CHAPTER 69

An Act to revise, rearrange, amend and recodify the general laws of
Virginia relating to warehouses, cold-storage and refrigerated locker
plants; to that end to repeal Title 61 of the Code of Virginia, which
title includes Chapters 1 to 7 and S§ 61-1 to 61-160, inclusive, of the
Code of Virginia, as amended, which title relates to warehouses, cold-
storage and refrigerated locker plants; to amend the Code of Virginia
by adding thereto in lieu of the foregoing title, chapters and sections
of the Code repealed by this act a new title numbered 61. 1, which title
includes seven new chapters numbered 1 to 7, both inclusive, and new
sections numbered 61.1-1 to 61.1-61, both inclusive, relating to
warehouses, cold-storage and refrigerated locker plants; and to pre-
Scribe when such revision and recodification shall become effective.

[H 105]
Approved February 27, 1968

Be it enacted by the General Assembly of Virginia:

1. That Title 61 of the Code of Virginia, which title includes chapters
1 to 7 and §§ 61-1 to 61-160, inclusive, of the Code of Virginia, as amended,
is repealed.

2. That the Code of Virginia be amended by adding thereto, in lieu of
the title, chapters and sections of the Code of Virginia herein repealed, a
new title numbered 61.1, new chapters numbered 1 to 7, inclusive, and
new sections numbered 61.1-1 to 61.1-61, inclusive, which new title, chapters
and sections are as follows:

CHAPTER 1.
WAREHOUSE RECEIPTS.

§ 61.1-1. Issue of receipt for goods not received.—_A warehouseman,
or any Officer, agent or servant of a warehouseman, who issues or aids in
issuing a receipt knowing that the goods for which such receipt is issued
have not been actually received by such warehouseman, or are not under
his actual control at the time of issuing such receipt, shall be guilty of a
misdemeanor, and shall be punished as provided in § 18.1-9.

§ 61.1-2. Issue of receipt containing false statement.—A warehouse-
man, or any officer, agent or servant of a warehouseman, who fraudulently
issues or aids in fraudulently issuing a receipt for goods knowing that it
contains any false statement, shall be guilty of a misdemeanor, and shall be
punished as provided in § 18.1-9.

§ 61.1-3. Issue of duplicate receipts not so marked.—A warehouse-
man, or any officer, agent or servant of a warehouseman, who issues or
aids in issuing a duplicate or additional negotiable receipt for goods, know-
ing that a former negotiable receipt for the same goods or any part of them
is outstanding and uncancelled, without plainly placing upon the face
thereof the word “Duplicate”, except as otherwise provided by law, shall
be guilty of a misdemeanor.

§ 61.1-4. Failure to state in receipt warehouseman’s interest in
goods.—Where there are deposited with or held by a warehouseman goods
of which he is the owner, either solely or jointly in common with others,
such warehouseman, or any of his officers, agents or servants, who know-
ing this ownership, issues or aids in issuing a negotiable receipt for such
goods which does not state such ownership, shall be guilty of a mis-
demeanor, and upon conviction shall be punished as provided for misde-
meanors generally in § 18.1-9.

§ 61.1-5. Delivery of goods without obtaining negotiable receipt.—
A warehouseman, or any officer, agent or servant of a warehouseman, who
delivers goods out of the possession of such warehouseman, knowing that a
negotiable receipt the negotiation of which would transfer the right to the
possession of such goods is outstanding and uncancelled, without obtaining
the possession of such receipt at or before the time of such delivery, shall,
except as otherwise provided by law, be guilty of a misdemeanor, and upon
conviction shall be punished as provided in § 18.1-9.

§ 61.1-6. Fraudulent negotiation of receipt for mortgaged goods.—
Any person who deposits goods to which he has not title, upon which there
is a lien or security interest, and who takes for such goods a negotiable
receipt which he afterwards negotiates for value with intent to deceive, and
without disclosing his want of title or the existence of the lien or security
interest, shall be guilty of a misdemeanor, and upon conviction shall be
punished as provided in § 18.1-9.

CHAPTER 2.

COLD-STORAGE WAREHOUSES.

§ 61.1-7. Definitions.—For the purpose of this chapter:

(1) “Cold storage’ shall mean the storage or keeping of articles of
food at or below a temperature of forty-five degrees above zero Fahrenheit
in a cold-storage warehouse.

(2) “Cold-storage warehouse’ shall mean any place artificially or
mechanically cooled to or below a temperature of forty-five degrees above
zero Fahrenheit, in which articles of food intended for sale or resale are
placed or held for thirty days or more.

