Code 1948, Vol. 1, Title 3, Ch. 17, Art. 4-Milk and Cream-Continued. determining by the Babcock or other centrifugal machine, the composition or value of milk or cream as a basis for payment in buying or selling, until it has been tested for accuracy and verified by the Chief Chemist, his assistants or other experts of the Department of Agriculture and Immigration of Virginia. Every such bottle, pipette or other measuring glass or utensil shall be submitted to the Commissioner of Agriculture and Immigration by the owner or user thereof to be tested for accuracy before the same is used in this State for the purposes aforesaid. The Commissioner shall cause the bottle, pipette or other measuring glass or utensil so submitted, after the fees herein provided have been paid, to be tested in the laboratory of the Department of Agriculture and Immigration. The owner or user shall pay to the Commissioner, as a fee for making the test, a sum not exceeding five cents for each bottle, pipette or other measuring glass or utensil tested. Any bottle, pipette or other measuring glass or utensil that has been so tested and verified shall be marked by the Chief Chemist, his assistants or other experts of the Department of Agriculture and Immigration, to indicate the fact of such test or verification; or if tested and found to be inaccurate may be marked by him or them to indicate that it is inaccurate. No bottle, pipette or other measuring glass or utensil that has been marked by the Chief Chemist, his assistants or other experts of the Department of Agriculture and Immigration to indicate that it is inaccurate shall be used in this State by any person in determining the composition or value of milk or cream. [1916] Sec. 3-402. Inspection of centrifugal machines and scales; when condemned; fees. Every Babcock or other centrifugal machine, or cream test or butter fat test scale, used in this State by any inspector of milk or cream or by any person in any milk inspection laboratory for determining the composition of milk or cream for purposes of inspection, or by any person in any milk depot, ice cream factory, confectionery, creamery, cheese factory, condensed milk factory, laboratory or other place for determining the composition or value of milk or cream as a basis for payment in buying or selling, shall be subject to inspection at least once in each year by the Commissioner, his assistants or agents. The owner or user of any such scale shall pay to the Commissioner as a fee for making such annual inspection the sum of one dollar for each scale inspected. Any Babcock or other centrifugal scale so used, that is not in the opinion of the Commissioner or his assistants or agents in condition to give accurate results, may be condemned by the Commissioner or his assistants or agents. No Babcock or other centrifugal machine or scale that has been condemned by the Commissioner or his assistants or agents as not in condition to give accurate results shall be used in this State by any person for determining the composition or value of milk or cream, unless the machine or scale be changed to the satis faction of the Commissioner or his assistants or agents, and approved by him. [1916] Sec. 3-406. Standard capacity of measures. In the use of the Babcock or other centrifugal machine, the standard milk measurer or pipettes shall have a capacity of seventeen and six-tenths cubic centimeters and the standard test tubes or bottles for milk shall have a capacity of two cubic centimeters for each ten per centum marked on the necks thereof. [1916; last amended 1940.] Sec. 3-407. Units for testing cream. Cream shall be tested by weight and the standard units for testing shall be eighteen grams, and nine grams, and it is hereby made a violation of the provisions of this article [Secs. 3-401-3-415] to use any other standard of milk or cream measure where milk or cream is purchased by or furnished to creameries or cheese factories, and where the value of the milk or cream is determined by the per centum of butter fat contained in the same by the Babcock or other centrifugal test or cream test or butter fat test scales. [1916; last amended 1940.] Sec. 3-409. Test of glassware and inspection of machines. It shall be the duty of the Commissioner and he is authorized, to test or cause to be tested all bottles, pipettes and other measuring glasses or utensils submitted to him as provided in Sec. 3-401, to inspect or cause to be inspected at least once each year every Babcock or other centrifugal machine or cream test or butter fat test scales used in this State [1916] Sec. 3-410. False manipulation and reading. Any person who shall by himself or as the officer, servant, agent or employee of any person, firm or corporation, falsely manipulate or under-read or overread the Babcock test or any other contrivance used for the purpose of determining the amount of milk fat in milk or cream, or who shall make any false determination of any test or contrivance used for the