(2) Any economic poison unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one, through which the required information on the immediate container cannot be clearly read, a label bearing

(c) the net weight or measure of the content subject, however, to such reasonable variations as the Commissioner may permit.

B. It shall be unlawful—

(3) for any person to give a guaranty or undertaking provided for in section eight which is false in any particular, except that a person who receives and relies upon a guaranty authorized under section eight may give a guaranty to the same effect, which guaranty shall contain in addition to his own name and address the name and address of the person residing in the United States from whom he received the guaranty or undertaking; [1948]

Sec. 4. Injunction.

In addition to the remedies herein provided the Commissioner of Agriculture is hereby authorized to apply to an appropriate court for, and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction restraining any person from violating any provision of section three irrespective of whether or not there exists an adequate remedy at law. [1948] Sec. 7. Penalty for violations; notice; minor violations.

(a) If it shall appear from the examination or evidence that any of the provisions of this act or the rules and regulations issued thereunder have been violated, the Commissioner may cause notice of such violations to be given to the registrant, distributor, and possessor from whom said sample or evidence was taken. Any party so notified shall be given an opportunity to be heard under such rules and regulations as may be prescribed by the Board of Agriculture and Immigration.

Any person convicted of violating any provision of this act or the rules and regulations issued thereunder shall be adjudged guilty of a misdemeanor and shall be punished in the discretion of the court.

(b) Nothing in this article shall be construed as requiring the Commissioner to report for the institution of proceedings under this act, minor violations of this act, whenever the Commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. [1948]

Sec. 8. Guaranty protection.

A. The penalties provided for violations of section three A of this act shall not apply to—

(4) any person who establishes a guaranty signed by, and containing the name and address of, the registrant or person residing in the United States from whom he purchased and received in good faith the article in the same unbroken package, to the effect that the article was lawfully registered at the time of sale and delivery to him, and that it complies with the other requirements of this act, designating this act. In such case the guarantor shall be subject to the penalties which would otherwise attach to the person holding the guaranty under the provisions of this act. [1948]

[ED. NOTE. This section also provides for exemptions including those economic poisons used officially by State or Federal officials, used experimentally, and intended for export.]

Sec. 9. "Stop sale" orders.

It shall be the duty of the Commissioner to issue and enforce a written or printed "stop sale, use, or removal" order to the owner or custodian of any lot of economic poison and to hold at a designated place when the Commissioner finds said economic poison is being offered or exposed for sale in violation of any of the provisions of this act until the law has been complied with and said economic poison is released in writing by the Commissioner or said violation has been otherwise legally dis posed of by written authority;

Sec. 10. Seizure.

[1948]

Code 1948, Vol. 1, Title 3, Ch. 16, Art. 1-Inspection of Various Commodities.

Sec. 3-284. Certain sections continued in force.

Sections 1400 to 1443, inclusive, of the Code of 1919, as to inspection of flour and other commodities, are continued in force. [1948]

Sec. 1400. Inspectors appointed by Governor.

Inspectors may be appointed of any of the follow ing commodities, to wit: flour, corn meal, bread, salt, fish, pork, beef, tar, pitch, turpentine, lumber, hemp, butter, or lard, but no inspection shall be required or made of lumber exported from the State by the party who shall have cut the same on his own land, except at the request of such party. Such appointment shall be made annually, in September or October, by the Governor, for the several counties, cities, and towns in which it may be necessary to

Code 1948, Vol. 1, Title 3, Ch. 16, Art. 1-Inspection of Various Commodities-Continued. appoint such inspectors. The same person may be appointed inspector of two or more of said commodities; but there shall not be in the same city or town more than one, nor in the same county more than six inspectors of the same commodity. [1887] Sec. 1407. Barrels containing flour, meal, and bread: How made.

All barrels containing flour, meal, and bread, offered for inspection, shall be made of good seasoned timber, either split or sawed, with ten hoops, well nailed with four nails in each chine hoop and three nails in each bilge hoop. The stave shall be twentyseven inches long, and the head seventeen inches and a half in diameter. In half barrels the staves shall be twenty-three inches long and the head twelve and a half inches in diameter. [1887]

Sec. 1408. Same: What quantity to contain.

Each barrel of flour or corn meal shall contain one hundred and ninety-six pounds of flour or meal and each half barrel ninety-eight pounds; and in case of deficient quantity, any person offering such flour or meal for inspection shall forfeit eight cents for each pound of such deficiency not exceeding three, and seventeen cents for each pound over three. [1887]

Sec. 1409. Size of fish barrels.

