Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Section 3.1-718 (Repealed effective October 1, 2008) Offenses and punishment therefor

§ 3.1-718. (Repealed effective October 1, 2008) Offenses and punishment therefor

Any person who shall assume or attempt to act as a commission merchant, as defined by this article, without license, or any person who being a commission merchant and duly licensed, or any person who shall violate any of the provisions of the subsections which follow in this section shall be guilty of a Class 1 misdemeanor:

(a) Impose false charges for handling or for services in connection with farm products;

(b) Fail to account promptly, correctly, fully and properly and to make settlement therefor as in this article provided;

(c) Make false and misleading statements as to market conditions with intent to deceive;

(d) Make fictitious sales or shall be guilty of collusion to defraud the consignor, or enter into any combination or combinations to fix prices;

(e) Directly or indirectly purchase for his or its own account, farm products, received by him or it on consignment without prior authority from the consignor in writing. This subsection shall not apply to tobacco warehousemen purchasing tobacco through competitive bidding during the time tobacco is being sold at auction nor the operators of livestock auction markets who are prohibited from purchasing consigned livestock under the federal Packers and Stockyards Act of 1921 (42 Stat. 159);

(f) Intentionally make false statements as to grade, condition, markings, quality or quantity of farm products shipped or packed in any manner;

(g) Reconsign such farm products as have been consigned to him to another person, either in the city or town in which the licensee is located, or to some other point within or without the Commonwealth, unless consent of the consignor has been first obtained and in writing, or notice given in writing to the consignor by the consignee that all or a part of such shipment was reconsigned;

(h) Sell such farm products consigned to him to another person owned or controlled by him, or in which such licensee may be interested financially or otherwise, either directly or indirectly, unless notice is given, in writing, to the consignor by the commission merchant that all or a part of such shipment was sold to a person in which he or it is financially interested;

(i) Be guilty of fraud or deception in the procurement of such license;

(j) Fail or neglect to give written notice immediately to the Commissioner and the surety on the bond of such commission merchant, of any changes or alterations in the style, name or personnel of the person to whom such license has been issued; or

(k) Fail to comply in every respect with the provisions of this article.

(Code 1950, § 3-560; 1966, c. 702; 1979, c. 389.)

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Last modified: April 2, 2009