CHAPTER 550

An Act to amend the Code of Virginia by adding in Chapter 27 of Title
8.1 an article numbered 9 containing sections numbered 8.1-796.1
through 3.1-796.11, relating to establishment of a quality mark by the
Virginia Poultry Products Commission to control quality of eggs using
mark, where and how mark to be used, license required of those using
mark and the use of the mark to be reviewed by Commission; records
are to be kept with supervision and control of the quality mark by
Department of Agriculture and Commerce; subpoena power is given
the Commission and penalties for violation.

[S 476]

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding in Chapter 27 of
Title 3.1 an article numbered 9 containing sections numbered 3.1-796.1
through 3.1-796.11 as follows:

§ 3.1-796.1. Quality mark; purposes—The Virginia Poultry
Products Commission is authorized to adopt a quality mark. The purpose
for adopting and promoting this official quality mark is to provide assur-
ance to the homemaker that eggs bearing the quality mark are of con-
sistent high quality. All eggs bearing such mark must be produced within
the geographical boundaries of Virginia.

§ 3.1-796.2. Quality of egg to be certified; control of quality— The
Commission is only authorized to grant the use of this quality mark to
identify or advertise eggs of at least A quality as defined by the
Virginia Department of Agriculture and Commerce and must meet any
other specifications established by the Commission. All eggs bearing such
quality mark must follow such egg quality controls as set forth by the
Commission. These controls shall include approved methods of gather-
ing, cleaning, cooling, candling, packing, transporting, temperature and
humidity controls, throughout the marketing process. All consumer con-
tainers must clearly mark an expiration date which is no more than ten
days from packing and is to be strictly observed by the seller.

§ 3.1-796.38. Where and how mark to be used.—The official Virginia
egg quality mark, owned and controlled by the Virginia Poultry Products
Commission, may be imprinted on any label, insert, carton, sealing tape
or in advertisements by any person, firm or corporation who is licensed to
do so by the Virginia Poultry Products Commission or its authorized
agent. Any person, firm or corporation not so licensed is forbidden to
imprint or make any other unauthorized use of the official quality mark.

3.1-796.4. Licensing; license requirements.—Application for li-
cense to use the official quality mark as outlined above shall be made in
writing upon a form to be supplied by the Commission at the request of
the applicant.

The applicant must be a Virginia producer of table eggs or must be a
person, firm, partnership, corporation or association who receives, at least
weekly, a considerable volume of premium quality eggs from Virginia
producers. Licenses will be issued to successful applicants without charge
once his plant and facilities have been determined to conform with the
requirements established by the Virginia Department of Agriculture and
Commerce.

§ 3.1-796.5. Facsimile reproduction may be obtained from Commis-
sion for printing.—Any person, firm or corporation licensed or the manu-
facturer or printer supplying the licensee with cartons, sealing tapes,
labels or inserts bearing the quality mark may obtain from the Virginia
Poultry Products Commission a facsimile reproduction of the official quality
ans from which printing plates may be made at the expense of the

censee.

§ 3.1-796.6. Reproduction to be approved by Commission; invoice
sent to Commission.—A specimen showing the reproduction of the offi-
cial quality mark as it is to appear on any label, insert or carton or in any
advertisement shall be submitted to the Commission or its authorized agent
for approval prior to its use. The manufacturer or printer supplying

ns, sealing tapes, inserts or labels bearing the quality mark shall
prepare an itemized invoice and/or shipping order which shall show the
date of shipment and exact quantity of the item bearing the quality mark
and the name and address of the licensee to whom it is to be delivered.
A copy of such invoice and/or shipping order shall be forwarded to the
Virginia Poultry Products Commission at the time shipment is made.

§ 3.1-796.7. Records required of licensee; if license revoked, mark to
be disposed of.—The licensee shall agree to supply the Commission with
the names, addresses and sizes of flocks of his Virginia producer suppliers
and/or the size of his own flocks, to report any changes monthly and to
furnish the Commission with a monthly report on the number of dozens
of eggs sold under the quality mark. If the license of any person, firm
or corporation to use the official quality mark as outlined above has been
suspended or revoked for any reason, all cartons, sealing tapes, inserts or
labels bearing the quality mark in the licensee’s possession shall be im-
pounded, surrendered to the Commission, destroyed, rendered unusable,
or otherwise disposed of in a manner acceptable to the Commission.

§ 3.1-796.8. Information on container.—All consumer containers in
which eggs are kept for the purpose of sale or offered or exposed for sale
shall be marked according to one of the official grades and sizes. The
marking, identity of the commodity in the package, and net quantity
of the contents in terms of count shall appear on the principal display
panel of the package. The retail containers shall bear the name and
address of the packer or distributor, when kept, offered, or exposed for sale,
or sold any place other than on the premises where packed. The grade
and size shall be spelled out in full. All information required to appear
on the container shall be prominent, definite, and plain and shall be con-
spicuous as to size and style of letters and numbers.

§ 3.1-796.9. Virginia Department of Agriculture and Commerce to
supervise and control; Department may suspend licenses; review by Com-
mission.—The Virginia Department of Agriculture and Commerce is au-
thorized to supervise and control the use of the quality mark, to establish
such procedures and make such inspections as are deemed necessary to
determine whether eggs packed under the quality mark were, in fact,
produced within the geographical boundaries of the State of Virginia
and otherwise meet the requirements of the quality program throughout
the marketing process. Department representatives, acting for the
Commission, are authorized to suspend the license of any individual, firm
or corporation found to be in violation of these regulations, subject to
review and final action by the Commission.

§ 3.1-796.10. Commission may subpoena records.—The Commission
shall have the power to subpoena records of handlers to determine if a
proper accounting has been made of the packages containing the mark
of the Commission. The Commission is also empowered to enter upon the
premises and inspect the records of all licensees or handlers who are using
the quality mark.

§ 3.1-796.11. Violation of article.-—Any person who shall violate any
of the provisions of this article shall be guilty of a misdemeanor.