All fish offered for inspection shall be packed, all of one kind in barrels of well-seasoned strong timber, clear of sap, not less than five-eighths of an inch thick, made tight, with at least twelve hoops, containing not less than twenty-eight gallons. [1887]

Sec. 1410. Beef and pork: Weight of barrel.

All barrels containing pork or beef offered for inspection shall be made of the same kind of timber, and of the same thickness and strength, as is prescribed for fish barrels, and shall contain at least two hundred and four pounds net of good, clean, fat, sound, merchantable meat, well salted between each layer, and well pickled. There shall not be more than two heads in any one barrel of pork, and the whole shall be well salted and cured before it is packed. [1887]

Sec. 1413. Lumber: Staves.

All lumber offered for inspection shall be of the following dimensions and quality:

First, Long butt staves.-Long butt staves, five feet six inches long; short butts, four feet six inches long; and both five inches wide, two inches thick on the thin edge, and not more than two and a half inches thick in any place when dressed;

Second, Pipe and hogshead staves.-Pipe staves, four feet six inches long, three inches wide, and three-quarters of an inch thick on the thin edge,

when dressed; hogshead staves, three feet six inches long, three inches wide, and three-quarters of an inch thick on the thin edge, when dressed; rough hogshead staves of the same dimensions as the dressed;

Third, Barrel staves.-Barrel staves, when dressed, and rough barrel staves, shall be two feet eight inches long, three inches wide, and three-quarters of an inch thick;

Fourth, Hogshead heading.-Hogshead heading shall be twenty-eight, thirty, and thirty-two inches long, with a due proportion of pieces of each length; they shall be five inches wide, and threequarters of an inch thick on the thin edge, when dressed; and all of the above-mentioned lumber shall be of good white oak;

Fifth, Red oak hogshead staves.-Red oak hogshead staves shall be three feet six inches long, three and a half inches wide including sap, and three inches wide clear of sap, and three-fourths of an inch thick on the thin edge, when dressed;

Seventh, Shingles.-Building shingles shall be twenty-two inches long, four inches wide, and fiveeighths of an inch thick at the butt, when dressed; and shall be free from sap; [1887]

Sec. 1411. Barrel for pitch, tar, and turpentine.

All barrels of pitch, tar, or turpentine offered for inspection shall contain at least thirty-one gallons and a half, and be full of good, clean, sound, and merchantable tar, pitch, or turpentine. [1887]

Sec. 1411a. Paint, turpentine and linseed oil: Marking requirements; enforcement; penalty; exemptions.

(1) No person, firm or corporation shall offer for sale, expose for sale or sell within this State any paint, turpentine or linseed oil, or any substitute therefor, marked and branded in any manner so as to tend to deceive the purchaser thereof as to its nature or composition, or which is not labeled or marked as hereinafter provided.

(2) For the purpose of this act [Sec. 1411a] an article shall be deemed to be improperly marked or misbranded:

(c) If the package or container, or its label shall bear any statement, design or device regarding the ingredients or substance contained therein, which statement, design or device shall be false or misleading in any particular.

(3) The term "paint" as used in this act shall include oxide of zinc, red lead and white lead (basic carbonate or basic sulphate), dry or in any kind of oil, or any compound intended for the same use; paste or semi-paste paint, and liquid or mixed paint for use on buildings, fences, and structures.

(4) The label required by this act shall clearly and distinctly state, in the English language with

letters and type of such size and shape as to be easily legible, the name and residence of the manufacturer of the paint, or of the distributor thereof, or of the party for whom the same is manufactured,

*; such label shall also show the net measure of the contents of the container in United States standard gallons or fraction thereof in case of liquid or mixed paints, and in weight avoirdupois in the case of paste or semi-paste paints.

(8) The commissioner of agriculture and immigration shall be charged with the proper enforcement of this act, and shall, with the approval of the board of agriculture and immigration, have authority to establish and promulgate such rules and regulations in regard to inspection, analysis and sales of paints, turpentines and linseed oils or compounds or substitutes therefor as may be necessary and proper and as in his judgment will best carry out the provisions of this act.

(9) Whoever violates any of the provisions of this act or any section thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars, or imprisoned in jail not more than sixty days, for each offense.

(11) Nothing herein shall apply to sales by any manufacturer or jobber in quantities to any industrial plant, or to public service corporations, and any manufacturer, or jobber, may have on hand, & keep or store in this State, paints, linseed oil, or turpentine not marked or branded in accordance with this act, if the same are intended to be shipped into another State. [1922; last amended 1948.]