purpose of determining the amount of milk fat in any dairy products, shall be guilty of a misde meanor. [1916] 1 See Sec. 19-265, page 1054, punishment for misdemeanor See also Sec. 3-339, page 1047, punishment for violating Title 3. Sec. 3-412. Commissioner to enforce; parties exempt. It shall be the duty of the Commissioner to see that the provisions of this article [Secs. 3-401-3-415) are complied with, and he may in his discretion prosecute or cause to be prosecuted any person violating any of its provisions. But they shall not be construed to affect any persons using any centrifugal or other machine or test in determining the composi tion or value of milk or cream when such determina tion is made for the information of such persons only and not for purposes of inspection, or as a basis for payment in buying or selling. [1916] Code 1948, Vol. 1, Title 3, Ch. 18-Bread. All bread stored, sold, offered or exposed for sale by the loaf shall have conspicuously affixed thereon a label on which shall be printed in the English language in letters and figures not smaller than onefourth inch in height, the net weight of the loaf, when baked. The name and address of the baker or manufacturer of the loaf shall also be shown on the same label. The Commissioner [of Agriculture and Immigration], with the approval of the Board [of Agriculture and Immigration], shall adopt and establish such reasonable tolerances or variations within which the weights of loaves shall be kept; provided, however, that such tolerances and variations shall not exceed one ounce per loaf on loaves weighing less than one pound or two ounces on loaves weighing more than two pounds twelve hours after baking. [1920] Sec. 3-481. Enforcement. The Commissioner [of Agriculture and Immigration] is charged with the enforcement of the provisions of this chapter [Secs. 3-477-3-482.]. [1920] Sec. 3-482. Penalty for violations. Any person, firm or corporation who shall violate any of the provisions of this chapter [Secs. 3-477— 3-482] shall be subject to a fine of not less than ten dollars, nor more than one hundred dollars, and each day's continuance of any practice, act or condition prohibited herein shall constitute a separate offense within the meaning of this chapter. [1920] Code 1948, Vol. 1, Title 3, Ch. 20, Art. 1—Apples. Sec. 3-507. Standards and rules as to quantity; closed packages. The Board of Agriculture and Immigration is directed to establish and promulgate, from time to time, official standard grades for apples, by which the quantity, may be determined, and prescribe and promulgate rules and regulations governing markings which shall be required upon all closed packages of apples for the purpose of showing the name and address of the producer or packer, the variety, quantity, quality and size of the product, or any of them, [1927; last amended 1936.] Sec. 3-509. Enforcement. The Board of Agriculture and Immigration shall be charged with the enforcement of this article [Secs. 3-506-3-512] [1927; last amended 1936.] Sec. 3-511. Penalty for violations. Any person, firm, company, organization or corporation, who shall violate any of the provisions of this article [Secs. 3-506-3-512], shall be punishable by a fine of not less than ten dollars nor more than five hundred dollars for each offense. [1927; last amended 1934.] Code 1948, Vol. 1, Title 3, Ch. 21, Art. 1-Agricultural Products, Containers. Sec. 3-527. Establishment of standards for capacity and marking of containers. In the administration of the Division [of Markets], the Director [of Division of Markets] shall exercise and discharge the following powers and duties, under the supervision of the Commissioner [of Agriculture and Immigration]. the most ad (a) He shall investigate vantageous methods of packing, storing and standardizing agricultural products, and may establish and publish official standards for capacity and marking of open or closed, filled or unfilled receptacles for agricultural products (c) The director is authorized to make and establish rules and regulations for carrying out the purposes of this chapter [Secs. 3-526-3-533], such rules and regulations to become effective when approved by the Commissioner and Board [of Agriculture], and enforceable by action or proceedings in any court of competent jurisdiction. [1916; last amended 1924.] Code 1948, Vol. 1, Title 3, Ch. 23-Commercial Feeding Stuffs. Sec. 3-613. Penalties for violations. Any person, firm or corporation, either directly or through any agent, who shall manufacture, sell, expose for sale, or have in his possession with intent to sell, any concentrated commercial feeding stuff which is adulterated or misbranded within the meaning of this chapter [Secs. 3-610-3-646], or within the rules and regulations prescribed in accordance with the provisions of this chapter by the Commissioner [of Agriculture and Immigration], with the approval of the Board [of Agriculture and Immigration], or who shall violate any of the provisions of this