(3) “Articles of food” shall mean fresh meat and fresh-meat prod-
ucts, except in process of manufacture, and all fresh fish, game, poultry,
eggs, milk, butter, cheese and edible fats and oils and lard.

4) “Commissioner” shall mean the Commissioner of Agriculture
and Commerce.

(5) “Public cold-storage warehouseman”.—Any individual, firm, cor-
poration or association engaged in the business of maintaining and oper-
ating cold-storage warehouses in which articles of food as herein defined
are stored for hire or compensation shall be called a public cold-storage
warehouseman.

(6) “Private cold-storage warehouseman”.—Any individual, firm,
corporation or association that maintains and operates, as an adjunct to
their business, cold-storage warehouses for the storage of articles of food
as herein defined exclusively owned or dealt in by them, shall be called a
private cold-storage warehouseman.

(7) “Combined public and private cold-storage warehouseman”.—
Any individual, firm, corporation or association that combines a public
cold-storage warehouse business with the storage of commodities as herein
defined, which directly or indirectly it owns, deals in, or otherwise has an
interest in, shall be called a combined public and private cold-storage ware-
houseman. .

§ 61.1-8. Licenses required—Any person, firm or corporation de-
siring to operate or to continue to operate a cold-storage warehouse shall
make application in writing to the Commissioner for that purpose, stating
the location of the plant or plants. On receipt of the application, the Com-
missioner shall cause an examination to be made into the sanitary con-
dition of the plant or plants, and, if found by him to be in a sanitary
condition, he shall cause a license to be issued authorizing the applicant to
operate such cold-storage warehouse or warehouses for and during the
period of one year. The license shall be issued upon the payment by the
applicant of a license fee of twenty-five dollars to the Commissioner for
each such warehouse, except that when the gross business of such ware-
house does not exceed the sum of one thousand dollars per annum, such
license fee shall be five dollars, and where the gross business exceeds one
thousand dollars and does not exceed two thousand dollars, such license fee
shall be ten dollars. All licenses issued hereunder shall expire on the
thirty-first day of December next succeeding their issuance.

61.1-9. Disposition of license fees.—All license fees received under
this chapter shall be paid into the treasury of the State to the credit of the
Department of Agriculture and Commerce and shall be used and expended
by the Commissioner for the purpose of carrying out the provisions of this
chapter. The Commissioner shall include in his annual report a detailed
statement of all such receipts and disbursements.

§ 61.1-10. Authority of Commissioner to employ assistants.—The
Commissioner is hereby authorized and required, with the approval of the
Board of Agriculture and Commerce, to employ as many assistants, in
addition to those already employed by them, as may be necessary effec-
tually to enforce the provisions of this chapter.

§ 61.1-11. Unsanitary warehouses prohibited——In case any cold-
storage warehouse, or any part thereof, covered by a license under the
provisions of this chapter, shall at any time be deemed by the Commis-
sioner to be in an unsanitary condition, it shall be his duty to notify the
licensee of such condition, and, upon the failure of the licensee to put such
cold-storage warehouse, or the specified part thereof, in a sanitary con-
dition within a reasonable time to be designated by the Commissioner, it
shall be the duty of the Commissioner to prohibit the use under his license
of such cold-storage warehouse, or part thereof, as he deems to be in an
unsanitary condition, until such time as it may be put in a sanitary con-

ition.

§ 61.1-12. Receipts and withdrawals of food; records.—It shall be the
duty of any person, firm or corporation licensed to operate a cold-storage
warehouse to keep an accurate record of the receipts and the withdrawals
of the articles of food, and the Commissioner and his assistants shall have
free access to these records at any time.

§ 61.1-13. Inspections.—It shall be the duty of the Commissioner to
inspect all cold-storage warehouses in the State, and to make such inspec-
tion of the entry of articles of food therein as he may deem necessary to
secure the proper enforcement of this chapter. The Commissioner, his
assistants and employees, when properly authorized by him, shall be per-
mitted access to such cold-storage warehouses, and all parts thereof, at all
reasonable times for the purpose of inspection and enforcement of the
provisions of this chapter. The Commissioner may also appoint and desig-
nate such person, or persons, as he may deem qualified to make the inspec-
tion herein required.

§ 61.1-14. Containers; marking.—No person, firm or corporation
conducting a cold-storage warehouse shall place or store in any cold-storage
warehouse in this State articles of food, unless the same shall be plainly
and durably marked, stamped or tagged, either upon the container 1
which they are packed or upon the article of food itself, with the word
“cold storage”, with the name and location of the cold-storage warehouse
and with the date when placed therein; and no person, firm or corpora
tion shall remove or permit the removal of such articles of food from an:
cold-storage warehouse unless the same shall be plainly and durabl:
marked, stamped or tagged, either on the container in which it is enclose
or upon the article of food itself, with the date when it is removed fron
such cold-storage warehouse.

