dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-913. Proof of payment of death taxes to state of domicile.
At any time before the expiration of eighteen months after the qualification in this Commonwealth of any executor of the will or administrator of the estate of any nonresident decedent, such executor or administrator shall file with the clerk of the court in which he qualified proof that all death taxes, together with interest or penalties thereon, which are due to the state of domicile of such decedent, or to any political subdivision thereof, have been paid or secured or that no such taxes, interest or penalties are due, unless it appears that letters have been issued in the state of domicile. Such proof may be in the form of a certificate issued by the official or body charged with the administration of the death tax laws of the domiciliary state.

Code 1950, §§ 58-238.17, 58-238.18; 1978, c. 838; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-914. Notice to domiciliary state if proof not filed.
If such proof is not filed within the time limit set out in § 58.1-913, then the clerk of the court shall forthwith notify by mail the official or body of the domiciliary state charged with the administration of the death tax laws thereof with respect to such estate and shall state in such notice so far as is known to him:

1. The name, date of death and last domicile of such decedent;

2. The name and address of each executor or administrator;

3. A summary of the values of the real estate, tangible personalty and intangible personalty, wherever situated, belonging to such decedent at the time of his death; and

4. The fact that such executor or administrator has not filed the proof required in § 58.1-913.

The clerk shall attach to such notice a plain copy of the will and codicils of the decedent, if he died testate, or, if he died intestate, a list of his heirs and next of kin, so far as is known to the clerk.

Code 1950, § 58-238.19; 1978, c. 838; 1979, c. 559; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-915. Petition of domiciliary state for accounting.
Within sixty days after the mailing of such notice, the official or body charged with the administration of the death tax laws of the domiciliary state may file with such court in this Commonwealth a petition for an accounting in such estate. Such official body of the domiciliary state shall, for the purpose of this article, be a party interested for the purpose of petitioning the court for such accounting. If such petition be filed within the period of sixty days, the court shall decree such accounting and upon such accounting being filed and approved shall decree the remission of the fiduciary appointed by the domiciliary probate court of the balance of the intangible personalty after the payment of creditors and expenses of administration in the Commonwealth.

Code 1950, § 58-238.20; 1978, c. 838; 1984, c. 675.
Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-916. Final accounting not granted without compliance.
Unless the provisions of either § 58.1-914 or § 58.1-915 have been complied with, no such executor or administrator shall be entitled to a final accounting or discharge in any court in this Commonwealth.

Code 1950, § 58-238.21; 1978, c. 838; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-917. To what nonresident estates article applies.
The provisions of this article shall apply to the estate of any nonresident decedent if the laws of the state of his domicile contain a provision, of any nature or however expressed, whereby this Commonwealth is given reasonable assurance of the collection of its inheritance or death taxes, interest and penalties, from the estates of decedents dying domiciled in this Commonwealth when the estates of such decedents are being administered by the probate courts of such other state, or if the state of domicile does not grant letters in nonresident estates until after letters have been issued by the state of domicile.

Code 1950, § 58-238.22; 1978, c. 838; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-918. How article construed.
The provisions of this article shall be liberally construed in order to ensure that the state of domicile of any decedent shall receive any death taxes, together with interest and penalties thereon, due to it.

Code 1950, § 58-238.23; 1978, c. 838; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-919. Meaning of "state.".
For the purpose of this article the word "state" shall be construed to include any territory of the United States, the District of Columbia and any foreign country.

Code 1950, § 58-238.24; 1978, c. 838; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-920. Title of article.
This article shall be known and may be cited as the "Uniform Act on Interstate Compromise and Arbitration of Death Taxes."

Code 1950, § 58-238.25; 1978, c. 838; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-921. Interpretation.
This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Code 1950, § 58-238.26; 1978, c. 838; 1984, c. 675.
Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-922. Dispute as to domicile; compromise agreement.
When the Tax Commissioner claims that a decedent was domiciled in this Commonwealth at the time of his death and the taxing authorities of other states make a like claim on behalf of their states, the Commissioner may make a written agreement of compromise with the other taxing authorities and the executor or administrator of such decedent that a certain sum shall be accepted in full satisfaction of any death taxes imposed by this Commonwealth, including any interest or penalties to the date of signing of the agreement. The agreement shall also fix the amount to be accepted by the other states in full satisfaction of death taxes. The executor or administrator of such decedent is hereby authorized to make such agreement. Unless the tax so agreed upon is paid within sixty days after the signing of such agreement, interest or penalties shall accrue upon the amount fixed in the agreement, but the time between the decedent's death and the signing of such agreement shall not be included in computing the interest or penalties.

