrant shall so state.

c. The registrant, before selling or offering for sale any canned animal
food in this State, shall register each brand of such canned animal food
with the Commissioner upon forms furnished by the Commissioner, and,
for the purpose of carrying out the provisions of this chapter, and for
the development of methods necessary in the analysis and evaluation of
canned animal foods and ingredients proposed for use in canned animal
foods, shall pay to the Commissioner an annual inspection fee of twenty-
five dollars for each and every brand to be offered for sale in this State,
whereupon there shall be issued to the registrant by the Commissioner a
certificate entitling the registrant to sell all duly registered brands in this
State until the expiration of the certificate. All certificates shall expire
on December thirty-one of each year unless otherwise terminated, and
are subject to renewal upon receipt of annual inspection fees.

d. If it does not appear to the Commissioner that the article is such
as to warrant the proposed claims for it or if the article and its labeling
and other material required to be submitted do not comply with the pro-
visions of this chapter, he shall notify the registrant of the manner in
which the article, labeling, or other material required to be submitted fail
to comply with this chapter so as to afford the registrant an opportunity to
make the necessary corrections.

e. The Commissioner is authorized and empowered to refuse to regis-
ter, or to cancel the registration of, any brand of canned animal food as
herein provided, upon satisfactory 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
promulgated thereunder: Provided, that no registration shall be revoked
or refused until the registrant shall have been given an oportunity to be
heard either orally or in writing or by his attorney or in person by the Com-
missioner.

f. Notwithstanding any other provision of this chapter, registration
is not required in the case of a canned animal food shipped from one plant
within this State to another plant within this State operated by the same
person.

g. The manufacturer or person responsible for placing on the market
a brand of canned animal food which is offered for sale, sold or other-
wise distributed in this State before it has been properly registered shall
be subject to a penalty of twenty-five dollars payable to the Commissioner,
who shall deposit the same in the State treasury to the credit of the
Literary Fund. This penalty shall be paid before the brand is registered.

The Commissioner may determine whether a preparation intended
for animal uSe and subject to registration shall be registered as a canned
animal food and/or as an animal remedy.

i. When, in the course of a registration period, a registrant changes a
CH. 518] ACTS OF ASSEMBLY 739

registered label, which change, in the opinion of the Commissioner, is not
material to such label, the Commissioner may accept such new label for the
balance of the registration period without requiring an additional inspec-
tion fee. Any change in the label statements required by § 3-689.6-a. may
be deemed to be a material change in such label. .

§ 3-689.5. No person shall distribute an adulterated canned animal
food. A canned animal food shall be deemed to be adulterated :

a. If any poisonous, deleterious or non-nutritive ingredient has been
added in sufficient amount to render it injurious to animal health. _

b. If any valuable constituent has been in whole or part omitted or
abstracted therefrom or any inferior substance substituted therefor. __

c. If its composition or quality falls below or differs from that which
it is purported or is represented to possess by its labeling.

d. If it was prepared or held under unsanitary conditions whereby it
may have become contaminated with filth, or whereby it may have been
rendered injurious to animal health.

e. If it consists in whole or in part of any filthy, putrid, decomposed,
tainted, unsound or unwholesome substance.

f. If its container is composed of any injurious or deleterious sub-
stance which may render it injurious to health.

g. If it consists in whole or in part of any substance except edible
meat, edible meat by-products, edible cereals and/or other edible food
ingredients necessary to meet the requirements claimed.

§ 3-689.6. No person shall distribute misbranded canned animal food.
A canned animal food shall be deemed to be misbranded:

a. Unless the label bears:

(1) The name and principal address of the distributor or person re-
sponsible for placing such canned animal food on the market.

(2) The name, brand or trade-mark under which the canned animal
food is sold. ;

(83) An accurate statement of the net weight of the contents.

(4) An accurate statement of the minimum percentage of crude
protein.

(5) An accurate statement of the minimum percentage of crude fat.

(6) An accurate statement of the maximum percentage of crude fiber.