§ 61.1-15. Unlawful advertising.—It shall be unlawful to represen
or advertise as fresh, articles of food which have been held in any cold
storage warehouse for a period of thirty days or over.

§ 61.1-16. Return to storage prohibited.—It shall be unlawful tx
return to any cold-storage warehouse any articles of food as herein de
fined which has once been released from such storage and placed on th¢
market for sale to consumers, except for the purpose of temporary preser
vation; but nothing in this section shall be construed to prevent the trans
fer of goods from one cold-storage warehouse to another; provided, tha
all prior stamping, marking and tagging shall remain thereon, and tha‘
spen transter is not made for the purpose of evading any provision of this
chapter.

_ § 61.1-17. Unwholesome food products.—The licensee shall not re-
ceive or keep in any cold-storage warehouse any food products which would
In any manner render less wholesome or desirable any food product intended
for human consumption stored therein.

§ 61.1-18. Rules and regulations.—The Commissioner shall, with
the approval of the State Board of Agriculture and Commerce, make all
necessary rules and regulations to carry into effect the provisions of this
chapter.

__ § 61.1-19. Records of temperature in warehouses.—Every indi-
vidual, firm, corporation or association engaged in the business of main-
taining and operating cold-storage warehouses in which articles of food as
defined in subsection (3) of § 61.1-7 and including apples or other perish-
able fruits are stored for hire or compensation, shall keep, or cause to be
kept, careful and accurate daily records of the temperatures existing in
each room or division of such warehouses; such records for any period
to be open and accessible at all times for inspection by any person having
or having had articles of food including apples or other perishable fruits
In such warehouses during such period.

Any person maintaining and operating any such cold-storage ware-
house who shall fail to comply with the provisions of this section shall be
guilty of a misdemeanor and upon conviction thereof shall be punished by
a fine of not less than twenty-five nor more than one hundred dollars for
each offense.

§ 61.1-20. Same: inspection and examination of records.—Every
such cold-storage warehouse shall be subject to inspection at any time by
any authorized agent of the Department of Agriculture and Commerce,
which agent shall have the right to examine the records provided for here-
in; and the agent shall report to the Commissioner after each and every
Inspection.

Any individual, firm, corporation or association maintaining and
perating any such cold-storage warehouse, or any other person who shall
nake or cause or permit to be made, any alterations or false entries on the
records provided for herein, shall be guilty of a misdemeanor, and upon
onviction thereof shall be punished as provided in § 18.1-9.

_ § 61.1-21. Penalties.—Any person, or any member or agent of any
irm, or any officer, director or agent of any corporation violating any
provision of this chapter shall be guilty of a misdemeanor and, upon con-
viction shall be punished as provided in § 18.1-9.

CHAPTER 3.

REFRIGERATED LOCKER PLANTS.

§ 61.1-22. Definitions.—Terms used in this chapter shall be defined
as follows:

(1) “Refrigerated locker’, “cold-storage locker’, “locker” means
any separate or individual compartment, maintained at a temperature
below ten degrees Fahrenheit, offered to the public for the storage and
preservation of frozen food for human consumption, upon a rental or other
basis providing compensation to the person offering such services.

(2) “Refrigerated locker plant”, “cold-storage locker plant”, “locker
plant” means any place, premises or establishment where facilities for the
processing and freezing of human food and its subsequent storage in
refrigerated lockers is offered on a basis of compensation to the person
offering such services. .

(3) “Branch locker plant” means any place, premises or establish-
ment offering refrigerated lockers for the storage of frozen food for human
consumption, such food having been previously prepared for storage at a
refrigerated locker plant.

(4) ‘“Plant’’, when used without qualification, applies to both locker
plants and branch locker plants with equal force.

(5) “Sharp freezer” means a separate room or compartment in
which food is frozen in preparation for storage in lockers.

(6) “Person” means any individual, partnership, corporation, aSso-
ciation, county, municipality, cooperative group, or other entity engaged in
the business of operating or owning or offering the services of refriger-
ated lockers as above defined.

(7) “Human food” or “food” means all articles used for food, drink,
confectionery or condiment by man, whether simple, mixed or compound,
and any substance used as a constituent in the manufacture thereof.

(8) “Department” means the Department of Agriculture and Com-
merce.

(9) “Board” means the Board of Agriculture and Commerce.