Sec. 1412. Salt barrels: How made.

All barrels containing salt offered for inspection shall be made of good, seasoned materials, with at least ten hoops, with four nails in each chine hoop, and three nails in each upper bilge hoop, and not exceeding thirty inches in length and eighteen inches in diameter across the head within the chine. [1887]

Sec. 1414. Hemp boxes: Size.

All hemp offered for inspection shall be strong, dry, sound, and merchantable, and shall be prized, either before or when inspected, in bale boxes, three feet two inches long in the clear, three feet deep, one foot eight inches wide at the bottom, and two feet at the top. [1887]

Sec. 1415. Weight and tare to be marked on containers.

Every barrel of flour, corn meal, bread, fish, pork, beef, tar, pitch or turpentine; every barrel, box, or bag of salt, and every bale of hemp made, packed or filled in this State and offered for inspection shall have the weight and tare thereof marked thereon by the manufacturer, packer, or filler thereof. [1887]

Sec. 1417. Penalty for violating preceding section.

*

For every barrel, box, bag, or bale of any of the commodities mentioned in the * • preceding section, offered for inspection, or removed from the manufactory contrary to said section, the person offering the same for inspection, or the manufacturer, shall forfeit fifty cents; and if any person wilfully put a false tare or weight on any such barrel, box, bag, or bale, he shall forfeit one dollar on every such barrel, box, bag, or bale. [1887]

Sec. 1421. Salt barrels: Gross weight and tare to be marked; weight of empty barrel.

If an inspector of salt judge the same to be merchantable, and, if packed in barrels, that they are such as are required, he shall mark or brand each barrel, box, or bag, in a durable way, with the name of his county, and with the quality thereof, as number "one," "two," or "three." He shall also weigh each barrel, box, or bag, and mark the same in like manner, with the gross weight, and with the tare, allowing for each barrel of salt twenty-eight pounds for the tare. But if he finds that the barrel exceeds that tare, he shall cause the true tare to be marked thereon, for which he shall have an extra fee of one cent on each barrel, bag, or box. [1887] Sec. 1422. Alum salt: Marking requirements.

In the case of alum salt (not to be exported in bulk), the inspector may examine the same in bulk, if desired, but shall, after it is packed, weigh and mark or brand the same, as directed in the preceding section, and also with the words "alum salt." [1887]

Sec. 1423. When inspector may pass or weigh salt.

No inspector shall pass any salt in a barrel of larger dimensions than is prescribed; nor shall any salt be weighed by him until it lies twenty-four hours, at least, and such additional time after packing, as the inspector shall deem sufficient for draining it. [1887]

Sec. 1427. Hemp: Marking requirements.

If any inspector judge any hemp offered to him for inspection to be strong, dry, sound, and merchantable, and packed in bale boxes of the proper size, he shall annex thereto a label, stamped with the quality and weight of each bale, distinguishing such as is clean, as well as dry and well conditioned, as "first" quality, and such as is not perfectly clean, though dry and well conditioned, as "second" or "third" quality. [1887]

Sec. 1435. When packages to be reweighed: Expense of repacking.

An inspector, if he suspects any commodity on which the tare is marked to be falsely marked, or if the purchaser request it, shall unpack any barrel or other parcel of such commodity, and if he find

Code 1948, Vol. 1, Title 3, Ch. 16, Art. 1-Inspection of Various Commodities-Continued.

the tare greater than is marked, the manufacturer or packer and filler who sold the same shall pay the expense of unpacking or repacking, in addition to any penalty imposed by law. But if otherwise, the said expense shall be paid by the inspector, if he acted on his own suspicion, or by the purchaser, if the trial was made at his request. [1887]

Sec. 1436. Inspectors to enforce laws.

Every inspector shall endeavor to enforce the law as to the inspection of commodities of which he is inspector, and in every case in his knowledge of any violation thereof, shall inform the attorney for the Commonwealth of his county or city. [1887]

Sec. 1439. Penalty for selling articles falsely marked.

If any person sell, or offer to sell, any commodity in barrels, or other package or parcel, known by him to be of less weight, size, and gauge (after allowing for ordinary shrinkage and loss of weight) than is required by law, or than is marked or branded thereon, or than is stated in the certificate of the inspector thereof, he shall forfeit ten dollars for every such barrel, package, or parcel so sold or offered for sale. [1887]

Sec. 1441. Penalty on inspector for falsely marking, etc.

