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Sec. 1248. If foods or powders are not labeled correctly, or if they contain deleterious substances, commissioner may decline to issue certificate or to declare forfeited one already granted. The dairy and food commissioner shall have the power to decline to issue a certificate, or to declare forfeited a certificate already granted for the sale of such condimental stock and poultry foods, powders, or liquids as are described in section twelve hundred and forty-five, if each package of said foods and powders are not labeled in accordance with the rules and regulations prescribed by the dairy and food commissioner, with the approval of the commissioner and board of agriculture and immigration, or if such foods and powders contain any substance or substances which may prove deleterious or harmful when used for the purpose or purposes for which they are recommended.

(1922. p. 648. In force June 18, 1922.

Sec. 1257. Definitions as used in this chapter.

The term "commission merchant," as used in this chapter, shall include every person, firm, exchange, association or corporation accepting or receiving farm produce on assignment, or who sells or offers for sale such farm produce on commission within this State, except where such farm produce is sold for consumption and not for re-sale.

This chapter shall not apply to the sale of farm produce at public auction by a duly licensed auctioneer, acting as the agent of another to whom such farm produce shall have been consigned; nor to the sale by sheriffs, constables and other officers and fiduciaries and court officials; nor shall this act apply to seeds sold at retail.

The term farm produce shall include all agricultural, horticultural and other products of the soil, live-stock, meats and meat products, poultry, eggs, dairy products, nuts and honey, but shall not include timber products, floricultural products, tea or coffee, peanuts, or cotton when sold under the supervision of a chartered exchange. (1920, p. 531. In force June 18, 1920.)

Sec. 1258. Sale of farm produce on commission; certificate of registration therefor.

No person, firm, exchange, association or corporation shall accept or receive farm produce on consignment, or sell or offer for sale such farm produce on commission within this State, without having first obtained from the commissioner of agriculture and immigration of the State of Virginia, a certificate of registration, as hereinafter provided. Every person, firm, exchange, association or corporation in this State accepting or receiving farm produce on consignment, or selling or offering for sale such farm produce on commission, shall annually on or before the first day of May, file an application, with satisfactory reference, with the commissioner of agriculture and immigration for a certificate of registration to do a commission business in farm produce.

Such applicant shall maintain an office or place of business in the State of Virginia, and shall state the kind of farm products which the Spplicant proposes to handle, the full name of the person, firm, exchange, association or corporation applying for such certificate of registration, and if the applicant be firm, exchange, association or corporation, the full name of each member of the firm, or the names of the officers of the exchange, association or corporation, and the name of the local agent of the exchange or association, and the city, town or village and street number at which the business is to be conducted. Such applicant shall further satisfy the commissioner of agriculture and immigration of his or its character, responsibility and good faith in seeking to carry on a commission business. The commissioner of agriculture and immigration shall thereupon issue to such applicant on payment of five dollars, and the execution and delivery of a bond, a duly registered certificate, entitling the applicant to conduct the business of receiving and selling farm produce on commission at the place named in the application until the first day of May next following.

(1920, p. 531. In force June 18, 1920.

Sec. 1260. Power of commissioner of agriculture and immigration to investigate.

The commissioner of agriculture and immigration, or his assistants, shall have power to investigate, upon the verified complaint of an interested person, the record of any person, firm, exchange, corporation or association applying for or holding a registration certificate, or any transaction involving the solicitation, receipt, sale or attempted sale of farm produce on a commission basis, the failure to make proper and true accounts and settlements at prompt and regular intervals, the making of false statements as to conditions, quality or quantity of goods received or while in storage, the making of false statements as to market conditions, with intent to deceive, or the failure to make payment for goods received or other alleged injurious transactions; and for such purpose, may examine at the place of business of the holder of such registered certificate that portion of the ledgers, books of account, memoranda or other documents relating to the transactions involved of any commission merchant and may take testimony therein under oath.

The commissioner of agriculture and immigration is hereby authorized, in his discretion, to designate one or more fit and proper persons, in any city or county in this State, who shall be known as "official weighers of agricultural produce." Upon the request of any consignor of farm produce, which is sold by weight, the commissioner shall require an official weigher of the city or county to which the said produce is shipped, to supervise the weighing of the said produce. The said weigher shall thereupon prepare, in triplicate, upon forms furnished by the commissioner, a certificate of the actual weight of such produce, one copy of the said certificate to be left with the consignee,

one copy mailed by the commissioner to the consignor and the third copy to be kept on file by the commissioner. In all questions arising under the provisions of this act, the certificate of the weigher, when duly sworn to, shall be prima facie evidence of the fact or facts therein certified. The commissioner is hereby authorized, by and with the consent of the board of agriculture and immigration, to adopt rules and regulations necessary to carry out the foregoing provisions and to fix the compensation of the said official weighers, and for their services in weighing and certifying the weights of agricultural produce, as herein above provided, the said weighers shall be paid such sum as may be fixed by the said commissioner, said compensation to be paid from such appropriation as may be made for the purpose of carrying out the provisions of this act.