(10) “Commissioner” means the Commissioner of Agriculture and
Commerce.

(11) “Food processing plant” means any building, room, vehicle or
other place whose owner, operator or custodian advertises to the public the
services of cutting, wrapping, and packaging poultry, seafood, or meat
which is to be placed in a refrigerated locker plant or home freezer for
human consumption, but shall not include licensed retail food dealers where
cutting, wrapping, and packing poultry, seafood and meat is done as nor-
mal and usual procedure.

(12) “Home freezer’ means any apparatus used in a restaurant or
private home for the storage and preservation of frozen food.

(13) “Advertise” means disseminating information to the public by
means of television or radio broadcasts, or by means of written, printed
or graphic matter, or by means of any mechnical apparatus including,
among other things, public address system and telephone.

§ 61.1-23. License required.—No person shall hereafter engage
within this State in the business of owning, operating, or offering the
services of a refrigerated locker plant, branch locker plant or food proces-
sing plant without having obtained from the Department of Agriculture
and Commerce a license for each such place of business. Application for
such license shall be made in writing and under oath to the Department on
such forms and with such pertinent information as the Commissioner
deems necessary. Such licenses shall be granted as a matter of right upon
showing that the applicant has complied with the applicable provisions of
the law and of the rules and regulations governing locker plants, or food
processing plants.

§ 61.1-24. License fees.—There shall be paid to the Department of
Agriculture and Commerce with each application for a license to operate
a refrigerated locker plant, with or without food processing facilities on
the premises, or to operate a food processing plant without refrigerated
lockers an annual license fee of thirty-five dollars.

The funds derived from such license fees shall be disbursed by the
Commissioner exclusively for the enforcement of this chapter or for the
benefit of the locker and food processing plant industry of Virginia.
Licenses shall be issued for the calendar year beginning on January first
and ending on December thirty-first of each year, but license fees for
initial applicants beginning the operation of their plants after June
thirtieth shall be one-half of the annual fees as above set forth.

§ 61.1-25. Revocation or suspension of license.—(a) The Com-
missioner, after notice and hearing, may revoke the license issued for any
locker plant or branch locker or food processing plant for failure to comply
with the provisions of this chapter or any lawful rule or regulation of the
Board hereunder. Before revoking any license, the Commissioner or his
authorized agent shall send the licensee by mail written notice of such
hearing not less than ten days before the hearing and shall afford such
licensee an opportunity to be heard in writing, in person or by attorney
with respect thereto at a time and place specified in such notice.

(b) In the event any license is revoked, the Commissioner or his
authorized agent may permit the continued operation of the plant involved
upon such conditions or under such supervision as the Commissioner or his
authorized agent prescribes for a period of not to exceed six months, in
order to enable patrons to remove any food stored therein, but during such
period no additional food shall be received or stored in such plant.

(c) Any order made by the Commissioner or his authorized agent
suspending or revoking any license may be appealed to the circuit court of
the county or the corporation court of the city in which the licensed prem-
ises are located.

§ 61.1-26. Health certificate required for worker in plant handling
food.—(a) No person shall work or be permitted to work in or about any
plant in the handling, processing or dealing in any human food or any
ingredient thereof without a certificate from a physician, duly accredited
for that purpose by the State Board of Health, certifying that such person
has been examined and found free from any contagious or infectious
disease. The State Board of Health may fix a maximum fee, not exceeding
two dollars which may be charged by a physician for such examination.
The operator of a plant shall immediately discontinue the services of any
employee found to be affected by any communicable or infectious disease.

(b) Such health certificate shall be effective for a period of six
months, and thereafter must be renewed following proper physical exam-
Ination as aforesaid. When such certificate is required and provided under
municipal ordinance upon examination deemed adequate by the State
chepe of Health, certificate issued thereunder shall be sufficient under this

apter.

(c) Any such certificate shall be revoked by the State Board of
Health at any time the holder thereof is found, after proper physical
examination, to be afflicted with any communicable or infectious disease.
Refusal of any person employed in such premises to submit to proper and
reasonable physical examination upon written demand by the Commis-
sioner, acting through his authorized agent, shall be cause for revocation
of that person’s health certificate.

§ 61.1-27. Rules and regulations.—The Board is hereby empowered
to prescribe and to enforce such rules and regulations as it deems necessary
to carry into effect the full intent and meaning of this chapter provided that
no such rules, regulations, definitions, or procedures shall be adopted or any
changes or amendments made thereto until after at least thirty days’ notice
in writing is given to each licensee under this chapter. Such notice shall
include in detail the proposed rules, regulations, definitions and procedures.

