Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Chapter 18 Tobacco

3.1-297 (Repealed effective October 1, 2008) Definitions
For the purpose of §§ 3.1-297 to 3.1-307 the terms: (a) "Tobacco in green order" means dark fire-cured tobacco in green order. (b) "Seller" means ...

3.1-298 (Repealed effective October 1, 2008) Director to establish grades of dark fire-cured tobacco in gre...
The Director, with the approval of the Commissioner, is empowered and directed to establish and promulgate from time to time official standard grades for dark ...

3.1-299 (Repealed effective October 1, 2008) Power of Director as to inspectors, graders and other employee...
The Director, with the approval of the Commissioner, is empowered and directed to appoint, superintend and control such inspectors or graders and other employees as ...

3.1-300 (Repealed effective October 1, 2008) Duty of Director as to inspection
The Director, with the approval of the Commissioner, is empowered and directed to enter and inspect personally or through any authorized agent each place within ...

3.1-301 (Repealed effective October 1, 2008) Fees for inspection
The Director, with the approval of the Commissioner, is empowered and directed to fix, assess and collect fees for inspecting or grading dark fire-cured tobacco ...

3.1-302 (Repealed effective October 1, 2008) Labeling piles or baskets
The Director, with the approval of the Commissioner, is empowered and directed to label each pile or basket of dark fire-cured tobacco in green order ...

3.1-303 (Repealed effective October 1, 2008) Sellers to pay fees and furnish basket tickets
The seller is required to pay the fees fixed under authority of § 3.1-301 and furnish necessary basket tickets, but he must not charge the ...

3.1-304 (Repealed effective October 1, 2008) Sellers must inform buyers of grade
The seller is required to make known to the buyer the grade of each pile or lot of dark fire-cured tobacco in green order as ...

3.1-305 (Repealed effective October 1, 2008) Who to label
Dark fire-cured tobacco in green order offered or exposed for sale shall not be labelled by any other person than a duly authorized inspector or ...

3.1-306 (Repealed effective October 1, 2008) Penalty
Any person, firm, association, or corporation who shall violate any of the foregoing provisions of this chapter shall be punished by a fine of not ...

3.1-307 (Repealed effective October 1, 2008) Prosecutions
The Director, with the approval of the Commissioner, is hereby empowered and directed to cause prosecutions for violations of the foregoing provisions of this chapter ...

3.1-308 (Repealed effective October 1, 2008) Definitions
As used in this article: "Board" means the Virginia Dark-Fired Tobacco Board. "Commission" means the Virginia Dark-Fired Tobacco Board. "Grower" means any person actually engaged ...

3.1-309 (Repealed effective October 1, 2008) Commission continued as Board; appointment and terms of member...
The Virginia Dark-Fired Tobacco Commission within the Department of Agriculture and Consumer Services is continued and shall hereafter be known as the Virginia Dark-Fired Tobacco ...

3.1-310 (Repealed effective October 1, 2008) Powers and duties of Board; secretary; employees
(a) All funds levied and collected under this article shall be administered by the Board. (b) It shall be the duty of the Board to ...

3.1-311 (Repealed effective October 1, 2008) Levy of tax
There is hereby levied on all Type 21 Dark-Fired Tobacco severed from the soil in Virginia, beginning with the crop of 1992, an excise tax, ...

3.1-312 (Repealed effective October 1, 2008) Payment of tax
The excise tax levied by this article shall be paid by each grower to the warehouse at which the tobacco is first sold at the ...

3.1-313 (Repealed effective October 1, 2008) Records to be kept by warehousemen
Each warehouse shall keep a complete record of the excise tax collected by it and shall preserve such record for a period of not less ...

3.1-314 (Repealed effective October 1, 2008) Interest on tax; collection
The tax imposed by this article and unpaid when due and payable and any funds collected by a warehouse and not remitted to the Board ...

3.1-315 (Repealed effective October 1, 2008) Virginia Dark-Fired Tobacco Promotion Fund; audit
All moneys levied and collected under the provisions of this article shall be credited on the Comptroller's books to a fund to be known as ...

3.1-316 (Repealed effective October 1, 2008) Expenditures from fund
All moneys collected under this article shall be expended by the Virginia Dark-Fired Tobacco Board by warrants of the Comptroller on the state treasury issued ...

3.1-317 (Repealed effective October 1, 2008) Violation of article a misdemeanor
It shall be a misdemeanor for any person knowingly to violate any provision of this article. (Code 1950, § 3-239.10; 1964, c. 306; 1966, c. ...

3.1-318 (Repealed effective October 1, 2008) Duty of law-enforcement officers
It shall be the duty of all state and county law-enforcement officers to assist in the enforcement of this article. (Code 1950, § 3-239.11; 1964, ...

