dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-102. Issuance of theatrical permit.
No permit shall be issued unless the Commissioner is satisfied that the environment in which the drama, play, performance, concert or entertainment is to be produced is a proper environment for the child and that the conditions of such employment are not detrimental to the health or morals of such child and that the child's education will not be neglected or hampered by its participation in such drama, play, performance, concert or entertainment. Applications for permits and every permit granted shall specify the name, age and sex of each child, together with such other facts as may be necessary for the proper identification of each child and the dates when, and the theaters or other places of amusement in which such drama, play, performance, concert or entertainment is to be produced and shall specify the name of the drama, play, performance, concert or entertainment in which each child is permitted to participate. Such application shall be filed with the Commissioner not less than five days before the date of such drama, play, performance, concert or entertainment. A permit shall be revocable by the Commissioner should it be found that the environment in which the drama, play, performance, concert or entertainment is being produced is not a proper environment for the child and that the conditions of such employment are detrimental to the health or morals of such child. The Commissioner shall prescribe and supply the forms required for carrying out the provisions of this section.

Code 1950, § 40-111; 1960, c. 434; 1970, c. 321.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-103. Cruelty and injuries to children; penalty; abandoned infant.
A. It shall be unlawful for any person employing or having the custody of any child willfully or negligently to cause or permit the life of such child to be endangered or the health of such child to be injured, or willfully or negligently to cause or permit such child to be placed in a situation that its life, health or morals may be endangered, or to cause or permit such child to be overworked, tortured, tormented, mutilated, beaten or cruelly treated. Any person violating this section is guilty of a Class 6 felony.

B. If a prosecution under this section is based solely on the accused parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense to prosecution of a parent under this section that such parent safely delivered the child within the first 30 days of the child's life to (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical services personnel, or (iii) a newborn safety device located at and operated by such hospital or emergency medical services agency. In order for the affirmative defense to apply, the child shall be delivered in a manner reasonably calculated to ensure the child's safety.

Code 1950, § 40-112; 1970, c. 321; 1991, c. 511; 2003, cc. 816, 822; 2006, c. 935; 2015, cc. 502, 503; 2022, cc. 80, 81.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-104. Age certificates.
An age certificate shall be issued, upon request of the employer or the worker, for a person sixteen years of age or over. It shall be issued by the person authorized to issue employment certificates under the provisions of this chapter upon presentation of the same evidence of age as required for an employment certificate. The age certificate shall show the person's name and address, his date of birth and signature, the signature of the person issuing the certificate and the evidence accepted as proof of age.

An employment or age certificate duly issued shall be conclusive evidence of the age of the person for whom issued in any proceeding involving the employment of the person under any of the labor laws of this Commonwealth as to any act occurring subsequent to its issuance and prior to its revocation.

Code 1950, § 40-113; 1970, c. 321; 1972, c. 824; 1979, c. 219.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-105. Repealed.
Repealed by Acts 1991, c. 511.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-106. Repealed.
Repealed by Acts 1979, c. 219.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-109. Newspaper carriers on regular routes; hours.
Notwithstanding the other provisions of this chapter, any child between twelve and sixteen years of age may daily engage in the occupation of distributing newspapers on regularly established routes between the hours of four o'clock ante meridian and seven o'clock post meridian, excluding the time public schools are actually in session.

Code 1950, § 40-118; 1960, c. 434; 1962, c. 352; 1970, c. 321; 1972, c. 807; 1973, c. 13; 1979, c. 219; 1982, c. 83; 1991, c. 511.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-109.1. Child engaged in the work of content creation; criteria.
A. A child under the age of 16 is considered engaged in the work of content creation when the following criteria are met at any time during the previous 12-month period:

1. At least 30 percent of the content creator's compensated video content produced within a 30-day period included the likeness, name, or photograph of the child. Content percentage is measured by the percentage of time the likeness, name, or photograph of the child or, if more than one child regularly appears in the creator's content, any of the children visually appears or is the subject of an oral narrative in a video segment as compared to the total length of the segment; and

2. The number of views received per video segment on any online platform met the online platform's threshold for the generation of compensation or the content creator received actual compensation for video content equal to or greater than $0.10 per view.

B. All content creators whose content features a child under the age of 16 engaged in the work of content creation shall maintain the following records and shall provide them to the child and the holder of the trust account required pursuant to § 40.1-109.2 on an ongoing basis:

1. The name and documentary proof of the age of the child engaged in the work of content creation;

2. The number of videos that generated compensation as described in subsection A during the reporting period;

3. The total number of minutes of the video content that the content creator received compensation for during the reporting period;

4. The total number of minutes each child was featured in video content during the reporting period;

5. The total compensation generated from video content featuring a child during the reporting period; and

6. The amount deposited into the trust account for the benefit of the child engaged in the work of content creation, as required by § 40.1-109.2.

C. If a content creator whose video content features a child under the age of 16 engaged in the work of content creation fails to maintain the records as provided in subsection B, the child, or his parent or guardian on behalf of such child, may commence a civil action to enforce the provisions of this section. No action shall be commenced under this section more than two years after the date on which the child engaged in the work of content creation attained 18 years of age.