chapter, a punishment for which is not otherwise specifically prescribed in this chapter, shall be guilty of a misdemeanor, and for such offense shall be fined not exceeding two hundred dollars for the first offense, and for each subsequent offense not exceeding three hundred dollars, or be imprisoned not exceeding one year, or both fine and imprisonment, in the discretion of the court; and such fines, less legal cost and charges, shall be paid into the State treasury. [1910] Sec. 3-619. Definition; construction and application of act. The term concentrated commercial feeding stuffs, as used in this chapter [Secs. 3-610-3-646], shall be Code 1948, Vol. 1, Title 3, Ch. 23-Commercial Feeding Stuffs-Continued. held to include all feeds intended for feeding to live stock and poultry, except hays, straws and corn stover, when the same are not mixed with other materials, nor shall it apply to the whole unmixed seeds or grains of cereals, when not mixed with other materials; nor shall it include the pure products of wheat, known as middlings, shorts and bran, made from wheat only; nor the pure products of corn, known as corn meal, hominy, grits and corn bran. Nothing contained in this chapter shall be construed to exempt any products intended for feeding to domestic animals, from a printed statement certifying the net weight of the contents of the package, the name under which it is offered for sale, and the name and address of the manufacturer of the product, but when the products shall be sold and delivered to the consumer at the place of manufacture, the miller or manufacturer therof shall not be required to furnish the printed statement hereinbefore provided for; nor shall this chapter apply to the byproducts of wheat as hereinbefore expressed, nor to corn meal, hominy, grits or corn bran, when the sales thereof are made by farmers growing the wheat and corn from which such products are made. [1910] Sec. 3-620. Marking requirements; standard weight packages. Every lot or parcel of concentrated commercial feeding stuff 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; But all concentrated commercial feeding stuffs shall be in standard weight bags or packages of twenty-five, fifty, seventy-five, one hundred, one hundred and twenty-five, one hundred and forty, one hundred and fifty, one hundred and seventy-five and two hundred pounds. [1910] Sec. 3-626. Rules and regulations for enforcement. The Commissioner [of Agriculture and Immigration], with the approval of the Board [of Agriculture and Immigration], shall from time to time adopt rules and regulations for carrying out the provisions of this chapter [Secs. 3-610-3-646], [1910] Code 1948, Vol. 1, Title 3, Ch. 25-Dog Food. Sec. 3-677. Definitions; enforcement. (a) The term "dog food in cans", hereinafter referred to as "canned dog food", means any article of food, whether simple, mixed or compound, packed in cans or hermetically sealed containers and used for food for dogs and cats. (b) The term "Commissioner" means the Commissioner of Agriculture and Immigration, who is charged with the enforcement of the law and regulations governing the distribution of canned dog food in the State. (c) The term "distributor" means any manufacturer, importer, wholesaler, retailer, or any person manufacturing, distributing, selling, offering, or exposing for sale any canned dog food as hereinbefore defined. [1940] Sec. 3-678. Mislabeled cans prohibited. No person shall, within this State, manufacture, sell, distribute, offer, or expose for sale any canned dog food which is adulterated or mislabeled within the meaning of this chapter [Secs. 3-677-3-689]. [1940] Sec. 3-680. When deemed mislabeled. Canned dog food shall be deemed to be mislabeled: (a) If it is not labeled; or (b) If the label contains any inaccurate statements, or does not conform in all particulars with the label approved by the Commissioner in connection with the registration of the distributor's canned dog food under this chapter [Secs. 3-677-3-689]. [1940] Sec. 3-683. Registration; marking requirements. The certification made by a distributor for the purpose of registration of any brand or kind of canned dog food shall contain the following informa tion and such other information as the Commissioner may require, for the purpose of ascertaining whether the brand or kind of such dog food submitted for registration conforms with the provisions of this chapter [Secs. 3-677-3-689] and all regulations issued thereunder: (c) A copy of the label of the brand or kind of canned dog food which is being submitted for registration. The label must have imprinted thereon, in a conspicuous manner, a clear and legible statement in the English language, which covers the following: (1) The net weight of the contents. [1940] Sec. 3-687. Penalties for violations. Any violation of the provisions of this chapter [Secs. 3-677-3-689], or failure to comply with such provisions, shall be a misdemeanor, and punishable as such. A violation of any