(7) The English name of each ingredient, and in the case of a canned
animal food containing a drug or drugs, the English name of each drug
ingredient shall be stated and also the percentage of each drug ingredient,
or, in the case of antibiotics, the number of grams of each such active in-
gredient present in one pound of the product. The drug information
shall appear on the label in the specific manner acceptable to the Com-
missioner. ;

(8) Adequate warnings against use in those conditions, whether patho-
logical or normal, where its use may be dangerous to the health of animals,
or against unsafe use or application as are necessary for the protection
of animals.

b. If the labeling is false or misleading in any particular.

ce. If it is distributed under the name of another canned animal food.

d. If its container is so made, formed or filled as to be deceptive or
misleading as to the amount of contents.

e. If its labeling bears any reference to registration under this
chapter.

f. If it purports to contain or is represented as containing a food
ingredient, unless such food ingredient conforms to the definition of
identity, if any, prescribed by regulation of the Board.

g. If any word, statement, or other information required by or under
authority of this chapter to appear on the label or labeling is not promi-
nently placed thereon with such conspicuousness (as compared with other
words, statements, designs, or devices in the labeling) and in such terms as
to render it likely to be read and understood by the ordinary individual
under customary conditions of purchase and use.

In case of any dietary claim, the Commissioner may require proof
of the validity of any statement or statements made. Such data or in-
formation shall be treated confidentially and not become public knowledge.

§ 3-689.7. a. It shall be the duty of the Commissioner to sample, in-
spect, make analyses of, and test canned animal foods distributed within
this State at such time and place to such an extent as he may deem neces-
sary to determine whether such canned animal foods are in compliance with
the provisions of this chapter. The Commissioner is authorized to enter
upon any public or private premises and any vehicle of transport during
regular business hours in order to have access to canned animal foods and
records relating to their transportation or sale subject to the provisions of
this chapter and the rules and regulations pertaining thereto.

7 . The methods of sampling and analysis shall be those adopted by the
oar

c. The Commissioner, in determining for administrative purposes
whether a canned animal food is deficient in any component, shall be
guided solely by the official sample as defined in paragraph j of § 3-689.3
and obtained and analyzed as provided for in this section.

d. When the inspection and analysis of an official sample indicate a
canned animal food has been adulterated or misbranded, the results of
analysis shall be forwarded by the Commissioner to the distributor or dis-
tributors.

§ 3-689.8. The Commissioner is hereby charged with the enforcement
of this chapter and the Board after due publicity and due public hearing
is empowered to promulgate and adopt such reasonable rules, regulations
and standards as may be necessary in order to secure the efficient adminis-
tration of this chapter.

§ 3-689.9. a. “Withdrawal from sale” orders. When the Commis-
sioner has reasonable cause to believe a lot of canned animal food is being
distributed in violation of any of the provisions of this chapter or of any
of the prescribed regulations under this chapter, he may issue and enforce
a written or printed “withdrawal from sale” order warning the distributor
not to dispose of the canned animal food in any manner until written
permission is given by the Commissioner or the court. The Commissioner
shall release the lot of canned animal food so withdrawn when the provis-
ions and regulations have been complied with and all costs and expenses in-
curred in the withdrawal have been paid. If compliance is not obtained
within thirty days, the Commissioner shall begin proceedings for con-
demnation. .

b. Condemnation and Confiscation. Any lot of canned animal food
not in compliance with the provisions of this chapter shall be subject to
seizure on complaint of the Commissioner to a court of competent jurisdic-
tion in the area in which said lot of canned animal food is located. In the
event the court finds the said lot of canned animal food to be in violation of
this chapter and orders the condemnation of said lot of canned animal food,
it shall be disposed of in any manner consistent with the quality of the lot
of canned animal food and the laws of the State; provided, that in no in-
stance shall the disposition of said lot of canned animal food be ordered
by the court without first giving the claimant an opportunity to apply to
the court for release of said lot of canned animal food or for permission to
process or re-label said lot of canned animal food to bring it into compliance
with this chapter.