Code 1950, § 58-238.27; 1978, c. 838; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-923. Arbitration agreement; board of arbitrators.
When the Tax Commissioner claims that a decedent was domiciled in this Commonwealth at the time of his death and the taxing authorities of another state make a like claim on behalf of their state, the Commissioner may with the approval of the Attorney General make a written agreement with the other taxing authorities and with the executor or administrator of the decedent to submit the controversy to the decision of a board consisting of one or any uneven number of arbitrators. The executor or administrator of such decedent is hereby authorized to make the agreement. The parties to the agreement shall select the arbitrator or arbitrators.

Code 1950, § 58-238.28; 1978, c. 838; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-924. Hearings by board; testimony and witnesses; production of documents.
The board shall hold hearings at such times and places as it may determine, upon reasonable notice to the parties to the agreement, all of whom shall be entitled to be heard, to present evidence and to examine and cross-examine witnesses.

The board shall have power to administer oaths, take testimony, subpoena and require the attendance of witnesses and the production of books, papers and documents, and issue commissions to take testimony. Subpoenas may be signed by any member of the board. In case of failure to obey a subpoena, any judge of a court of record of this Commonwealth, upon application by the board, may make an order requiring compliance with the subpoena, and the court may punish failure to obey the order as a contempt. All questions arising in the course of the proceedings, other than the issuance of subpoenas, shall be decided by a majority vote of the board.

Code 1950, §§ 58-238.19, 58-238.31; 1978, c. 838; 1984, c. 675.
Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-925. Determination of domicile of decedent.
The board shall determine the domicile of the decedent at the time of his death. This determination shall be final for purposes of imposing and collecting death taxes but for no other purpose.

Code 1950, § 58-238.30; 1978, c. 838; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-926. Record of proceedings, agreement, etc., to be filed with taxing authorities.
The Tax Commissioner, the board or the executor or administrator of such decedent shall file the determination of the board as to domicile, the record of the board's proceedings, and the agreement or a duplicate, made pursuant to § 58.1-923, with the authority having jurisdiction to assess or determine the death taxes in the state determined by the board to be the domicile of the decedent and shall file copies of such documents with the authorities that would have been empowered to assess or determine the death taxes in each of the other states involved.

Code 1950, § 58-238.32; 1978, c. 838; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-927. When penalties and interest not imposed.
In any case where it is determined by the board that the decedent died domiciled in Virginia, interest or penalties, if otherwise imposed by law, for nonpayment of death taxes shall not be imposed between the date of the agreement and of filing the determination of the board as to domicile.

Code 1950, § 58-238.33; 1978, c. 838; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-928. Nothing in article to prevent compromise.
Nothing contained in this article shall prevent at any time a written compromise, if otherwise lawful, by all parties to the agreement made pursuant to § 58.1-923 fixing the amounts to be accepted by this and any other state involved, in full satisfaction of death taxes.

Code 1950, § 58-238.34; 1978, c. 838; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-929. Compensation and expenses of board members and employees.
The compensation and expenses of the members of the board and its employees may be agreed upon by such members and the executor or administrator and if they cannot agree shall be fixed by any court having jurisdiction over probate matters of the state determined by the board to be the domicile of the decedent. The amounts so agreed upon or fixed shall be deemed an administration expense and shall be payable by the executor or administrator.

Code 1950, § 58-238.35; 1978, c. 838; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-930. Reciprocal application of arbitration provisions.
The provisions of this article relative to arbitration shall apply only to cases in which and so far as each of the states involved has a law identical or substantially similar to this article.

Code 1950, § 58-238.36; 1978, c. 838; 1984, c. 675.
Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-931. Imposition of tax.
A. When the gross estate of a decedent at the date of death is of such value as to require filing a federal estate tax return and such estate contains certain farm or business real property which qualified for valuation under § 2032A of the Internal Revenue Code, and such property has been valued in the manner provided in § 2032A for the tax imposed under this chapter, a copy of the election made at the time of filing the federal estate tax return shall be attached to the Virginia estate tax return when filed. Such return shall also include an agreement signed by each person in being having an interest, whether or not in possession, in such property and consent to the application of § 2032A of the Internal Revenue Code.