§ 61.1-28. Inspection of plants and vehicles.—The Commissioner
shall cause to be made periodically by his authorized agent a thorough
inspection of each establishment licensed under this chapter to determine
whether or not the premises are constructed, equipped and operated in
accordance with the requirements of this chapter and of all other laws of
this State applicable to the operation either of locker plants or branch
locker or food processing plants or of the handling of human food in con-
nection therewith, and of all regulations effective under this chapter
relative to such operation. Such inspection shall also be made of each
vehicle used by operators of such plants or of an establishment handling
human food in connection therewith, when such vehicle is used in trans-
porting or distributing human food products to or from such plants within
the State. .

§ 61.1-29. Equipment and facilities required.—(a) Every operator
of a locker plant or branch locker plant shall provide a complete refrigera-
tion system with adequate capacity and with accurate and reliable controls
for the maintenance of temperatures as prescribed by the regulations
issued under this chapter, and currently in force. Every operator shall be
required to provide a recording thermometer or thermometers to make
permanent record of temperatures in the locker room or rooms. Recording
thermometers shall be so located that the details may be easily observed by
the patrons of the plant, and the daily records of temperatures shall be kept
by the operator at his place of business for a period of at least six months.

Food processing plants that do not offer lockers for rental to the public
shall maintain a permanent record of prescribed temperatures in the sharp
freezer, and shall have the recording thermometers so located that they or
it may be observed by patrons of the plant.

(b) Every person offering refrigerated lockers to the public shal]
provide the following minimum facilities:

1. A separate room or compartment for sharp freezing of foods
prior to introduction of this food into refrigerated lockers.

2. A refrigerated room or compartment containing individual lockers
for the storage of foods previously frozen.

(c) No unfrozen food shall be placed in a refrigerated locker.

(d) Such additional services or facilities as are provided by the
operator of a plant, including chill room, age room, curing room, processing
room, slaughter house, smoke chamber or other facilities shall be subject to
the provisions of this chapter, and the rules and regulations adopted there-
under, except that when the operation of such facilities is covered by an
existing law, the minimum requirements of the existing law must be met
in every case. | :

(e) Every person, firm or corporation operating. a food processing
plant shall provide the following minimum facilities:

1. A separate room or compartment for sharp freezing of foods prior
to introduction of this food into lockers or home freezers.

2. A separate room for chilling and aging.

§ 61.1-30. Administration of oaths, summoning witnesses, etc.—In
any proceeding under this chapter the Commissioner acting through his
authorized agent may administer oaths and issue subpoenas, summon wit-
nesses and take testimony of any person within the State. :

_. § 61.1-31. Violation a misdemeanor.—Any person violating any pro-
vision of this chapter shall be guilty of a misdemeanor, and upon conviction
thereof shall be fined not less than twenty-five dollars nor more than one
hundred dollars for the first offense, and not less than fifty dollars nor more
than two hundred dollars for the second and for each and every subsequent
offense within any one license period. Each day that any violation con-
tinues shall constitute a separate offense.

§ 61.1-32. Storage of tainted or decomposed food forbidden.—No
tainted or decomposed food shall be stored in a refrigerator locker or food
processing plant or branch locker plant.

§ 61.1-33. Food for non-human consumption.—Food for non-human
consumption shall be stored in a separate room or compartment, and shall
be clearly labelled in letters not less than one inch high “NOT FOR HUMAN
CONSUMPTION.”

§ 61.1-34. Lien of operator.—Every operator of a locker of food proc-
essing plant or branch locker plant shall have a lien upon all the property
of every kind in his possession for all locker rentals, processing, handling
or other charges due.

§ 61.1-35. Violations of laws by renters of lockers.—Owners and
operators of locker plants shall not be responsible for violations of game
and other Jaws by the renters of lockers.

§ 61.1-36. Operators not warehousemen; receipts not negotiable
warehouse receipts.—Persons who own or operate refrigerated locker plants
or branch locker or food processing plants shall not be construed to be ware-
housemen, nor shall receipts or other instruments issued by such persons in
the ordinary conduct of their business be construed to be negotiable ware-
house receipts.

§ 61.1-37. License fee stipulated to be in lieu of all existing fees and
charges.—Payment of the license fee stipulated herein shall be accepted in
lieu of any and all existing fees and charges for like purposes or intent
which may be existent prior to the adoption of this chapter.

CHAPTER 4.

TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL.