of the provisions of this chapter by a partnership, corporation or association shall also be deemed a violation by the individual partners, directors, officers, agents or employees of such partnership, corporation or association, who personally ordered, did, or knowingly permitted any of the acts or omissions constituting in whole or in part such violations. [1940] Sec. 3-689. Seizure. Canned dog food may be inspected and seized by the Commissioner under the provisions of Sec. 3-329.1 [1940] 1 See page 1047. Code 1948, Vol. 1, Title 3, Ch. 27-Oleomargarine. Manufacturers, dealers or agents selling, exposing or offering for sale oleomargarine or substitutes for pure butter, or process or renovated butter, shall first display signs in conspicuous places, and as directed by the Commissioner of Agriculture and Immigration, or his agents, or assistants, in their storehouses and sales rooms bearing the following words, and no others, printed in black letters one inch square on a white background (as the case may be): "We sell oleomargarine here", "We sell process (or renovated) butter here", and each tub, box, container and package of oleomargarine or process or renovated butter shall be plainly marked with the net weight of the contents of the package and the word "oleomargarine" or "process (or renovated) butter", as the case may be, to clearly indicate that the product is oleomargarine or process (or renovated) butter, and where sales of oleomargarine, process butter, or renovated butter are made by retail from bulk, the container or wrapper in which the product is delivered to the purchaser shall be plainly marked with the net weight of the contents of the package and the word "oleomargarine" or "process (or renovated) butter", as the case may be. [1916] Sec. 3–705. Penalties for violations; enforcement. Any person, firm or corporation, who shall violate any of the provisions of Secs. 3-700 to 3-704 shall be guilty of a misdemeanor, and for such offense shall be fined not exceeding two hundred dollars. The Commissioner is charged with the enforcement of the provisions of such sections. [1916] Code 1948, Vol. 1, Title 4, Ch. 1-Alcoholic Beverages. Sec. 4-7. Board to determine capacity of containers and contents of labels. The functions, duties and powers of the Board Virginia Alcoholic Beverage Control Board] shall be as follows: (h) To determine the nature, form and capacity of all packages to be used for containing alcoholic beverages to be kept or sold under this chapter [Secs. -1-4-98], and to prescribe the form and contents f all labels and seals to be placed thereon; [1934; ast amended 1936.] Code 1948, Vol. 1, Title 28, Ch. 5, Art. 15-Oyster Measures. Sec. 28-188. Standard measures; penalty for violations; seiz ures. It shall not be lawful at any time for any person to buy or sell oysters in this State in the shell by any other than one-half bushel or one bushel metallic measures, and such measures shall be iron circular tubs with straight sides and straight solid bottoms with holes in bottom, if desired, for draining, such holes to be no larger, however, than one inch in diameter. A half-bushel tub shall have the following dimensions, all measurements to be from inside to inside: Fifteen inches across the top, thirteen inches across the bottom, and seventeen inches diagonally from the inside chine to the top; and a bushel tub shall measure eighteen and one-half inches across the top, seventeen inches across the bottom, and twenty-one and one-half inches diagonally from the inside chine to the top. When the oysters are bought or sold out of the shell, they shall be measured by the gallon, halfgallon, quart, pint, etc. Any person violating any provision of this section shall be fined not less than twenty-five nor more than one hundred dollars for each offense. Moreover, if any inspector or other oyster official have reason to believe that measures not conforming to the above requirements are used on board any vessel or craft, or in any oyster house, he is hereby empowered to search for, seize and destroy such unlawful measures. [1910; last amended 1936.] Sec. 28-189. Same: Penalty on inspector for not sealing; destruction of unauthorized measures. If any inspector fails to comply with the requirements for inspecting and sealing, he shall be fined twenty dollars for each offense. If an inspector has reason to believe that other measures are used on board vessel or craft than such as are hereinbefore prescribed, he shall seize and destroy such measures. [1887; last amended 1936.] any Code 1948, Vol. 2, Title 45, Ch. 1—Mine Scales, Violations of Title. Sec. 45-17. Penalties for violations. (b) The State Mine Inspector, or any district inspector, or any operator, mine superintendent, general manager, mine foreman or other employee of any mining company, or any other person, who shall violate any of the provisions of this title [Secs. 45-145-93], shall be guilty of a misdemeanor and, upon conviction thereof, shall, unless