B. If, within fifteen years after the decedent's death and before the death of the qualified heir, as defined in § 2032A(e)(1) of the Internal Revenue Code, a qualified heir disposes of any interest in the property, other than to a member of his family, as defined in subsection (e)(2) of such section, or ceases to use such property for qualified uses as defined in subsection (b) (2) of such section, there is hereby imposed an additional Virginia estate tax, computed as provided in subsection (c) of § 2032A of the Internal Revenue Code.

Code 1950, § 58-238.38; 1981, c. 399; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-932. Qualified heir personally liable.
The qualified heir shall be personally liable for the additional tax imposed under § 58.1-931. The amount of the adjusted tax difference attributable to an interest in any qualified property, computed in the same manner as provided in subsection (c)(2)(C) of § 2032A of the Internal Revenue Code, shall be a lien on such interest in the property in favor of the Commonwealth. Such lien shall arise at the time the election is filed hereunder and shall continue until:

1. The liability for tax under § 58.1-931 attributable to such interest has been satisfied or has become unenforceable by lapse of time; or

2. It is established to the satisfaction of the Commissioner that no further tax liability attributable to such interest may arise under § 58.1-931.

Code 1950, § 58-238.38; 1981, c. 399; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-933. Notice of disposition or change in use of property.
Any qualified heir is required to notify the Commissioner, on a form prescribed by the Commissioner, of any disposition or change in use of the property and pay any additional Virginia estate tax resulting from such disposition or change, within six months of such disposition or change. Notwithstanding any other provision of law prescribing limitations, any tax imposed under § 58.1-931 may be assessed until the expiration of three years from the date of such notification.

Code 1950, § 58-238.38; 1981, c. 399; 1984, c. 675.
Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-934. Purpose.
The purpose of this article is to recapture the excess of the estate tax liability which would have been incurred had the special use valuation procedure not been used; in other words, the maximum additional recapture tax is the amount that the special valuation has saved the estate.

Code 1950, § 58-238.38; 1981, c. 399; 1984, c. 675.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-935. Definitions.
A. Terms, phrases, and words used in this article, except for those defined in subsection B of this section, shall be defined as they are defined under Chapter 13 of subchapter B of the Internal Revenue Code of 1954, as amended.

B. As used in this article the term or phrase:

"Federal generation skipping transfer tax" means the tax imposed by Chapter 13 of subchapter A of the Internal Revenue Code of 1954, as amended.

"Generation skipping transfer" includes every transfer subject to the tax imposed under Chapter 13 of subchapter A of the Internal Revenue Code of 1954, as amended, where the original transferor is a resident of the Commonwealth of Virginia at the date of original transfer, or the property transferred is real or personal property having a situs in Virginia.

"Original transferor" means any grantor, donor, trustor, or testator who by grant, gift, trust or will makes a transfer of real or personal property that results in a federal generation skipping transfer tax under applicable provisions of the Internal Revenue Code.

Code 1950, § 58-238.37; 1979, c. 559; 1984, c. 675.
Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-936. Imposition of tax.
A. A tax is hereby imposed upon every generation skipping transfer, where the original transferor is a resident of the Commonwealth of Virginia at the date of original transfer, in an amount equal to the amount allowable as credit for state legacy taxes under § 2604 of the Internal Revenue Code, to the extent such credit exceeds the aggregate amount of all taxes on the same transfer actually paid to the several states of the United States, other than the Commonwealth of Virginia.

B. A tax is hereby imposed upon every generation skipping transfer where the original transferor is not a resident of Virginia at the date of the original transfer, but where the generation skipping transfer includes real or personal property having a situs in Virginia, in an amount equal to the amount allowable as a credit for state legacy taxes under § 2604 of the Internal Revenue Code, reduced by an amount which bears the same ratio to the total state tax credit allowable for federal generation skipping transfer tax purposes as the value of the transferred property taxable by all other states bears to the value of the gross generation skipping transfer for federal generation skipping transfer tax purposes. In any case in which a tax is imposed on a generation skipping transfer by Virginia and by one or more other states or the District of Columbia, the Commissioner shall negotiate with the taxing authorities of such other state, states, or District of Columbia so that the aggregate amount of taxes imposed by Virginia and such other state, states or the District of Columbia on a generation skipping transfer does not exceed 100 percent of the amount allowable as credit for state legacy taxes under § 2604 of the Internal Revenue Code.

Code 1950, § 58-238.37; 1979, c. 559; 1984, c. 675; 1987, c. 484.

Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-937. Filing of return; payment of tax.
A. Every person required to file a return reporting a generation skipping transfer under applicable federal statutes and regulations shall file a return with the Department on or before the last day prescribed for filing the federal return. For purposes of this article the requirements for filing a return shall be satisfied by filing a duplicate copy of the federal return.