§ 61.1-38. Establishment and discontinuance of warehouses.—To-
bacco warehouses, which were public warehouses on the day before this
Code takes effect, shall continue to be such; and the several circuit and
corporation courts may hereafter authorize the erection of tobacco ware-
houses, or may establish the same, as public warehouses within their
respective counties and cities; which warehouses shall be constructed, or
shall have been constructed, so as to keep safely, and guard against fire and
weather, as far as practicable, all tobacco stored therein, and shall be kept
in good repair and at all times, Sunday excepted, be open for receiving,
storing, selling and delivering tobacco; but the owner of any such ware-
house shall] have the right to discontinue the same as a public warehouse,
after having published a notice of his intention to do so once a week for
four successive weeks in some newspaper published in the county or city,
wherein such warehouse is situated, or if no newspaper be published therein,
after having posted such notice at the front door of the courthouse of such
county or city for four successive weeks.

§ 61.1-39. Weighing leaf tobacco; .itemized statements furnished
seller.—The proprietor of each and every warehouse shall render to each
seller of tobacco at his warehouse a bill plainly stating the amount charged
for weighing and handling, the amount charged for auction fees, and the
commission charged on such sale, or any other charges made for selling and
handling such tobacco.

Any person violating the provisions of this section shall be guilty of
a misdemeanor and shall be punished as provided in § 18.1-9.

§ 61.1-40. Accounts of warehouse sales required.—The proprietor of
each and every leaf tobacco warehouse doing business in this State shall
keep a correct account of the number of pounds of leaf tobacco sold upon
the floor of his warehouse daily.

§ 61.1-41. Monthly reports to Commissioner; results classified.—On
or before the tenth day of each succeeding month the warehouse proprietors
shall make a statement, under oath, of all the tobacco so sold upon the floor
of his warehouse during the past month and shall transmit the statement,
at once, to the Commissioner of Agriculture and Commerce. The reports
so made shall be so arranged and classified as to show the number of pounds
of tobacco sold for the producers of tobacco from first hand; the number
of pounds sold for dealers and the number of pounds resold by the proprietor
of the warehouse for his own account or for the account of some other
warehouse.

§ 61.1-42. Commissioner to keep record and publish in bulletin.—
The Commissioner of Agriculture and Commerce shall cause such state-
ments to be accurately copied into a book to be kept for this purpose and
shall keep separate and apart the statements returned to him from each leaf
tobacco market in the State, so as to show the number of pounds of tobacco
sold by each market for the sale of leaf tobacco; the number of pounds sold
by producers, and the number of pounds resold upon each market. The
Commissioner shall keep such books open to the inspection of the public,
and shall, on or before the twentieth day of each month, after the receipt
of the reports above required to be made to him on or before the tenth day
of each month, cause the reports to be published in the bulletin issued by the
Department of Agriculture and Commerce, and in one or more journals
published in the interest of the growth, sale, and manufacture of tobacco
in the State, or having a large circulation therein.

§ 61.1-43. Penalty for failure to report sales.—Any warehouse fail-
ing to make the report as required by § 61.1-40 shall be subject to a penalty
of twenty-five dollars and the costs in the case, to be recovered by any per-
son suing for same.

§ 61.1-44. Manufactured tobacco; false branding.—If any person
use, or permit to be used, on any cask, box or keg of manufactured tobacco,
any brand or mark indicating a place or a manufacturer different from the
place in which, or the manufacturer by whom. it was really manufactured,
he shall be guilty of a misdemeanor and shall be punished as provided in
§ 18.1-9.

None of the provisions of this chapter, other than this section, shall
be construed to apply to manufactured tobacco.

§ 61.1-45. Nesting punished.—If any person nest a basket or parcel of
tobacco with inferior tobacco, or other things, with intent to defraud the
purchaser, he shall be guilty of a misdemeanor and shall be punished as
provided in § 18.1-9.

§ 61.1-46. Publication of insurance.—Every proprietor of a public
tobacco warehouse shall keep posted in some conspicuous place upon the
premises, a statement showing the amount of insurance he has on such
warehouse, the companies in which the insurance has been effected, and the
length of time the policies have to run.

CHAPTER 5.

PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO.

§ 61.1-47. Person making delivery must impart true name of owner;
record of purchase or delivery.—Every person who shall] deliver any leaf
tobacco to a warehouseman or to a cooperative marketing association for
sale, offer for sale or display for sale thereof, shall impart to such ware-
houseman or cooperative marketing association, the true name of the owner
of such leaf tobacco; and it shall be the duty of such warehouseman or
cooperative marketing association to keep a record of such purchase or
delivery showing the quantity of leaf tobacco so delivered, and the name
of the owner thereof, given as provided herein.

