CHAPTER 148

Act to amend and reenact 8§ 8-518 as amended, 8-514, 8-515, 8-517,
8-518 and 8-520 of the Code of Virginia, relating, respectively, to defi-
nitions, the composition, terms of office, method of selection, organi-
zation and expenses of the Virginia State Apple Commission, powers
and duties of the Commission, excise taxes on certain apples, and
reports and forms and records required, so as to extend the class of
annles to which the tax applies, to change the method of selection of
members of the Virginia State Apple Commission and enlarge its
powers, to increase the tax, change the time for making certain
reports, and to provide how certain records and forms shall be

maintained.
Try Ann
Be it enacted by the General Assembly of Virginia:

1. That §§ 3-513 as amended, 3-514, 3-515, 3-517, 3-518 and 3-520 of the
Code of Virginia, be amended and reenacted as follows:

§ 3-513. Definitions.—As used in this article:

(1) The word “Commission” shall mean the Virginia State Apple
Commission.

(2) The word “person” shall mean and include individuals, corpora-
tions, partnerships, trusts, associations, cooperatives, and any and all other
business units, devices and arrangements.

(3) The word “packer” shall mean any person who first packs fresh
apples in a closed package for shipment or sale * or who packs for ship-
ment or sale graded fresh apples in a container without a lid that ts
fastened thereto. The word “packer” does not include any grower or other
person who puts fresh apples in a container and places the top on it for
delivery to a packing house or packing establishment for grading and sub-
sequent packing in a closed package for shipment or sale, but shall include
any grower or other person who packs graded fresh apples in a container
without a lid that is fastened thereto; in every such case the packer is the
person who grades such apples and packs them in a closed package for
shipment or sale or in a container without a lid that is fastened thereto.

(4) The word “bushel” shall mean a package with a content of not
less than two thousand one hundred forty cubic inches nor more than two
thousand five hundred cubic inches.

(5) The word “barrel” shall mean the United States standard barrel
containing approximately three bushels.

§ 3-514. Appointment, qualifications, terms, chairman and compen-
sation of Commission.—There is hereby continued, within the Department
of Agriculture and Immigration, an agency known as the Virginia State
Apple Commission, consisting of seven members representing as nearly as
possible each important apple-producing section of Virginia. * Each
member must be a citizen of Virginia and engaged in producing apples
in Virginia. *

The terms of the members in office when this amendment ts approved
by the Governor are continued to and shall expire on the date set forth in
this paragraph; the terms of the three members who have been members
of the Commission for the longest period of time shall expire July one,
nineteen hundred fifty-nine; the terms of the four remaining members
shall expire July one, nineteen hundred sixty. Their successors in each case
shall be elected for terms of two years beginning July one. Such successors
shall be elected in a referendum held by the Commissioner of Agriculture
and Immigration in the district for which a vacancy will exist on the Com-
mission. Any packer in such district who is liable in such district and pays
the tax imposed by this act shall have the right to vote in the referendum
held to fill such vacancy. The referendum shall be by secret ballot and shall
be held at least thirty days but not more than ninety days before the expi-
ration of the term of office of any member. In any case of a vacancy occur-
ring other than by the expiration of the term of office such vacancy shall
likewise be filled by a referendum held to elect a member for the unexpired
term. The candidate receiving the highest number of votes in a referendum
held hereunder shall thereupon be appointed by the Commissioner of
Agriculture and Immigration as a member of the Commission. The Com-
mission may make and enforce rules and regulations governing the con-
duct of the referendums and voting thereon.

The Commission shall elect one of its members as chairman. The
members of the Commission shall serve without compensation but they
shall be reimbursed for actual expenses incurred in attending meetings of
the Commission.
§ 8-515. Powers and duties.—(a) All funds levied and collected under
this article shall be administered by the Commission.

(b) It shall be the duty of the Commission to plan and conduct cam-
paigns of education, advertising, publicity, sales promotions, and research
for the purpose of increasing the demand for, and the consumption of,
Virginia apples, and the Commission may make contracts, expend moneys
of the Apple Merchandising Fund and do whatever else may be necessary
to effectuate the purposes of this article.

(c) The Commission shall have authority to cooperate with other
State, regional, and national agricultural and horticultural organizations
in research, advertising, publicity, education, and other means of promot-
ing the sale and use of apples, and to expend moneys of the Apple Mer-
chandising Fund for such purposes.

(d) The Commission shall have authority to appoint a secretary and
such other employees as may be necessary, at salaries to be fixed by the
Commission, subject to the provisions of the Virginia Personnel Act.

(e) The Commission shall have authority to prescribe the records and
forms which packers shall maintain in order to facilitate collection of the
tax and to require packers to maintain such records and forms in such
manner as will show the amount of tax due under this act.

§ 3-517. Excise tax levied—There shall be levied on all apples
packed in closed packages, or in containers without a lid that is fastened
thereto, in Virginia, which apples were produced in Virginia, an excise tax
of * four cents per bushel, * twelve cents per barrel, and on all other closed
packages, or in containers without a lid that is fastened thereto at the rate
of * four cents per bushel. Such excise tax shall be paid by the packer of
such apples at the time and in the manner hereinafter provided. * The tax
shall not apply to apples taxable under Article 1.1 of this Chapter.

§ 3-518. Report of apples packed.—Every packer shall submit to the
Commission not later than December thirty-first of each year a signed
statement of all apples packed through December fifteen by him during the
preceding crop season. Such apples shall be reported on forms prescribed
and furnished by the Commission. Any person who packs apples of the
preceding year’s production after December * fifteen shall file a signed
statement with the Commission not later than May thirty-first showing
such apples so packed by him.

§ 3-520. Records and forms.—The packer shall keep a complete
record of the apples packed by him and shall preserve such record and
pon far a period of not less than two years from the time such apples are

Such record and forms shall be established and maintained as required
by the Commission. Such record and forms shall be open to the inspection of
the Commission and its duly authorized agents.