B. The tax imposed by this section shall be due upon a taxable distribution or taxable termination as determined under applicable provisions of the federal generation skipping transfer tax. The person liable for payment of the federal generation skipping transfer tax shall be liable for the tax imposed by this article. Such tax shall be paid to the Department on or before the last day allowed for filing a return hereunder. Interest computed as provided in § 58.1-15 shall accrue on the amount of unpaid tax from the day after such last day until paid.

Code 1950, § 58-238.37; 1979, c. 559; 1984, c. 675.
Code of Virginia — Title 58.1 (Taxation), Chapter 9 (VIRGINIA ESTATE TAX)
§ 58.1-938. Amended return; additional tax.
If, after the filing of a duplicate federal generation skipping tax return, the federal authorities increase or decrease the amount of the federal generation skipping transfer tax, an amended return shall be filed with the Department showing all changes made in the original return and the amount of increase or decrease in the federal generation skipping transfer tax.

If, based upon such deficiency and the ground therefor, it appears that the amount of tax previously paid is less than the amount of tax owing, the difference together with interest, as computed under § 58.1-15, shall be paid upon notice and demand by the Department. In the event that the person required to file a return and pay such tax fails to file the return required by this section, any additional tax which is owing may be assessed, or a proceeding in court for such tax may be begun without assessment, at any time prior to the filing of such return or within thirty days after the delinquent filing of such return, notwithstanding any other provision of law.

Code 1950, § 58-238.37; 1979, c. 559; 1984, c. 675.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1 (FAIR TRADE ACT [Repealed])
§ 59.1-1. Repealed.
Repealed by Acts 1976, c. 10.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1.1 (VIRGINIA ANTITRUST ACT)
§ 59.1-9.1. Short title.
This chapter may be known and cited as the "Virginia Antitrust Act."

1974, c. 545.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1.1 (VIRGINIA ANTITRUST ACT)
§ 59.1-9.11. Penalty for flagrant violations.
In any action or proceeding brought under subsection A of § 59.1-9.15 the court may assess for the benefit of the Commonwealth a civil penalty of not more than $100,000 for each willful or flagrant violation of this chapter. No civil penalty shall be imposed in connection with any violation for which any fine or penalty is imposed pursuant to federal law.

1974, c. 545; 2023, c. 522.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1.1 (VIRGINIA ANTITRUST ACT)
§ 59.1-9.12. Personal suit for injunction or actual damages.
A. Any person threatened with injury or damage to his business or property by reason of a violation of this chapter may institute an action or proceeding for injunctive relief, disgorgement, and other forms of equitable monetary relief as the court deems appropriate when and under the same conditions and principles as injunctive relief is granted in other cases.

B. Any person injured in his business or property by reason of a violation of this chapter may recover the actual damages sustained, and, as determined by the court, the costs of suit and reasonable attorney fees. If the trier of facts finds that the violation is willful or flagrant, it may increase damages to an amount not in excess of three times the actual damages sustained.

1974, c. 545; 2023, c. 522.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1.1 (VIRGINIA ANTITRUST ACT)
§ 59.1-9.13. Effect of conviction in other proceedings.
A final judgment or decree to the effect that a defendant has violated this chapter, other than a consent judgment or decree entered before any testimony has been taken, in an action or proceeding brought under subsection A of § 59.1-9.15 is prima facie evidence against that defendant in any other action or proceeding against him brought under § 59.1-9.12 or subsection B of § 59.1-9.15 as to all matters with respect to which the judgment or decree would be an estoppel between the parties thereto.

1974, c. 545; 2023, c. 522.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1.1 (VIRGINIA ANTITRUST ACT)
§ 59.1-9.14. Limitation of actions.
A. An action under subsection A of § 59.1-9.15 to recover a civil penalty is barred if it is not commenced within four years after the cause of action accrues.

B. An action under subsection B of § 59.1-9.12 or subsection B of § 59.1-9.15 to recover damages is barred if it is not commenced within four years after the cause of action accrues, or within one year after the conclusion of any action or proceeding under subsection A of § 59.1-9.15 commenced within or before that time based in whole or in part on any matter complained of in the action for damages, whichever is later.