§ 61.1-48. Record and information required where tobacco delivered
by person other than grower or landlord; exception.—Where leaf tobaccc
is delivered to a warehouseman or cooperative marketing association for
sale, offer for sale or display for sale, by a person other than the grower
thereof, or the landlord of the land upon which the tobacco was grown, it
shall be the duty of a warehouseman or cooperative marketing associa-
tion to keep a record showing the facts required in § 61.1-47; and in
addition thereto if possible the name of the person from whom the person
delivering the tobacco obtained the same, and the name of the original
grower thereof, and the name of the landlord upon whose land the tobacco
was grown, if the same was grown by a tenant. And such person, other
than the grower or landlord, shall impart to the warehouseman or cooper-
ative marketing association the true name of the person from whom he
obtained the tobacco, and the name of the grower thereof and the land-
lord. Provided, however, that this section shall not apply to licensed leaf
tobacco dealers offering for resale tobacco once sold upon the warehouse
floor, and with respect to which the provisions of this chapter have pre-
viously been complied with.

§ 61.1-49. Ticket or card to be placed upon tobacco.—Such ware-
houseman or cooperative marketing association shall also place upon all
leaf tobacco delivered to him or to it for sale, offer for sale, or display for
sale, a ticket or card which shall state the matters and things required to
be recorded by the warehouseman or cooperative marketing association
by §§ 61.1-47 and 61.1-48.

§ 61.1-50. Tickets or cards open to inspection for ten days after deliv-
ery of tobacco.—aAll cards or tickets kept, prepared or placed upon tobacco as
required herein, shall, for the period of ten days after the delivery of.such
tobacco, be open to the inspection of the representative of any public
tobacco warehouse, or tobacco growers cooperative association, during
regular business hours and such representative shall have access to the
piace where such cards or tickets are kept for the purpose of such inspec-

on.

§ 61.1-51. Violations constituting misdemeanors.—Any person who
shall give a fictitious or false name to the warehouseman or cooperative
marketing association hereinbefore referred to, or who shall fail to give to
such warehouseman or cooperative marketing association the true name
of the owner of such leaf tobacco or the person from whom the tobacco was
obtained, or the grower and the landlord, upon delivering the same as
aforesaid, shall be guilty of a misdemeanor. Any warehouseman or co-
operative marketing association who shall fail to comply with any of the
provisions of this chapter, or who shall deny to any such representative
the privilege of inspection or access as provided in § 61.1-50, shall be
guilty of a misdemeanor. Any warehouseman or cooperative marketing
association who shall buy or sell leaf tobacco as above set forth, knowing
that the name in which the tobacco is sold, or any name given pursuant to
the provisions hereof, is false or fictitious, shall be guilty of a misdemeanor.

§ 61.1-52. Punishment for misdemeanor.—Any person guilty :of a
misdemeanor under the provisions of this chapter shall be punished as
provided in § 18.1-9. ;

§ 61.1-53. “Warehouseman” defined—The term ‘“warehouseman’
as used in this chapter means any person, firm or corporation engaged in
the business of selling leaf tobacco at auction, for a commission or for any
other consideration.

§ 61.1-54. Purpose of chapter.—The purpose of this chapter is to
prevent frauds in the handling and sale of leaf tobacco. :
§ 61.1-55. Commission and basket charge.—No person, firm, asso-
ciation, corporation, partnership, co-partnership or other legal entity, who
or which operates any warehouse in which burley tobacco is sold at public
auction, shall charge or receive any commission in excess of three per
centum of the sales price of such tobacco, nor shall any basket charge be in
excess of twenty-five cents per basket, which commission and basket charge
shall constitute the entire amount charged by the warehouse operator in
connection with such sale; provided, however, that on or before the open-
ing day of the market in any year, the warehouse operator may elect to
charge a commission of not exceeding seventy-five cents per hundred
pounds, which commission shall constitute the entire charge made in con-
nection with the sale of tobacco throughout that market season at the
warehouse for which such election is made.

§ 61.1-56. Penalty for violation.—Any such operator of a warehouse
violating the provisions of this chapter shall be guilty of a mis-
demeanor, and upon conviction shall be punished as provided in § 18.1-9.

CHAPTER 7.
HANDLING AND SALE OF BURLEY TOBACCO.

§ 61.1-57. Enforcement by Commissioner of Agriculture and
Commerce; rules and regulations.—The Board of Agriculture and Com-
merce shall have authority to establish rules and regulations for the
enforcement of this chapter. The Commissioner is hereby vested with the
authority to administer and enforce the provisions of this law and to enforce
reasonable rules and regulations not inconsistent with the provisions hereof,
for the purpose of carrying out the provisions of this chapter.