3.1-319 (Repealed effective October 1, 2008) Definitions
As used in this article: "Board" means the Virginia Bright Flue-Cured Tobacco Board. "Commission" means the Virginia Bright Flue-Cured Tobacco Board. "Grower" means any person ...

3.1-320 (Repealed effective October 1, 2008) Virginia Bright Flue-Cured Tobacco Commission continued as Vir...
The Virginia Bright Flue-Cured Tobacco Commission within the Department of Agriculture and Consumer Services is continued and shall hereafter be known as the Virginia Bright ...

3.1-321 (Repealed effective October 1, 2008) Appointment and qualifications of members
The Governor shall appoint members from nominations made by the Flue-Cured Tobacco Committee of the Virginia Farm Bureau Federation and such other tobacco grower organizations ...

3.1-322 (Repealed effective October 1, 2008) Terms of members; chairman
The members of the Board shall serve for a term of four years, except that beginning with the first appointments one member shall be appointed ...

3.1-323 (Repealed effective October 1, 2008) Compensation and expenses of members
The members of the Board shall receive a per diem of ten dollars for each day spent in attendance on meetings of the Board and ...

3.1-324 (Repealed effective October 1, 2008) Administration of funds
All funds levied and collected under this article shall be administered by the Board. (Code 1950, § 3-245; 1966, c. 702.) ...

3.1-325 (Repealed effective October 1, 2008) Publicity, sales promotion and research; annual repor...
It shall be the duty of the Board to plan and conduct campaigns of education, advertising, publicity, sales promotion, and research for the purpose of ...

3.1-326 (Repealed effective October 1, 2008) Cooperation with other agricultural organizations
The Board shall have authority to cooperate with other state, regional and national agricultural organizations in research, advertising, publicity, education, and other means of promoting ...

3.1-327 (Repealed effective October 1, 2008) Secretary and other employees
The Board shall have authority to appoint a secretary and such other employees as may be necessary, at salaries to be fixed by the Board, ...

3.1-328 (Repealed effective October 1, 2008) Levy of excise tax
There is hereby levied on all bright flue-cured tobacco severed from the soil in Virginia, beginning with the crop of 1990, an excise tax, payable ...

3.1-329 (Repealed effective October 1, 2008) Time and manner of payment of excise tax
The excise tax levied by this article shall be paid by each grower to the warehouse or handler at which the tobacco is first sold ...

3.1-330 (Repealed effective October 1, 2008) Records of tax collected
Each warehouse or handler shall keep a complete record of the excise tax collected by it and shall preserve such record for a period of ...

3.1-331 (Repealed effective October 1, 2008) Collection of unpaid excise tax and interest thereon
The tax imposed by this article and unpaid when due and payable and any funds collected by a warehouse or handler and not remitted to ...

3.1-332 (Repealed effective October 1, 2008) Bright Flue-Cured Tobacco Promotion Fund; audit
All moneys levied and collected under the provisions of this article shall be credited on the Comptroller's books to a fund to be known as ...

3.1-333 (Repealed effective October 1, 2008) How moneys to be expended
All moneys collected under this article shall be expended by the Virginia Bright Flue-Cured Tobacco Board by warrants of the Comptroller on the State Treasurer ...

3.1-334 (Repealed effective October 1, 2008) Violation a misdemeanor
It shall be a misdemeanor for any person knowingly to violate any provision of this article. (Code 1950, § 3-255; 1966, c. 702.) ...

3.1-335 (Repealed effective October 1, 2008) State and county officers to assist in enforcement
It shall be the duty of all state and county law-enforcement officers to assist in the enforcement of this article. (Code 1950, § 3-256; 1966, ...

3.1-336 (Repealed effective October 1, 2008) Act conditionally providing for Virginia Tobacco Commission, e...
Chapter 184 of the Acts of 1936, approved March 13, 1936, codified as §§ 1399(2)-1399(26) of Michie Code 1942, conditionally providing for a Virginia Tobacco ...

3.1-336.1 (Repealed effective October 1, 2008) Definitions
As used in this article: "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the ...

3.1-336.2 (Repealed effective October 1, 2008) Requirements on tobacco product manufacturers; escrow of funds...
A. Any tobacco product manufacturer selling cigarettes to consumers within the Commonwealth, whether directly or through a distributor, retailer or similar intermediary or intermediaries, after ...

3.1-336.2:1 (Repealed effective October 1, 2008) Assignment to the Commonwealth of rights to tobacco manufactur...
Notwithstanding the provisions of subsection B of § 3.1-336.2, a tobacco product manufacturer who elects to place funds into escrow pursuant to subdivision A 2 ...