1974, c. 545; 2023, c. 522.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1.1 (VIRGINIA ANTITRUST ACT)
§ 59.1-9.15. Actions on behalf of Commonwealth or localities; injunctive and other equitable relief; damages.
A. The Attorney General on behalf of the Commonwealth, or the attorney for the Commonwealth or county attorney on behalf of a county, or the city attorney on behalf of a city, or the town attorney on behalf of a town may institute actions and proceedings for injunctive relief, disgorgement, and other forms of equitable monetary relief as the court deems appropriate, and civil penalties for violations of this chapter. In any such action or proceeding in which the plaintiff substantially prevails, the court may award the cost of suit, including reasonable attorney fees, to such plaintiff.

B. The Commonwealth, a political subdivision thereof, or any public agency injured in its business or property by reason of a violation of this chapter, may recover the actual damages sustained, reasonable attorney fees and the costs of suit. If the trier of facts finds that the violation is willful or flagrant, it may increase damages to an amount not in excess of three times the actual damages sustained.

C. The Attorney General in acting under subsection (a) or (b) of this section may also bring such action on behalf of any political subdivision of the Commonwealth, provided that the Attorney General shall notify each such subdivision of the pendency of the action and give such subdivision the option of exclusion from the action.

D. The Attorney General may bring a civil action to recover damages and secure other relief as provided by this chapter as parens patriae respecting injury to the general economy of the Commonwealth.

1974, c. 545; 1982, c. 60; 1988, c. 589; 2023, c. 522.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1.1 (VIRGINIA ANTITRUST ACT)
§ 59.1-9.16. Remedies cumulative.
The remedies in this chapter are cumulative.

1974, c. 545.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1.1 (VIRGINIA ANTITRUST ACT)
§ 59.1-9.17. Construction of chapter.
This chapter shall be applied and construed to effectuate its general purposes in harmony with judicial interpretation of comparable federal statutory provisions.

1974, c. 545.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1.1 (VIRGINIA ANTITRUST ACT)
§ 59.1-9.18. Repealed.
Repealed by Acts 2015, c. 709, cl. 2.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1.1 (VIRGINIA ANTITRUST ACT)
§ 59.1-9.2. Purpose of chapter.
The purpose of this chapter is to promote the free market system in the economy of this Commonwealth by prohibiting restraints of trade and monopolistic practices that act or tend to act to decrease competition. This chapter shall be construed in accordance with the legislative purpose to implement fully the Commonwealth's police power to regulate commerce.

1974, c. 545.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1.1 (VIRGINIA ANTITRUST ACT)
§ 59.1-9.3. Definitions.
When used in this chapter, unless the context requires a different meaning:

"Commodity" includes any kind of real or personal property.

"Person" includes any natural person; any trust or association of persons, formal or otherwise; or any corporation, partnership, company, or other legal or commercial entity.

"Service" includes any activity that is performed in whole or in part for the purpose of financial gain, including personal service, rental, leasing, or licensing for use.

"Trade or commerce," "trade," or "commerce" includes all economic activity involving or relating to any commodity, service, or business activity.

1974, c. 545; 2023, c. 522.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1.1 (VIRGINIA ANTITRUST ACT)
§ 59.1-9.4. Certain activities not prohibited.
A. No provision of this chapter shall be construed to make illegal:

1. The activities of any labor or professional organization or of individual members thereof that are directed solely to labor or professional objectives legitimate under the laws of the Commonwealth or the United States.

2. The activities of any agricultural or horticultural cooperative organization, or of individual members thereof, to the extent necessary to achieve the aims of the enacted laws of either the Commonwealth or the United States.

3. The bona fide religious and charitable activities of any nonprofit corporation, trust or organization established exclusively for religious or charitable purposes.

B. Nothing contained in this chapter shall make unlawful conduct that is authorized, regulated or approved (i) by a statute of the Commonwealth or (ii) by an administrative or constitutionally established agency of the Commonwealth or of the United States having jurisdiction of the subject matter and having authority to consider the anticompetitive effect, if any, of such conduct. Nothing in this subsection shall be construed to alter or terminate any other applicable limitation, exemption or exclusion.

1974, c. 545; 1979, c. 640; 2018, c. 574.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1.1 (VIRGINIA ANTITRUST ACT)
§ 59.1-9.5. Contracts, etc., in restraint of trade unlawful.
Every contract, combination or conspiracy in restraint of trade or commerce of this Commonwealth is unlawful.

1974, c. 545.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1.1 (VIRGINIA ANTITRUST ACT)
§ 59.1-9.6. Monopolies unlawful.
Every conspiracy, combination, or attempt to monopolize, or monopolization of, trade or commerce of this Commonwealth is unlawful.