§ 61.1-58. Commingling burley and other tobacco; moving tobacco
before sale.—It shall. be unlawful for any person to commingle, mix, place
in same basket with other tobacco or in any other manner or means to
handle tobacco so as to lose its identity, for the purpose of sale at auction,
looseleaf tobacco grown by one producer with looseleaf burley tobacco
grown by any other producer, or of the same producer after being placed
on the looseleaf floor.

After tobacco is weighed and set upon the warehouse floor for sale no
basket of tobacco shall be moved, without the consent of the owner, from
its place on the floor until sale is confirmed by the owner of same. This
shall not apply to official inspectors of the Department of Agriculture and
Commerce, who in the course of their duties find it necessary to move piles
of tobacco.

§ 61.1-59. Sales of burley tobacco.—Sales of burley tobacco at
warehouses or loosefloors shall be conducted so as to conform to one of the
following methods:

(1) Sales to be at the rate of not more than ninety thousand pounds
per hour, per set of buyers, or

(2) Sales to be at the rate of not more than three hundred sixty
baskets per hour per set of buyers.

§ 61.1-60. Information to be accurate and substantiated.—Any
information pertaining to weights of tobacco sold, prices paid or amounts
of tobacco handled, disseminated by any warehouseman, his employees or
agents shall be accurate and substantiated by records kept at the warehouse
or looseflioor.

§ 61.1-61. Penalty for violation—The violation of any provision
of this law or valid rules and regulations promulgated hereunder shall con-
stitute a misdemeanor and shall be punishable by fine of not less than fifty
dollars for the first offense and for each subsequent offense shall be pun-
ished by a fine of not less than five hundred dollars or imprisonment in jail
not less than thirty days, or both such fine and imprisonment in the dis-
cretion of the court or jury. _

3. All acts and parts of acts, all sections of the Code of Virginia, and
all provisions of municipal charters inconsistent with the provisions of
this act are, except as otherwise provided, repealed to the extent of such
inconsistency.

4. The repeal of Title 61 effective as of October 1, 1968, shall not
affect any act or offense done or committed, or any penalty or forfeiture
incurred, or any right established, accrued or accruing on or before such
date, or any prosecution, suit or action pending on that date. Except as in
this act otherwise provided, neither the repeal of Title 61 of the Code of
Virginia nor the enactment of Title 61.1 shall apply to offenses committed
prior to October 1, 1968, and prosecutions for such offenses shall be
governed by the prior law, which is continued in effect for that purpose.
For the purposes of this act, an offense was committed prior to October 1,
1968, if any of the essential elements of the offense occurred prior thereto.
5. Whenever in Title 61.1 any of the conditions, requirements, provisions
or contents of any section, article or chapter of Title 61, as such title
existed prior to October 1, 1968, are transferred in the same or in modified
form to a new section, article or chapter of Title 61.1, and whenever any
such former section, article or chapter of Title 61: is given a new number
in Title 61.1, all references to any such former section, article or chapter
of Title 61 appearing elsewhere in the Code of Virginia than in Title 61.1
shall be construed to apply to the new or renumbered section, article or
chapter containing such conditions, requirements, provisions or contents
or portions thereof. ,

6. Chapter 3, titled “REFRIGERATED LOCKER PLANTS” of Title 61.1
is declared to be in exercise of the police powers of the State for the pro-
tection of the safety, health and welfare of the people of the State. It is
hereby found and declared that the public welfare requires control and
regulation of the operation of refrigerated locker and food processing
plants, and of the sale, processing, and handling of human food in connec-
tion therewith, and the control, inspection, and regulation of persons
engaged therein, in order to prevent or eliminate unsanitary, unhealthful,
fraudulent, or unfair practices and conditions in connection with the
refrigerated locker plant and food processing business, which practices
and conditions endanger public health, defraud customers, jeopardize the
public source of supply and storage facilities of essential food products,
and adversely affect an important and growing industry. It is further
found and declared that the regulation of the refrigerated locker plant and
food processing business, as above outlined, is in the interest of the
economic and social well-being and the health and safety of the State and
all of its people. This declaration shall not be deemed to exclude a like
intent of the General Assembly with respect to any other provisions of
this act with respect to which such intent might reasonably be inferred.
7. It is the intention of the General Assembly that this act shall be
liberally construed to effect the purposes set out herein, and if any clause,
sentence, paragraph or section of this act shall ever be declared unconstitu-
tional, it shall be deemed severable, and the remainder of this act shall
continue in full force and effect. |
8. This act shall become effective on October 1, 1968.