§ 3-689.10. a. Any person convicted of violating any of the provi-
sions of this chapter or the rules and regulations issued thereunder or who
shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent
CH. 518] ACTS OF ASSEMBLY 741

said Commissioner in performance of his duty in connection with the
provisions of this chapter, shall be guilty of a misdemeanor. In all prosecu-
tions under this chapter involving the composition of a lot of canned animal
food, a certified copy of the official analysis signed by the Commissioner or
analyst shall be accepted as prima facie evidence of the composition.

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

c. It shall be the duty of each attorney for the Commonwealth to
whom any violation is reported to cause appropriate proceedings to be in-
stituted and prosecuted in a court of competent jurisdiction without delay.
Before the Commissioner reports a violation for such prosecution, an op-
portunity shall be given the distributor to present his views to the Com-
missioner either orally or in writing, in person or by attorney.

d. The Commissioner is hereby authorized to apply for and the court
to grant a temporary or permanent injunction restraining any person from
violating or continuing to violate any of the provisions of this chapter or
any rule or regulation promulgated under the chapter notwithstanding
ne putes of other remedies at law, said injunction to be issued without

ond.

e. Assessments. (1) If the analysis of any canned animal food 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, it shall be the duty of the Commissioner to assess
twice the value of the deficiency in the lot sampled or the original ship-
ment represented thereby against the manufacturer or guarantor. If the
analysis of such canned animal food shall fall below the guarantee over
ten per cent of the protein guarantee, it shall be the duty of the Com-
missioner to assess three times the value of the deficiency in the lot
sampled or the original shipment represented thereby against the manu-
facturer or guarantor.

(2) If the analysis of any canned animal food shall fall more than one-
half of one percent below the fat guarantee registered with the Commis-
sioner, or branded on the package, it shall be the duty of the Commissioner
to assess twice the value of the deficiency in the lot sampled or the original
shipment represented thereby against the manufacturer or guarantor.

(3) If the analysis of any canned animal food shall exceed by more
than one-half of one per cent the maximum fiber guarantee registered with
the Commissioner, or branded on the package, it shall be the duty of the
Commissioner to assess ten per cent of the value of the lot sampled or the
original shipment represented thereby against the manufacturer or guaran-
tor. If the analysis of any canned animal food shall exceed the maximum
fiber content established by regulation 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 lot sampled or the original shipment repre-
sented thereby against the manufacturer or guarantor. In no case shall
both of the foregoing penalties be assessed against a single lot of canned
animal food.

(4) If the analysis of any canned animal food shall exceed the maxi-
mum ash content established by regulation, it shall be the duty of the
Commissioner to assess ten per cent of the value of the lot sampled or the
original shipment represented thereby against the manufacturer or guar-
antor. This penalty shall be in addition to any other penalty assessed.

(5) If the analysis of any canned animal food shall exceed the maxi-
mum moisture content established by regulation, it shall be the duty of
742 ACTS OF ASSEMBLY [VA., 1956

the Commissioner to assess ten per cent of the value of the lot sampled or
the original shipment represented thereby against the manufacturer or
guarantor. This penalty shall be in addition to any other penalty assessed.

(6) If the microscopic analysis reveals that any canned animal food
is mislabeled, the Commissioner may, in his discretion, assess ten per
cent of the value of the canned animal food against the manufacturer or
guarantor.

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

(8) All assessments levied by the Commissioner under any of the
foregoing provisions shall within one month from date of notice to the
manufacturer or guarantor, be paid to the Commissioner. Failure to do
so shall be the grounds for the Commissioner to cancel all registrations
of such manufacturer or distributor. All such moneys so collected shall
be paid into the State treasury to the credit of the Literary Fund.

(9) The approximate retail value per pound of the various guar-
antees shall be computed by the Commissioner and be used to establish the
relative value of the canned animal food sold or offered for sale in this
State. The Commissioner is authorized to furnish, upon application, such
relative values to any persons engaged in the manufacture or sale of
canned animal food in this State.

§ 3-689.11. The Commissioner may publish at such times and in such
forms as he may deem proper, information concerning the sales of canned
animal foods, together with such data on their production and use as he
may consider advisable, and a report of the results of the analyses of
official samples of canned animal foods sold within the State as compared
with the analyses guaranteed in the registration and on the label: Provided,
however, that the information concerning production and use of canned
animal foods shall not disclose the operations of any person.

