Code of Virginia

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Code of Virginia
Title 61.1. Warehouses, Cold Storage and Refrigerated Locker Plants
Chapter 4. Tobacco Warehouses and Regulations in General
9/27/2021

Chapter 4. Tobacco Warehouses and Regulations in General.

§ 61.1-38. Establishment and discontinuance of warehouses.

Tobacco 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 warehouses, 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 warehouse 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.

Code 1950, § 61-95; 1968, c. 69.

§ 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 § 18.2-12.

Code 1950, § 61-108; 1968, c. 69.

§ 61.1-40. Accounts of warehouse sales required.

The proprietor of each and every leaf tobacco warehouse doing business in this Commonwealth shall keep a correct account of the number of pounds of leaf tobacco sold upon the floor of his warehouse daily.

Code 1950, § 61-109; 1968, c. 69.

§ 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 Consumer Services. 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.

Code 1950, § 61-110; 1968, c. 69.

§ 61.1-42. Commissioner to keep record and publish in bulletin.

The Commissioner of Agriculture and Consumer Services shall cause such statement 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 Commonwealth, 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 Consumer Services, and in one or more journals published in the interest of the growth, sale, and manufacture of tobacco in the Commonwealth, or having a large circulation therein.

Code 1950, § 61-111; 1968, c. 69.

§ 61.1-43. Penalty for failure to report sales.

Any warehouse failing 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 person suing for same.

Code 1950, § 61-112; 1968, c. 69.

§ 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 § 18.2-12.

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

Code 1950, § 61-136; 1968, c. 69.

§ 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 § 18.2-12.

Code 1950, § 61-137; 1968, c. 69.

§ 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.

Code 1950, § 61-141; 1968, c. 69.

§ 61.1-46.1. Maximum charges for tobacco auction warehouse services.

Notwithstanding any other provisions of law to the contrary, on and after July 1, 1970, no tobacco auction warehouse shall charge the grower for services rendered in the sale and handling of flue-cured tobacco any amount or sum in excess of the following:

(a) Warehouse charges: ten cents per 100 pounds or fraction thereof;

(b) Auction fee: twenty-five cents per basket and commission of 2 1/2 percent of the gross amount of each sale.

1970, c. 140.