Code of Virginia

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Code of Virginia
Title 61.1. Warehouses, Cold Storage and Refrigerated Locker Plants
Chapter 5. Prevention of Frauds in Sale of Leaf Tobacco
9/27/2021

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 warehouseman 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.

Code 1950, § 61-146; 1968, c. 69.

§ 61.1-48. Record and information required where tobacco delivered by person other than grower or landlord; exception.

Where leaf tobacco 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 association 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 cooperative marketing association the true name of the person from whom he obtained the tobacco, and the name of the grower thereof and the landlord. 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 previously been complied with.

Code 1950, § 61-147; 1968, c. 69.

§ 61.1-49. Ticket or card to be placed upon tobacco.

Such warehouseman 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.

Code 1950, § 61-148; 1968, c. 69.

§ 61.1-50. Tickets or cards open to inspection for ten days after delivery of tobacco.

All 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 place where such cards or tickets are kept for the purpose of such inspection.

Code 1950, § 61-149; 1968, c. 69.

§ 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 cooperative 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.

Code 1950, § 61-150; 1968, c. 69.

§ 61.1-52. Punishment for misdemeanor.

Any person guilty of a misdemeanor under the provisions of this chapter shall be punished as provided in § 18.2-12.

Code 1950, § 61-151; 1968, c. 69.

§ 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.

Code 1950, § 61-152; 1968, c. 69.

§ 61.1-54. Purpose of chapter.

The purpose of this chapter is to prevent frauds in the handling and sale of leaf tobacco.

Code 1950, § 61-153; 1968, c. 69.