3.1-336.2:2 (Repealed effective October 1, 2008) Withdrawal of escrow funds assigned and contributed to the Com...
Notwithstanding the provisions of subsection B of § 3.1-336.2, any escrow funds assigned and contributed to the Commonwealth pursuant to § 3.1-336.2:1, less the aggregate ...

3.1-336.3 (Repealed effective October 1, 2008) Definitions
As used in this article: "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of ...

3.1-336.4 (Repealed effective October 1, 2008) Certifications
A. Every tobacco product manufacturer whose cigarettes are sold in the Commonwealth whether directly or through a distributor, retailer or similar intermediary or intermediaries shall ...

3.1-336.5 (Repealed effective October 1, 2008) Directory of cigarettes approved for stamping and sal...
A. Not later than October 1, 2003, the Attorney General shall develop and publish on its website a directory listing all tobacco product manufacturers that ...

3.1-336.5:1 (Repealed effective October 1, 2008) Bond requirement for newly qualified and elevated-risk nonpart...
A. Notwithstanding any other provision of law, if a newly qualified nonparticipating manufacturer is to be listed in the Virginia Tobacco Directory (the Directory), or ...

3.1-336.6 (Repealed effective October 1, 2008) Prohibition against stamping or sale or import of cigarettes n...
It shall be unlawful for any person (i) to affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer ...

3.1-336.7 (Repealed effective October 1, 2008) Agent for service of process
A. Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the Commonwealth as a foreign corporation or business entity shall, ...

3.1-336.7:1 (Repealed effective October 1, 2008) Joint and several liability.
For each nonparticipating manufacturer located outside the United States, each importer into the United States of any such nonparticipating manufacturer's brand families that are sold ...

3.1-336.8 (Repealed effective October 1, 2008) Reporting of information
A. Not later than 20 days after the end of each calendar quarter, and more frequently if so directed by the Commissioner, each stamping agent ...

3.1-336.8:1 (Repealed effective October 1, 2008) Additional information required.
A. When used in this section, the term "applicable returns" means the following returns or reports relating to cigarettes that are filed or required to ...

3.1-336.9 (Repealed effective October 1, 2008) Escrow fund information
The Attorney General at any time may require a nonparticipating manufacturer to provide proof from the financial institution in which such manufacturer has established a ...

3.1-336.9:1 (Repealed effective October 1, 2008) Quarterly escrow payments by certain nonparticipating manufact...
A. Notwithstanding the provisions of § 3.1-336.2, on and after January 1, 2007, the Attorney General may require a nonparticipating manufacturer that is a new ...

3.1-336.10 (Repealed effective October 1, 2008) Penalties and other remedies
A. In addition to any other civil or criminal penalty or remedy provided by law, upon a determination that any person has violated § 3.1-336.6 ...

3.1-336.11 (Repealed effective October 1, 2008) Notice and review of determination
A determination of the Attorney General to not list or to remove from the Directory a brand family or tobacco product manufacturer shall be subject ...

3.1-336.12 (Repealed effective October 1, 2008) Promulgation of regulations
The Commissioner may promulgate regulations necessary to assist him in performing his duties prescribed by this article. (2003, c. 798.) ...

3.1-336.13 (Repealed effective October 1, 2008) Submission to jurisdiction of the Commonwealth; pleadings in E...
A. Any tobacco product manufacturer that produces cigarettes sold or offered for sale into or within the Commonwealth shall be deemed to have submitted to ...

3.1-336.13:1 (Repealed effective October 1, 2008) Authority of Attorney General; audit and investigation...
The Attorney General or his authorized representative shall have the authority to: 1. Conduct audits and investigations of (i) a nonparticipating manufacturer and its importers ...

3.1-336.14 (Repealed effective October 1, 2008) Recovery of costs and fees by Attorney General
In any action brought by the Commonwealth to enforce this article or Article 5 (§ 3.1-336.1 et seq.) of this chapter in which the Commonwealth ...

3.1-336.15 (Repealed effective October 1, 2008) Disgorgement of profits for violations
If a court determines that a person has violated this article, the court shall order any profits, gain, gross receipts or other benefit from the ...

3.1-336.15:1 (Repealed effective October 1, 2008) Presumption.
In any action under subsection C of § 3.1-336.2, reports of numbers of cigarettes stamped submitted to the Attorney General pursuant to subsection A of ...

3.1-336.16 (Repealed effective October 1, 2008) Conflicts
If a court of competent jurisdiction finds that the provisions of this article and of Article 5 (§ 3.1-336.1 et seq.) of this chapter conflict ...