CHAPTER 214

An Act to amend the Code of Virginia by adding in Title 8 a chapter,
numbered $1, containing sections numbered 8-710 through 8-729, relat-
ang to controlled atmosphere storage of certain fruit; providing for
registration of warehouses designed for that purpose and revocation
of same; the sale and delivery of fruit stored under such conditions;
and providing remedies and penalties. rH 187)

Approved March 10, 1964

Be it enacted by the General Assembly of Virginia :
1. That the Code of Virginia be amended by adding in Title 8 a chapter,
pampered 81, containing sections numbered 3-710 through 3-729, as

ollows

§ 3-710. The following enone shall apply in the interpretation
and the enforcement of this chapte

(1) “Board” means the oar of Agriculture and Immigration” of
the State of Virginia.

(2) “Commissioner” means the “Commissioner of Agriculture and
Immigration” of the State of Virginia.

(8) “Fruit” means any apples and peaches.
(4) “Controlled atmosphere storage” means any storage warehouse
consisting of one or more rooms in any one facility in which atmosphere
gases are controlled in their amount and in degrees of temperature for
the purpose of controlling the condition and maturity of fruit for a period
of not less than sixty days, in order that, upon removal, they may be des-
ignated as having been exposed to controlled atmosphere.

(5) “CA” has the same meaning as “controlled atmosphere storage”.

(6) “Person” means any individual, corporation, partnership, associ-
ation or other organized group of persons, or any business entity, by
whatever name designated and whether or not incorporated.

§ 3-711. It shall be unlawful for any person to sell, offer for sale,
hold for sale, or transport for sale any fruits represented as having
exposed to “controlled atmosphere storage” or to use any such terms or
form of words or symbols of similar import unless such fruits have been
stored in controlled atmosphere storage which meets the requirements of
this chapter or rules adopted hereunder.

§ 3-712. No person in this State shall place or stamp the letters
“CA” or a similar designation in conjunction with a number or numbers
upon any container or subcontainer of any fruits, unless the Commis-
sioner has inspected such fruits and validated a certificate stating their
condition, that they were stored in a warehouse registered under the
provisions of this chapter and that they meet all other requirements of
this chapter or rules adopted hereunder; and that a certificate number
and certificate date be affixed to all shipping documents.

§ 3-713. Any person engaging in the operation of a controlled atmos-
phere storage warehouse or warehouses may register with the Commis-
sioner. Such registration shall expire on August thirty-first of each year.

§ 3-714. Application for registration to operate a controlled atmos-
phere storage warehouse shall be on a form prescribed by the Commis-
sioner and shall include the following:

(1) The full name of the person applying for registration.

(2) If such applicant is an individual, receiver, trustee, firm, part-
nership, association or corporation, the full name of each member of the
firm or partnership or the names of the officers of the association or cor-
poration shall be given on the application.

(8) The principal business address of the applicant in the State and
elsewhere.

(4) The name of a person domiciled in this State authorized to
receive and accept service or legal notices of all kinds.

(5) The storage capacity of each controlled atmosphere storage ware-
house the applicant intends to operate by cubic capacity or volume.

(6) The kind of fruits for which the applicant intends to provide
controlled atmosphere storage.

(7) Any other information prescribed by the Commissioner necessary
to carry out the purposes and provisions of this chapter.

The Commissioner shall register an applicant upon his satisfaction
that the applicant has satisfied the requirements of this chapter and rules
and regulations adopted hereunder.

§ 3-715. The Commissioner shall enforce and carry out the provi-
sions of this chapter, and the Board, in order to protect purchasers of
fruit and to ensure the quality of fruit stored under CA, shall adopt the
necessary rules and regulations to carry out its purposes.

§ 3-716. The Board of Agriculture and Immigration, in order to
protect purchasers of fruit and to ensure the quality of fruit stored under
CA, shall adopt rules and regulations for apples and peaches after con-
Socntee with the Board of Directors of the Virginia State Horticultural

ociety :

(1) Prescribing components of the atmosphere required including the
maximum amount of oxygen that may be retained in a sealed controlled
atmosphere storage warehouse.