1974, c. 545.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1.1 (VIRGINIA ANTITRUST ACT)
§ 59.1-9.8. Forum; restraining orders and injunctions; penalties.
Actions and proceedings for violations of this chapter shall be brought in the circuit courts of this Commonwealth. Those courts may issue temporary restraining orders and injunctions to prevent and restrain violations of this chapter, and may award the damages and impose the civil penalties provided herein. They may also grant mandatory injunctions reasonably necessary to eliminate violations of this chapter.

1974, c. 545.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 1.1 (VIRGINIA ANTITRUST ACT)
§ 59.1-9.9. Venue.
The venue for all actions and proceedings for violations of this chapter shall be as specified below in this section.

The circuit court of the county or city wherein any defendant: (i) resides; or (ii) regularly or systematically conducts affairs or business activity; or (iii) has property that may be affected by the action or proceeding. Provided, however, that if said defendant does not, as specified in (i), (ii) and (iii) above, reside in, conduct affairs or business activity in, or have such property in the Commonwealth, then the action or proceeding may be brought in the circuit court of the county or city in which the registered office of said defendant is located or wherein the alleged violation occurred.

1974, c. 545; 1975, c. 289.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 10 (EXPLOSIVES)
§ 59.1-137. Definition.
Whenever used in this chapter:

"Explosives" means any chemical compound, mechanical mixture or device the primary or common purpose of which is to function by explosion. The term includes, but is not limited to dynamite and other high explosives, black blasting powder, pellet powder, initiating explosives, blasting caps, electric blasting caps, detonators, safety fuse, fuse igniters, fuse lighters, squibs, cordeau detonant fuse, instantaneous fuse, detonating cord, igniter cord, igniters and those materials included in the list published annually in the Federal Register by the Department of the Treasury pursuant to the Organized Crime Control Act of 1970 (18 U.S.C. § 841 et seq.).

Code 1950, § 59-222; 1960, c. 578; 1968, c. 439; 1976, c. 250.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 10 (EXPLOSIVES)
§ 59.1-138. Record of sales required; signing by purchasers; sales to persons under eighteen prohibited.
(a) Any person selling any explosives covered by this chapter shall keep a record of all such explosives sold, showing the kind and quantity sold, the name and address of the purchaser, and the date of each sale. The person selling such explosives shall also require any person purchasing such explosives to sign such record at the time of such purchase.

(b) No person shall sell, deliver, give away, or otherwise dispose of any explosives to any individual under eighteen years of age, whether such individual is acting for himself, herself, or for any other person.

Code 1950, § 59-223; 1960, c. 578; 1968, c. 439; 1972, c. 824.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 10 (EXPLOSIVES)
§ 59.1-139. Persons possessing explosives to give notice of theft.
Any person having in his possession any explosives covered by this chapter shall immediately notify the sheriff of the county or the police officials of the city in which any such explosives are being stored or used in the event that any such explosives are stolen.

Code 1950, § 59-224; 1960, c. 578; 1968, c. 439.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 10 (EXPLOSIVES)
§ 59.1-140. Effect of chapter upon municipal regulation.
Nothing contained in this chapter shall:

Affect any existing ordinance, rule or regulation of any city or municipality in this Commonwealth that is not less restrictive than this chapter; or affect, modify or limit the power of such cities or municipalities to make ordinances, rules or regulations not less restrictive than this chapter, governing the storage, possession, sale and use of explosives within their respective corporate limits.

Code 1950, § 59-225; 1960, c. 578; 1968, c. 439.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 10 (EXPLOSIVES)
§ 59.1-141. Penalty.
Any person who violates any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be punished accordingly.

Code 1950, § 59-226; 1960, c. 578; 1968, c. 439.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 11 (FIREWORKS [Repealed])
§ 59.1-142. Repealed.
Repealed by Acts 2002, c. 856, effective July 1, 2002.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 11.1 (FIREARMS)
§ 59.1-148.1. Repealed.
Repealed by Acts 2004, c. 929.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 11.1 (FIREARMS)
§ 59.1-148.4. Sale of firearms by law-enforcement agencies prohibited; exception.
A law-enforcement agency of this Commonwealth shall not sell or trade any firearm owned and used or otherwise lawfully in its possession except (i) to another law-enforcement agency of the Commonwealth, (ii) to a licensed firearms dealer, (iii) to the persons as provided in § 59.1-148.3 or (iv) as authorized by a court in accordance with § 19.2-386.29.

