CHAPTER 529

AN ACT to amend and reenact § 3-310 of the Code of Virginia, relating to
Penalties for violations of certain acts related to the adulteration, mis-
branding and false advertising of foods. 8 821]

Approved March 30, 1956

Be it enacted by the General Assembly of Virginia:

an That § 3-310 of the Code of Virginia be amended and reenacted as
ollows:

§ 8-310. (a) Any person who * violates any of the provisions of
§ 3-308 shall be guilty of a misdemeanor and shall on conviction thereof
be punished in the manner provided by law for the punishment of mis-
demeanors. Provided, however, that no wholesale or retail merchant who
purchases food or drink in a closed container from a reputable manu-
facturer shall be found guilty under this section unless such person
knowingly violated the provisions of § 3-308.

(b) No person shall be subject to the penalties of subsection (a) of
this section, for having violated subsections (a) or (c) of § 3-308 if he
establishes a guaranty or undertaking signed by, and containing the name
and address of, the person residing, or having a place of business, or an
agent or representative on whom process may be served, in the State, from
or through whom he received in good faith any food, to the effect that such
food is not adulterated or misbranded within the meaning of this article,
designating this article.

(c) No publisher, radio-broadcast licensee, or agency or medium for
the dissemination of an advertisement, except the manufacturer, packer,
distributor or seller of the article to which a false advertisement relates,
shall be liable under this section by reason of the dissemination by him of
such false advertisement, unless he has refused, on the request of the Com-
missioner to furnish the name and post office address of the manufacturer.
packer, distributor, seller or advertising agency, residing in the State who
caused him to disseminate such advertisement.