§ 3-689.12. No person shall:

a. Distribute, deliver or hold any canned animal food which has not
been registered with the Commissioner as provided in § 3-689.4.

b. Manufacture, distribute, deliver or hold any canned animal food
that is adulterated or misbranded.

c. Disseminate any advertisement which is false or misleading in any
respect, but no person or medium for the dissemination of any advertise-
ment, except the manufacturer, packer, distributor, or seller of the article
to which a false advertisement relates, is subject to the penalties for vio-
lations of this chapter, by reason of the dissemination by him of such
false advertisement, unless he refused, on the request of the Commissioner
to furnish the name and address of the manufacturer, packer, distributor,
seller, or advertising agency which caused him to disseminate such adver-
tisement.

d. Refuse to permit entry or inspection, or to.permit the acquisition
of a sample or specimen of a canned animal food, as authorized by § 3-689.7.

e. Dispose of a detained article in violation of § 3-689.9.

f. Give a guaranty which is false, except a person who relied on a
guaranty to the same effect signed by, and containing the name and
address of, the person from whom he received the canned animal food in
good faith.

g. Alter, mutilate, destroy, obliterate, or remove any part of the
labeling of any canned animal food if such acts result in such canned
animal food being misbranded, or do any other act, while such canned
animal food is being held for sale, which results in the misbranding of
such article.

h. Forge, counterfeit, simulate, or falsely represent, or without proper
CHS. 518, 519] ACTS OF ASSEMBLY 743

authority use, any mark, stamp, tag, label, or other identification device
required by § 3-689.6, ;

§ 3-689.13. If any clause, sentence, paragraph, or part of this chapter
shall for any reason be judged invalid by any court of competent juris-
diction, such judgment shall not affect, impair, or invalidate the remainder
thereof but shall be confined in its operation to the clause, sentence, para-
graph, or part thereof directly involved in the controversy in which such
judgment shall have been rendered. .

§ 3-689.14. All laws and parts of laws in conflict with or inconsistent
with the provisions of this chapter are hereby repealed. .

§ 3-689.15. a. Any non-resident person desiring to distribute within
this State any canned animal food, and any such non-resident who may be
subject otherwise to the provisions of this chapter, shall file a written power
of attorney designating the Secretary of the Commonwealth of Virginia
or a resident agent as the agent of such non-resident upon whom service
of process may be had in the event of any suit or action against such non-
resident person; and such power of attorney shall be so prepared and in
such form as to render effective the jurisdiction of the courts of Virginia
over such non-resident persons and make such persons amenable to the
jurisdiction of the courts of this State. The Secretary of the Common-
wealth of Virginia shall be allowed such fees therefor as provided by law for
designating resident agents. The Commissioner shall be furnished with a
copy of such designation of the Secretary of the Commonwealth of Vir-
ginia or of a resident agent, such copy to be duly certified by the Secretary
of the Commonwealth of Virginia.

b. The Commissioner may also require any nonresident 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 therein named shall pay for any and all damages suffered
by any person by reason of the negligence of the principal or his or its
agents in the conduct of said business and shall honestly conduct said busi-
ness and as otherwise conditioned by said Commissioner, 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 person having a right of action against such person may bring suit
against the principal and sureties on such bond. Should the surety fur-
nished become unsatisfactory, said person shall execute a new bond and
should he fail to do so, it shall be the duty of the Commissioner to cancel
his registration and give him notice of said fact, and it shall be unlawful
thereafter for such person to engage in said business without obtaining a
new registration.

§ 3-689.16. All moneys collected by the Department of Agriculture
and Immigration under the provisions of § 3-689.4, subsection ¢ of this
chapter shall be paid into the State treasury to the credit of the general

‘und.
2. Chapter 25 of Title 3 of the Code of Virginia consisting of §§ 3-677
through 3-689, inclusive, is repealed.
8. This act shall be effective January one, nineteen hundred fifty-seven.