a different penalty is expressly provided in this title, be fined not less than ten dollars nor more than five hundred dollars, or be imprisoned in jail not less than ten days nor more than one year, in the discretion of the court or jury Code 1948, Vol. 2, Title 45, Ch. 1-Mine Scales, Violations of Title-Continued. trying the case, except as otherwise provided in this title. [1940] Code 1948, Vol. 2, Title 45, Ch. 6-Mine Scales, Supervision and Weighmen. Sec. 45-88. State mine inspector as inspector of weights and measures. The State Mine Inspector shall be the inspector of weights and measures for the purpose of inspecting, testing and ascertaining whether the scales or measures, which are kept at coal mines for the of purpose weighing or measuring coal produced therefrom, are correct, and for such purpose shall have the authority vested in and be charged with the duties imposed upon inspectors of weights and measures by general law. [1940; last amended 1944.] Sec. 45-89. Weighmen and checkweighmen. Every operator shall employ a weighman, who shall correctly weigh all coal that is to be paid for by weight, and the miners or coal loaders working in any mine shall have the right to employ a checkweighman, who shall be a worker employed at the same mine, provided a majority of the miners or loaders voting after at least three days' notice of the time and place of election shall have elected so to do, by secret ballot. The checkweighman, when so employed, shall have the right to inspect and check the weighing of coal mined at such mine. It shall be the duty of the weighman and checkweighman, at reasonable intervals and without inconvenience to the operation of the mine, to ascertain the correct tare weight of all mine cars by weighing while empty and in usual working condition. When the checkweighman is employed by the miners working at any mine the miners shall mutually agree as to the basic rate of pay, per hour, per day or per ton, of the checkweighman and the method of collection and payment. Should the majority of the miners voting at any mine fail to employ a checkweighman, then the person employed by the operator, corporation, company or person as weighman shall alone perform that duty. Before the weighman or checkweighman enter upon the discharge of the duties of their employment, they shall take and subscribe an oath or affirmation to abstain from the use of intoxicating liquors during the hours of work, to honestly and impartially do and perform the duties of their employment and to do equal and exact justice between employers and employees concerned in the matter of their employment to the best of their judgment, skill and ability. When the weighman is mutually selected by the consent of a majority of the miners working in any mine and the operator or his agent, it shall not be considered necessary to employ a checkweighman, but at any time that either of the parties to the agree ment becomes dissatisfied with the weighman, then by joint action they may dismiss him on ten days' notice or the miners may employ a checkweighman. [1940; last amended 1944.] Sec. 45-90. Operator to provide scales. The operator shall provide at such mine suitable tipples or dumping points, and accurate scales for the weighing of coal for which the miners are to be paid, or other suitable means of measuring the coal for which the miners are to be paid, on the basis of measure. [1940] Code 1948, Vol. 2, Title 54, Ch. 15, Art. 8-Drugs and Cosmetics. Sec. 54-463. When drug deemed misbranded. A drug shall be deemed to be misbranded: (2) If its labeling is false, deceiving or misleading in any particular. (4) If in package form it fails to bear a label containing (b) an accurate statement of the quantity of the contents in either terms of weight, measure, or numerical count, except granular effervescent salts; provided, that under subdivision (b) of this paragraph reasonable variations shall be permit ted, and exemptions as to small packages shall be established, by regulations prescribed by the Board [State Board of Pharmacy], where compliance with such provisions would be impracticable. (5) If any word, statement, or other information required on the label under any provision of this article [Secs. 54-461-54-474] is not prominently placed thereon in such a manner as to be easily seen and in such terms as to be readily understood by purchasers and users of such articles under customary conditions of purchase and use, due consideration being given to the size of the package. (8) (a) If it is a drug and its container is so made, formed, or filled as to mislead the purchaser; [1919; last amended 1948.] Sec. 54-466. When cosmetic deemed misbranded. A cosmetic shall be deemed to be misbranded: (2) If its labeling is false or misleading in any particular, (3) If in package form it fails to bear a label containing (b) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under subdivision (b) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations |