CHAPTER 181

An Act to amend and reenact §§ 3.1-807, 3.1-809, 3.1-814 as amended,
and 3.1-821, of the Code of Virginia, relating to marking bags or other
containers of commercial feed, the termination of the requirement
of the power of attorney for out-of-state firms, notice of tax due and
increase in the penalty for mislabeling.

[S 204]

Approved March 13, 1968

Be it enacted by the General Assembly of Virginia:
1. That §§ 3.1-807, 3.1-809, 3.1-814 as amended, and 3.1-821, of the Code
of Virginia be amended and reenacted as follows:
§ 3.1-807. Marking bags or other containers; proof of dietary claims;
invoice required when feed sold in bulk; labelling of feed containing drugs
or dangerous substances.—Every bag, barrel or other container of com-
mercial feed sold, offered or exposed for sale within this State, shall have
affixed thereto, or printed thereon, in a conspicuous place on the outside
thereof, a legible and plainly printed statement, in the English language
clearly and truly certifying the net weight of the package; the name,
brand or trademark under which the article is sold; the name and address
of manufacturer or distributor; the name of each and all ingredients of
which the article is composed or the statement, “Ingredients as registered
with the State,” may be substituted for the name of each and all ingre-
dients provided the Commissioner is furnished with the list of ingredients,
through registration, that will be used in manufacturing the feed providing
such manufacturer or distributor shall provide the purchaser, upon re-
quest, a printed statement of such ingredients; a statement of the
maximum percentage it contains of crude fiber and the minimum
percentage of crude fat and the minimum percentage of crude protein;
all three constituents to be determined by the methods prescribed by
the Board. In the case of any commercial feed containing five percent
or more of mineral ingredients, such statement shall include the minimum
and maximum percentages of calcium and salt and the minimum per-
centages of iodine and phosphorus.

In the case of any dietary claim the Commissioner may require
proot of the validity of such claim. Such data shall not be divulged to the
public.

If any commercial feed is delivered in bulk, the distributor shall, at
the time of delivery, furnish the recipient with an invoice setting forth
all information required by this section. If a commercial feed contains
drugs or substances potentially dangerous to animal health, the label shall
provide such directions for use and warnings against misuse as the Com-
missioner may deem necessary.

§ 3.1-809. Service upon nonresidents subject to chapter; requiring
bond or security; action on bond.—*The Commissioner may * require
any nonresident person, firm or corporation 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 malfeasance, misfeasance or nonfeasance of the principal
or his or its agents in the conduct of said business, 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 any such person, firm
or corporation may bring suit against the principal and sureties on
such bond. Should the surety furnished become unsatisfactory, said per-
son, firm, or corporation shall execute a new bond and should he or it fail
to do so, it shall be the duty of the Commissioner to cancel such registra-
tion and give notice of said fact, and it shall be unlawful thereafter for
such person, firm or corporation to engage in said business without obtain-
ing a new registration.

§ 3.1-814. Inspection tax imposed; records, reports and payments;
ton defined.—Every manufacturer, or distributor of any commercial feed
as defined in § 3.1-806 shall pay the Commissioner an inspection tax of
twenty cents per ton for each ton of such commercial feed sold, offered
or exposed for sale or distributed in this State; provided, however, that
for all commercial feeds sold in individual packages of five pounds or less
the annual inspection fee shall be fifteen dollars for each brand in lieu of
any other fee imposed by this section on the tonnage so packaged.
As used in this chapter, the word “ton” shall mean a net weight of
two thousand pounds avoirdupois.

Each manufacturer or distributor subject to an inspection fee based
upon tonnage shall keep an accurate record of the tonnage of commercial
feed sold in the State. Such records shall be subject to examination and
verification by the Commissioner or his authorized representative dur-
ing regular business hours.

A report, under oath, on forms supplied by the Commissioner shall be
filed in the office of the Commissioner by each manufacturer or distrib-
utor subject to the provisions of this chapter on the fifteenth day of
January, April, July and October, setting forth the tonnage of commercial
feed sold in this State during the preceding calendar quarter, and the
inspection fee based upon such report shall then be due and payable to
the Commissioner. If the report is not filed and the inspection fee is not
paid by the due date, the Commissioner within five days thereafter shall
notify the manufacturer or distributor * of his failure to file or pay.
If the inspection fee is not paid by the fifteenth day following due date,
the amount shall bear a penalty of ten percent, which shall be added to the
inspection fee due and shall constitute a debt and become the basis of judg-
ment against such manufacturer or distributor.