1994, c. 467; 2004, c. 995.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-149. Definitions.
As used in this chapter:

"Commissioner" means the Commissioner of Agriculture and Consumer Services or his designated representative.

"Gasoline" shall be construed to include naphtha, benzine and other like liquids and fluids derived from petroleum or other sources and used, or intended to be used, for power purposes, except kerosene.

"Lubricating oil" means lubricating oils used in internal combustion engines.

"Motor fuel" means any liquid or gaseous matter used for the generation of power in an internal combustion engine.

Code 1950, § 59-41; 1968, c. 439; 1992, c. 885; 2009, c. 650.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-150. Motor fuel subject to inspection and testing.
All motor fuel used, intended to be used, sold or offered for sale or distribution in this Commonwealth, shall be subject to inspection and testing for (i) the purpose of preventing adulteration, misbranding, deception or fraud in the sale thereof or (ii) for any other purpose of assuring compliance with any requirement of this chapter or regulation adopted thereunder.

Code 1950, § 59-42; 1968, c. 439; 1992, c. 885.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-151. Statements to be filed by manufacturers, wholesalers and jobbers.
All manufacturers, wholesalers, and jobbers, before selling or offering for sale in this Commonwealth any motor fuel for the purposes above defined, shall file with the Commissioner a statement that they desire to do business in this Commonwealth, and furnish the brand name, trade name, or trademark of the motor fuel which they desire to sell.

Code 1950, § 59-43; 1968, c. 439; 1992, c. 885; 2009, c. 650.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-152. Collection and analysis of samples.
The Commissioner shall have power at all times and at all places to have collected samples for inspection and testing of any motor fuel or lubricating oil for the purposes specified in § 59.1-150 and for the purpose of determining whether such motor fuel or lubricating oil is in violation of this chapter or regulation thereunder.

Code 1950, § 59-44; 1968, c. 439; 1992, c. 885.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-153. Methods of making inspection.
In making any inspection and test of a motor fuel or lubricating oil under this chapter, the Commissioner shall follow the specifications for the inspection and testing of that motor fuel or for the lubricating oil established by ASTM International, formerly the American Society for Testing and Materials, and incorporated into the ASTM specifications for motor fuels, which are adopted by the National Conference on Weights and Measures and published by the National Institute of Standards and Technology in Handbook 130, "Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality," as the same now are or may be hereafter amended. For purposes of this section, such specifications shall apply to methods of inspection and testing only, and shall not apply to methods of sale, including automatic temperature compensation. For cause after an informational proceeding under § 2.2-4007.01, such specifications may be amended by the Board of Agriculture and Consumer Services.

Code 1950, § 59-45; 1968, c. 439; 1992, c. 885; 2007, cc. 873, 916; 2009, c. 650.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-154. Inspection and testing under supervision of Commissioner.
Inspection and testing of such motor fuel or lubricating oil shall be under the direction of the Commissioner.

Code 1950, § 59-46; 1968, c. 439; 1992, c. 885.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-155. Prohibiting sale of defective motor fuel.
The Commissioner may prohibit the sale of motor fuel that does not meet the specifications as provided in this chapter or regulations adopted thereunder.

Code 1950, § 59-47; 1968, c. 439; 1992, c. 885; 2009, c. 650.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-155.1. Engine coolant and antifreeze bittering agent; penalty.
A. Any engine coolant or antifreeze manufactured after January 1, 2011, and sold within the Commonwealth that contains more than 10 percent ethylene glycol shall include not less than 30 parts per million and not more than 50 parts per million denatonium benzoate as a bittering agent in order to render the coolant or antifreeze unpalatable.

B. A manufacturer, processor, distributor, recycler or seller of an engine coolant or antifreeze that is required to contain an aversive agent under subsection A shall not be liable to any person for any personal injury, death, property damage, damage to the environment (including natural resources), or economic loss that results from the inclusion of denatonium benzoate in any engine coolant or antifreeze, provided that the inclusion of denatonium benzoate is present in concentrations mandated by subsection A. The limitation on liability does not apply to a particular liability to the extent that the cause of such liability is unrelated to the inclusion of denatonium benzoate in any engine coolant or antifreeze.

C. The provisions of this section shall not apply to (i) the sale of a motor vehicle that contains engine coolant or antifreeze, (ii) a wholesale container of engine coolant or antifreeze designed to contain 55 gallons or more of engine coolant or antifreeze, or (iii) engine coolant or antifreeze reformulated through on site recycling.