If any inspector or culler mark or brand any barrel or other package of any such commodity, or give a certificate of his having inspected any lumber or salt in bulk, without having actually inspected the same, or pass or brand any such commodity as merchantable which he knows to be unfit to pass (unless ordered by reviewers, according to law), or permit any other person to use his mark or brand for that purpose, or be guilty of any wilful neglect or omission of his duty as inspector, he shall be fined fifty dollars for every such offense. [1887] Code 1948, Vol. 1, Title 3, Ch. 16, Art. 3—"Virginia Food Act," Misbranding.

Sec. 3-307. Definitions.

For the purpose of this article [Secs. 3–306—3— 322]:

(1) The term "Commissioner" means the Commissioner of Agriculture and Immigration. The term "Board" means the Board of Agriculture and Immigration.

(3) The term "food" means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article.

(4) The term "label" means a display of written, printed or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this article that any word,

Sec. 3-310. Violation a misdemeanor; guaranty protection.

(a) Any person who knowingly violates any of the provisions of Sec. 3-308 shall be guilty of a misdemeanor and shall on conviction thereof be punished in the manner provided by law for the punishment of misdemeanors.1

(b) No person shall be subject to the penalties of subsection (a) of this section, for having violated subsections (a) or (c) of Sec. 3-308 if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing, or having a place of business, or an agent or representative on whom process may be served, in the State, from or through whom he received in good faith any food, to the effect that such food is not adulterated or misbranded within the meaning of this article, designating this article. [1940]

1 See Sec. 19-265, page 1054. See also Sec. 3-339, this page, I punishment for violating Title 3.

Sec. 3–313. Notice or warning as to minor violation.

Nothing in this article [Secs. 3-306–3–322] shall be construed as requiring the Commissioner to report for the institution of proceedings under this article, minor violations of this article, whenever he believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. [1940]

Sec. 3-314. Regulations as to fill of container.

Whenever in the judgment of the Commissioner such action will promote honesty and fair dealing in the interest of consumers, the Board shall promulgate regulations fixing and establishing for any * fill of container,

food or class of food

[1940]

Sec. 3-316. When food deemed misbranded.

A food shall be deemed to be misbranded: (a) If its labeling is false or misleading in any particular.

(d) If its container is so made, formed, or filled as to be misleading.

(e) If in package form, unless it bears a label containing (3) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under clause (3) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the Board.

(2) A food for which a standard or standards of fill of container have been prescribed by regulations as provided by Sec. 3-314, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as

such regulations specify, a statement that it falls below such standard. [1940]

Sec. 3-318. Regulations.

(a) The authority to promulgate regulations for the efficient enforcement of this article [Secs. 3306-3-322] is hereby vested in the Board, unless specially conferred on the Commissioner. The Board is hereby authorized to make the regulations promulgated under this article conform, in so far as practicable with those promulgated under the federal act [21 U. S. C. Sec. 301 et seq.; 52 Stats. 1040 et seq.]. [1940]

Code 1948, Vol. 1, Title 3, Ch. 16, Art. 4-"Virginia Food Act," Seizure and Penalties.

Sec. 3-329. Authority to seize food products.

The Commissioner, or any person by the Commissioner duly appointed for that purpose, is authorized at all times to seize and take possession of any and all food and dairy products, substitutes therefor, or limitation thereof kept for sale, exposed for sale, or held in possession or under control of any person which in the opinion of the Commissioner, or his deputy, or such person by him duly appointed, shall be contrary to the provisions of laws which now exist or which may be hereafter enacted. [1908]

Sec. 3-339. Punishment for failure to comply with requirements of title.

Any manufacturer, dealer or person who refuses to comply upon demand with the requirements of chapters 16, 17, 18, 24 and 27 of this title or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent any chemist, inspector or other person in the performance of his duty in con. nection with such chapters, shall be guilty of a misdemeanor, and, unless otherwise specified, upon conviction be fined not less than ten dollars nor more than one hundred dollars, or be imprisoned not more than one hundred days, or both, in the discretion of the court; and such fines, less the legal costs, shall be paid into the State Treasury. [1908]

Code 1948, Vol. 1, Title 3, Ch. 17, Art. 4-Milk and Cream.

Sec. 3-401. Glassware: Testing; fees; marking.

No bottle, pipette or other measuring glass or utensils shall be used in this State by any inspector of milk or cream, or by any person in any milk inspection laboratory, in determining by the Babcock or any other centrifugal machine, the percentage of fat in milk or cream for the purposes of the inspection or by any person in any milk depot, creamery, cheese factory, condensed milk factory, or other place, in