Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Section 3.1-430 (Repealed effective October 1, 2008) Powers in general

§ 3.1-430. (Repealed effective October 1, 2008) Powers in general

The Commission is declared to be an instrumentality of the Commonwealth, vested with the power:

(a) Cooperation with other authorities. - To confer and cooperate with the legally constituted authorities of other states and of the United States, with a view of securing a uniformity of milk control, with respect to milk coming into the Commonwealth and going out of the Commonwealth in interstate commerce, with a view of accomplishing the purposes of this article and to enter into a compact or compacts for such uniform system of milk control.

(b) Investigations. - To investigate all matters pertaining to the production, processing, storage, transportation, distribution and sale of milk in the Commonwealth.

(c) Supervision and control. - To supervise, regulate, and control the production, transportation, processing, storage, distribution, delivery and sale of milk for consumption within the Commonwealth.

(d) Acting as mediator. - To act as mediator or arbiter in any controversial issue that may arise among or between milk producers and distributors, as between themselves, or that may arise between them as groups.

(e) Examination of accounts; subpoenas. - To examine into the business, books, and accounts of any milk producer, association of producers, or milk distributors, their affiliates or subsidiaries; to issue subpoenas to milk producers, associations of producers, and milk distributors, and to require them to produce their records, books and accounts; to subpoena any other person from whom information is desired.

(f) Depositions and administration of oaths. - To take depositions of witnesses within, or without, the Commonwealth. Any member of the Commission, or any employee designated by the Commission, may administer oaths to witnesses and sign and issue subpoenas.

(g) Rules, regulations and orders. - To make, adopt and enforce all rules, regulations or orders necessary to carry out the purposes of this article. Every rule or order of the Commission shall be posted for inspection in the main office of the Commission, and a certified copy filed in the office of the Commissioner of Agriculture. An order, applying only to a person or persons named therein, shall be served on the person or persons affected. An order, herein required to be served, shall be served by personal delivery of a certified copy, or by mailing a certified copy in a sealed envelope, with postage prepaid, to each person affected thereby; or, in the case of a corporation, to any officer or agent of the corporation upon whom legal process may be served. The posting in the main office of the Commission of any rule and of any order, not herein required to be served, and such filing in the office of the Commissioner of Agriculture, shall constitute due and sufficient notice to all persons affected by such rule or order.

(Code 1950, § 3-352; 1966, c. 702.)

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Last modified: April 2, 2009