(2) Prescribing the period within which the oxygen content shall be
reduced to the amount prescribed in subsection (1) of this section.

(3) The length of time not exceeding ten months and the degrees of
temperature at which fruits shall be retained in controlled atmosphere
storage before they may be classified as having been stored in controlled
atmosphere storage.

_§ 3 The Commissioner is authorized to deny, suspend or revoke
registration provided for in § 8-718 of this chapter subsequent to a hear-
ing, in any case in which he finds that there has been a failure or refusal
to comply with the provisions of this chapter or rules and regulations
adopted hereunder. All rules and regulations, actions, and hearings for a
denial, suspension or revocation of the registration shall be subject to the
provisions of chapter 1.1 of Title 9 of the Code of Virginia relating to
contested cases.

§ 3-718. The Commissioner when issuing a registration to an appli-
cant, shall include a warehouse number which shall be preceded by the
letters “VA-CA”.

§ 8-719. Any owner or, with the consent of the owner, a proposed
buyer of any fruits subject to the provisions of this chapter may apply to
the Commissioner for inspection and certification as to whether such fruits
weet the requirements provided for in this chapter or rules adopted here-
under.

§ 3-720. The Board, acting under § 3-716, shall prescribe the neces-
sary fees to be charged to the registrant or owner for the inspection and
certification of any fruits subject to the provisions of this chapter or rules
adopted hereunder; provided, however, that in no case shall the fees so set
exceed the fees charged for inspection of such fruit not under CA storage.
If the inspection fees payable under this act are not paid within ten days,
the Commissioner may withdraw inspection or refuse to perform any
inspection or certification services for the person in arrears; provided,
that the Commissioner in such instances may demand and collect inspec-
tion and certification fees prior to inspecting and certifying any fruits for
such person.

§ 3-721. Every inspection certificate issued by the Commissioner
under the provisions of this chapter shall be received in all courts of the
State as prima facie evidence of the facts stated therein.

§ 3-722. All moneys collected under the provisions of this chapter
for the inspection and certification of any fruits subject to the provisions
of this chapter shall be handled and deposited in the manner provided for
in § 3-29 of the Code of Virginia, for the handling of inspection and cer-
tification fees derived from the inspection of any agricultural products.

3-723. When packages of fruits are placed in transit for sale or
delivery or delivered for storage, such transit or delivery shall be prima
facie evidence that the fruits are offered or transported for sale.

§ 3-724. 'The Commissioner may bring an action to enjoin the viola-
tion or threatened violation of any provision of this chapter or any rule
adopted pursuant thereto in the court having jurisdiction in the county or
city in which such violation occurs or is about to occur, notwithstanding
the existence of any other remedies at law.

§ 3-725. The provisions of this chapter shall be cumulative and non-
exclusive and shall not affect any other remedy.

§ 3-726. Any person violating the provisions of this chapter or rules
adopted hereunder is guilty of a misdemeanor and shall be punished as
provided by law.

§ 3-727. The Commissioner, with the prior approval of the Board,
may cooperate with and enter into agreements with governmental agen-
cies of this State, other states and agencies of the federal government in
order to carry out the purpose and provisions of this chapter, but not to
extend, alter or change its application.

§ 3-728. Any fruits now in controlled atmosphere storage and re-
moved after the effective date of this chapter may be marked, shipped,
represented and sold as having been exposed to controlled atmosphere
storage if such fruits meet the requirements of this chapter and the rules
and regulations adopted hereunder.

8-729. All authority vested in the Commissioner by virtue of the

provisions of this chapter may, with like force and effect, be executed by
such persons as the Commissioner may from time to time designate for
such purpose.
2. If any part, provision or application of this chapter shall be adjudged
to be invalid or unconstitutional, such adj udication shall not affect the
validity of the remaining parts or provisions of this chapter or other
applications of any such part or provision.