Except as otherwise provided in § 3.1-816, filing the reports and pay-
ment of the fees required by this section shall be the responsibility of the
person, firm or corporation who distributes commercial feed to the ultimate
consumer thereof.

Twenty-five per centum of the revenue derived from the inspection
tax shall be paid by the Commissioner into the State treasury to the credit
of the Virginia Agricultural Foundation Fund.

§ 8.1-821. Assessments for variance from guaranteed analysis and
mislabeling.—If the analysis of any commercial feed bearing a guaranteed
analysis of twenty-four percent protein or less shall fall below the
guarantee as much as five percent and not more than ten percent of the
protein guarantee registered with the Commissioner, or branded on the
package, or shown on the invoice or delivery slip, it shall be the duty
of the Commissioner to assess twice the value of the deficiency against
the manufacturer or guarantor. If the analysis of such feed shall fall below
the guarantee over ten percent of the protein guarantee, it shall be the
duty of the Commissioner to assess three times the value of the deficiency
against the manufacturer or guarantor.

If the analysis of any commercial feed bearing a guaranteed analysis
of more than twenty-four percent protein shall fall below the guarantee
as much as two percent and not more than four percent of the protein
guarantee registered with the Commissioner, or branded on the package,
or shown on the invoice or delivery slip, it shall be the duty of the Com-
missioner to assess twice the value of the deficiency against the manu-
facturer or guarantor. If the analysis of such feed shall fall below the
guarantee over four percent of the protein guarantee, it shall be the duty
of the Commissioner to assess three times the value of the deficiency
against the manufacturer or guarantor.

If the analysis of any commercial feed shall fall more than one half of
one percent below the fat guarantee registered with the Commissioner,
or branded on the package, or shown on the invoice or delivery slip, it shall
be the duty of the Commissioner to assess twice the value of the deficiency
against the manufacturer or guarantor.

If the analysis of any commercial feed shall exceed by more than
two percent the maximum fiber guarantee registered with the Commis-
sioner, or branded on the package, or shown on the invoice or delivery
slip, it shall be the duty of the Commissioner to assess ten percent of the
value of the feed against the manufacturer or guarantor. If the analysis
of any commercial feed shall exceed the maximum fiber content estab-
lished by regulation by more than five percent of the established maxi-
mum, it shall be the duty of the Commissioner to assess ten percent of
the value of the feed against the manufacturer or guarantor. In no
case shall both of the foregoing penalties be assessed against a single lot
of commercial feed.

If the microscopic analysis reveals that any commercial feed is mis-
labeled, the Commissioner may, in his discretion, assess ten percent
of the value of the feed against the manufacturer or guarantor.

The minimum assessment under any of the foregoing provisions shall
in no case be less than * ten dollars ($10.00), regardless of the value
of the deficiency. The maximum assessment under any of the foregoing
provisions shall in no case be more than one thousand dollars ($1,000.00).

All assessments levied by the Commissioner under any of the fore-
going provisions shall within two months from date of notice to the manu-
facturer or guarantor, be paid to the Commissioner who shall deposit the
same in the State treasury to the credit of the Literary Fund. Failure to
do so shall be grounds for the Commissioner to cancel] all registrations of
such manufacturer or distributor. It shall be the duty of the Commissioner
to institute appropriate proceedings in the name of the Commonwealth to
recover such assessments.

The approximate retail value per pound of the various guarantees
shall be computed annually by the Commissioner and be used to establish
the relative value of the commercial feed sold or offered for sale in this
State. The Commissioner is authorized to furnish and upon application,
shall furnish such relative values to any persons engaged in the manu-
facture or sale of feed in this State.

For the purpose of this chapter the term “percent” or “percentage”
shall mean percentage by weight. The term “value of the deficiency”
means the monetary value of the deficiency in protein or fat of the lot of
commercial feed from which the sample was collected. The value of the
deficiency may be calculated by multiplying the number of pounds of
protein or fat deficient in the sample lot (as compared to the label guaran-
tee) by the retail value per pound of protein or fat, computed by the
Commissioner as authorized in this section.