CHAPTER 578

An Act to amend and reenact §§ 8-518 and 8-514, as amended, of the
Code of Virginia, relating to definitions under Virginia State Apple
Commission, and selection, qualifications, terms, chairman, expenses
of members; and to amend the Code of Virginia by adding sections
numbered 8-518.1 and 8-518.2, relating to districts for purposes of
representation on such Commission, and basis of representation.

[H 692]
Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 3-518 and 3-514, as amended, of the Code of Virginia be
amended and reenacted, and that the Code of Virginia be amended by
adding sections numbered 3-513.1 and 8-513.2, the amended and new sec-
tions being as follows:

3-513. 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.

) 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 is
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
subsequent packing in a closed package for shipment or sale, but shall
include any grower or other person who packs graded fresh apples in a con-
tainer 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.

: (6) The word “district” means one of the districts set forth in
8-513.1.

(7) The word “member” means a member of the Commission chosen
as provided in § 8-514.

§ 8-518.1. The commercial apple producing districts of Virginia and
the counties and city constituting the same are as follows:

Northern Virginia District—F rederick, Clark, Loudoun and Fair-
fax counties.
. Shenandoah—Rockingham, Shenandoah and Page counties.

III. Mid Shenandoah Valley District—Augusta, Rockbridge and

Buckingham counties.
. Roanoke District—Bedford, Botetourt, Franklin, Floyd, Gules,
Montgomery, Pulaski, Patrick and Roanoke counties.
Southwest Virginia District—Carroll, Smyth, Wise, Wythe, Dick-
enson, Grayson, Lee, Russell, Scott and Washington counties.

VI. Southern Piedmont District—Albemarle, Amherst, Nelson, Char-
lotte, Halifax, Hanover, Isle of Wight, James City, Louisa, Lunenburg,
Nottoway, Prince Edward, Southampton and Surry counties, and the city
of Newport News.

VII. Northern Piedmont District—Fauquier, Madison, Rappahan-
nock, Warren, Accomac, King William, Lancaster, Middlesex, Northamp-
ton, Northumberland, Orange and Richmond counties.

In any case in which the commercial production of apples begins in
any county not included above, such county shall be and become a part of
the nearest adjacent district; provided that if there are two or more such
districts such county shall become a part of that district which has the
lowest commercial apple production according to production records of the
Department of Agriculture and Immigration.

§ 8-518.2. Each district set forth in § 8-518.1 shall be entitled to
at least one member on the Commission chosen in the manner provided
in § 3-514. In addition, each district in which, for a five year period, the
average annual production of apples is at least two million two hundred
fifty thousand bushels of apples a year, shall be entitled to elect an addi-
tional member to the Commission. Further, each district in which, for a
five year period, the average annual production of apples exceeds two
million two hundred fifty thousand bushels of apples a year, shall be
entitled to elect an additional member to the Commission for each one
million five hundred thousand bushels of apples in excess of the above base
figure. In any case such additional representation shall be afforded only
while production remains at least at the level on which such additional
representation was afforded. Production shall be as shown by the records
of the Department of Agriculture and Immigration.

The additional members to which a district may become entitled shail
eae in the manner, at the time, and for the terms set forth m
-514.

§ 8-514. There is hereby continued, within the Department of Agri-
culture and Immigration, an agency known as the Virginia State Apple
Commission, consisting of at least seven members representing as nearly
as possible each important apple-producing section of Virginia with the
additional representation provided for under § 3-513.2 to be members also
and representing the districts from which chosen. Each member must
be a citizen of Virginia and engaged in producing apples in Virginia.

The terms of the members in office on March three, nineteen hundred
fifty-eight, 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, nine-
teen hundred fifty-nine; the terms of the four remaining members shall
expire July one, nineteen hundred sixty. In nineteen hundred sixty-four
and thereafter their successors in each case and the additional members,
of any, provided for under § 3-518.2, shall be elected for terms of two
years beginning July one. Such successors and the additional members, tf
any, provided for under § 8-518.2 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 Commission. Any packer in such dis-
trict who is liable in such district and pays the tax imposed by this article
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 expiration of the term of
office of any member. In any case of a vacancy occurring 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 candi-
date receiving the highest number of votes in a referendum held here-
under shall thereupon be appointed by the Commissioner of Agriculture
and Immigration as a member of the Commission. The Commission may
make and enforce rules and regulations governing the conduct 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.

2. An emergency exists and this act is in force from its passage.