When a consignor of farm produce fails to obtain satisfactory settlements in any transaction within thirty days after receipts of returns on any consignment he shall make written complaint to the commission merchants. Failing to secure a satisfactory adjustment, a certified complaint may be filed within ten days to the commissioner of agriculture and immigration. The commissioner of agriculture and immigration shall attempt forthwith to secure an explanation or adjustment; failing this, within seven days he shall cause a copy of such complaint, together with a notice of a time and place for hearing on such complaint to be served personally, or by mail, upon such commission merchant. Such service shall be made at least seven days before the hearing, which shall be held in the city or county in which is situated the place of business of the holder of the registered certificate. At the time and place appointed for such hearing, the commissioner, or his assistant, shall hear the parties to such complaint, shall have power to administer an oath, and shall enter in the office of the commissioner of agriculture and immigration, at Richmond, a decision either dismissing such complaint or specifying the facts which he deems established on such hearing, and in case such facts are established as cause him to revoke such certificate, he shall bring an action on the bond within sixty days of the filing of such decision.

(1920, p. 531. In force June 18, 1920.)

See chapter 406 of Acts 1918, herein.

Sec. 1261. Granting and revoking certificates.

The commissioner of agriculture and immigration may decline to grant a certificate, or may revoke certificate already granted where he is satisfied of the existence of the following causes or any of them:

(1) Where a money judgment has been entered against such commission merchant and upon which execution has been returned unsatisfied.

(2) Where false or improper charges have been imposed for handling or for services rendered.

(3) Where there has been a failure to account promptly and properly or where settlements have been made with intent to defraud, where there has been a failure to comply with any of the provisions or requirements of this act.

(4) Where there have been any false or misleading statements as to condition, quality or quantity of goods received or held for sale on commission when the same might be known on reasonable inspection. (5) Where there has been false or misleading statement or statements as to market conditions with intent to deceive.

(6) Where there has been combination or combinations to fix prices.

(7) Where the commission merchant directly or indirectly pur chases the goods for his own account without prior authority in writing therefor from the consignor; provided, however, this shall not apply to tobacco warehousemen, when the consignor is present in person at the sale of his tobacco, or represented by a duly authorized agent.

(8) When the certificate shall have been revoked in accordance with the provisions of this chapter, the commissioner of agriculture and immigration shall publish in a daily paper to be selected by him in the city of Richmond, Virginia, once a week for two successive weeks, the fact of such revocation and the cause therefor; and also in the next bulletin issued by the commissioner of agriculture. (1920, p. 531. In force June 18, 1920.)

Sec. 1264. Offenses; how punished.

Any person, firm, exchange, association or corporation who shall receive or offer to receive, sell, or offer to sell on commission, within the State, any kind of farm produce without a registered certificate, except as in this chapter permitted, or any person, who being a commission merchant in the farm produce shall (a) impose false or improper charges for handling, or for services in connection with farm produce, or (b) fail to account for such farm produce promptly and properly and to make settlement therefor, or shall make false or misleading statement or statements, as to market condition with intent to deceive, or (d) enter into any combination or combinations to fix prices, or (e) directly or indirectly purchases for his or its own account, goods received by him or it upon consignment without prior authority, in writing therefor from the consignor; provided, however, this shall not apply to tobacco warehousemen, when the consignor is present in person at the sale of his tobacco, or represented by a duly authorized agent; or (f) any such person handling, shipping, or selling farm produce who shall make false statements as to grade, condition, markings, quality or quantity of goods shipped, or packed in any manner, shall be guilty of a misdemeanor and shall be subject to a fine of not less than twenty-five dollars, or to exceed five hundred dollars, in the discretion of the court or jury trying the case. (1920, p. 531. In force June 18, 1920.)

Sec. 1265. Board of agriculture and immigration to adopt rules and regulations.

The board of agriculture and immigration of this State shall adopt all needful rules and regulations providing for the collection of all fees, forfeitures and fines hereunder and shall require the same to be depos ited in the treasury of the State, except where otherwise prescribed by law and to be drawn therefrom so far as may be necessary to pay the expenses of carrying out the provisions of the eight preceding sections. upon warrants on the auditor of public accounts, issued by the commissioner of agriculture and countersigned by the president of the said board, provided the said commissioner of agriculture, under the directions of said board, shall keep an itemized account of all such receipts and expenditures.

Any law now existing requiring the licensing and the payment of a fee by commission merchants before doing business in this State shall remain in force, the requirements of this chapter being in addition thereto.

(1920, p. 531. In force June 18, 1920.)

Sec. 1362. Accounts of tobacco 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. (1920, p. 591. In force June 18, 1920.)

Sec. 1363. Monthly reports to commissioner; results classified.

On or before the tenth day of each succeeding month the said warehouse proprietors shall make a statement, under oath, of all the tobacco so sold upon the floor of his warehouse during the past months and shall transmit the said statement, at once, to the commissioner of agriculture and immigration. 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. (1920, p. 591. In force June 18, 1920.)

Sec. 1364. Commissioner to keep record and publish in bulletin.

The commissioner of agriculture and immigration shall cause said statements 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 said 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 said reports to be published in the bulletin issued by the

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