D. Any person violating any provision of this section shall be assessed a civil penalty of up to $100 per violation. Each day of violation shall constitute a separate offense.

E. This section shall not apply to engine coolant or antifreeze that is purchased pursuant to military specifications.

2009, c. 681.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-156. Rules and regulations.
A. The Board of Agriculture and Consumer Services may make all necessary rules and regulations for (i) the inspection and testing of motor fuel and lubricating oil; (ii) assuring that motor fuels dispensed in this Commonwealth comply with any oxygenation requirement specified by the federal Clean Air Act or any other federal environmental requirement pertaining to motor fuels; and (iii) the enforcement of this chapter.

B. Oxygenated gasoline regulations pursuant to clause (ii) of subsection A may be adopted, amended or repealed without observing the requirements of the Administrative Process Act (§ 2.2-4000 et seq.) and shall, unless a later effective date is specified in the regulation, amendment or repeal, take effect upon adoption by the Board of Agriculture and Consumer Services and filing with the Registrar of Regulations.

C. No agency of the Commonwealth may enforce the provisions of "Regulations Governing the Oxygenation of Gasoline" (2VAC5-480-10 et seq.), or any successor regulation, requiring the use or sale of oxygenated gasoline, unless, and only to the extent, the regulation is required by federal law or regulation. For purposes of this subsection "oxygenated gasoline" shall have the same meaning as "Gasoline-Oxygenate Blend" as defined in Handbook 130 published by the National Institute of Standards and Technology.

Code 1950, § 59-48; 1968, c. 439; 1992, c. 885; 1996, cc. 638, 1012; 2009, c. 650.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-157. Complaints to Commissioner.
The Commissioner shall investigate complaints made to him concerning alleged violations of the provisions of this chapter or regulation adopted thereunder, and shall, upon his own initiative, conduct such investigations as he deems appropriate and advisable.

Code 1950, § 59-50; 1968, c. 439; 1992, c. 885.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-158. Repealed.
Repealed by Acts 1992, c. 885.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-162. Cooperation by state agencies.
The Commonwealth Transportation Board and the Department of Motor Vehicles are authorized to cooperate, as directed by the Governor, with the Commissioner of Agriculture and Consumer Services in carrying out the provisions of this chapter.

Code 1950, § 59-55; 1968, c. 439.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-162.1. Direct fueling of commercial vehicles authorized; conditions.
Notwithstanding any other provision of law, the dispensing of diesel fuel from a tank vehicle into the fuel tank of any highway vehicle on the premises of a commercial, industrial, governmental or manufacturing establishment is permitted, provided the following conditions are met:

1. The highway vehicle is used in connection with the business or function of the establishment;

2. The owner or operator of the tank vehicle complies with all requirements pertaining to the collection and payment of taxes on diesel fuel pursuant to Title 58.1 and fees pursuant to Title 62.1;

3. The owner or operator of the tank vehicle complies with all requirements pertaining to Chapter 56 (§ 3.2-5600 et seq.) of Title 3.2;

4. Each delivery shall be metered and recorded and the customer shall be provided an invoice or delivery ticket plainly indicating the quantity of fuel dispensed, the price per gallon, the amount of tax and the total price of the fuel dispensed;

5. The tank vehicle is designed, equipped and operated to prevent spills during fueling operations and to minimize spillage in the event of operator error or equipment malfunction;

6. The owner of the tank vehicle has established and maintains in place a contingency plan for the cleanup of spills occurring during fueling operations, and the operator has been trained in the prevention of spills, and containment of spills should they occur, and in compliance with such spill plan; and

7. The owner is licensed in Virginia as a distributor.

2000, c. 943.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-163. Penalty for violation.
Any person selling any motor fuel or lubricating oil which does not comply with the specifications provided in this chapter, or violating any of the provisions of the chapter, shall be guilty of a Class 1 misdemeanor. Any dealer in any motor fuel who receives motor fuel meeting the requirements of this chapter and who thereafter adulterates any such motor fuel or mixes it with inferior motor fuel, so that the resulting product does not meet the requirements of this chapter, shall be guilty of a Class 1 misdemeanor.

Code 1950, § 59-56; 1968, c. 439; 1992, c. 885; 2009, c. 650.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-164. Duty of attorney for the Commonwealth.
It shall be the duty of the attorney for the Commonwealth of the respective cities and counties to prosecute all violations of the provisions of this chapter, when certified to him by the Commissioner.

Code 1950, § 59-57; 1968, c. 439.