2025, cc. 699, 705.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-109.2. Child engaged in the work of content creation; trust account.
A. A child engaged in the work of content creation as described in subsection A of § 40.1-109.1 shall be compensated by the content creator. The content creator shall set aside gross earnings on the video content that includes the likeness, name, or photograph of the child in a trust account to be preserved for the benefit of the child upon attaining 18 years of age or having been declared emancipated, according to the following distribution:

1. Where only one child meets the content threshold described in § 40.1-109.1, the percentage of total gross earnings on any video segment including the likeness, name, or photograph of the child that is equal to or greater than half of the content percentage that includes the child as described in § 40.1-109.1; or

2. Where more than one child meets the content threshold described in § 40.1-109.1 and a video segment includes more than one of those children, the percentage described in subdivision 1 for all children in any segment shall be equally divided among the children, regardless of differences in percentage of content provided by the individual children.

B. A trust account required under this section shall provide, at a minimum, the following:

1. That the funds in the account shall be available only to the child engaged in the work of content creation;

2. That the account shall be held by a financial institution, corporate fiduciary, or trust company;

3. That the funds in the account shall become available to the child engaged in the work of content creation upon the child attaining the age of 18 years or when the child is declared emancipated; and

4. That the account meets the requirements of the Virginia Uniform Transfers to Minors Act (§ 64.2-1900 et seq.).

C. If a content creator knowingly or recklessly violates this section, a child engaged in the work of content creation as described in subsection A of § 40.1-109.1, or his parent or guardian on behalf of such child, may commence an action to enforce the provisions of this section regarding the trust account. The court may award, to a child who prevails in any action brought in accordance with this section, the following damages: (i) compensatory damages; (ii) punitive damages; and (iii) the costs of the action, including reasonable attorney fees and costs. No action shall be commenced under this section more than two years after the date on which the child engaged in the work of content creation attained 18 years of age.

D. This section does not affect any right or remedy available under any other provision of law.

E. Nothing in this section shall be construed to have any effect on a party that is neither the content creator nor the child engaged in the work of content creation.

2025, cc. 699, 705.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-110. Repealed.
Repealed by Acts 1979, c. 219.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-111. Repealed.
Repealed by Acts 1991, c. 511.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-112. Solicitation generally.
A. In order to provide for enforcement of the child labor laws and the protection of employees, it shall be unlawful for any person, firm or corporation, except a nonprofit organization as defined in § 501(c) (3) of the United States Internal Revenue Code, to engage in or to employ any person for, or suffer or permit any person in his employment to work in, any trade in any street or public place, including but not limited to candy sales or soliciting for commercial purposes, selling, or obtaining subscription contracts or orders for books, magazines or other periodical publications other than newspapers, without obtaining from the Commissioner a permit to conduct such business. No permit shall be required for the placement of advertisements or literature on or near a business or private residence, if there is no attempt, in person, to solicit business or make a sale at the time of the placement of the material.

B. Such permits shall be valid from the date of issuance until June 30 next following the date of issuance. Applications may be made not more than thirty days prior to the requested date of issuance on forms furnished by the Commissioner, and the applicant shall supply such information as is required concerning his place or places of business, the prospective number of his employees, and the proposed hours of work and rate of compensation for such employees. A separate permit shall be required for each place of business which the applicant operates within this Commonwealth.

C. Each permittee shall maintain such records as may be prescribed by the Commissioner showing the name, residence address and age of each employee, the hours worked by each employee, the place where such work was performed, and the compensation paid and payable to such employee. Such records shall be available for inspection by the Commissioner or a representative designated by him during business hours.

D. No child shall be employed or permitted to work by or for any permittee unless all the following conditions are satisfied:

1. The child is at least sixteen years of age;

2. The permittee has a permanent business address within this Commonwealth; and

3. The child works at all times under the immediate supervision of an adult.

E. No child shall be required, permitted or directed to make any false statement representing himself, his employer or products or services in his employment.

F. Any person violating any provision or condition of this section shall be guilty of a Class 1 misdemeanor for each such violation. Any violation of this section by a permittee or with his knowledge and consent shall in addition be grounds for revocation of the permit.

Code 1950, § 40-118.3; 1964, c. 315; 1966, c. 603; 1968, c. 743; 1970, c. 321; 1973, c. 13; 1979, c. 219; 1982, c. 137; 1991, c. 511; 1998, c. 157.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-113. Child labor offenses; civil penalties.
A. Whoever employs, procures, or, having under his control, permits a child to be employed in violation of any of the provisions of this chapter other than §§ 40.1-100.2, 40.1-103 and 40.1-112 shall be subject to a civil penalty that (i) shall not exceed $25,000 for each violation that results in the employment of a child who is seriously injured or who dies in the course of that employment and (ii) shall not be less than $500 or exceed $2,500 for each other violation. In determining the amount of such penalty, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered.

B. The Commissioner shall notify any employer who he alleges has violated any provision of this section by certified mail or overnight delivery service. Such notice shall contain a description of the alleged violation. Within 21 days of receipt of notice of the alleged violation, the employer may request an informal conference regarding such violation with the Commissioner. If the employer fails to contest the violation by requesting such an informal conference within 21 days following receipt of the notice of the alleged violation, the violation and proposed penalty will become a final order of the Commissioner and not subject to review by any court or agency except upon a showing of good cause. Such informal conference shall result in a decision by the Commissioner that will be appealable to the appropriate circuit court. The Department shall send a copy of the Commissioner's decision to the employer by certified mail or overnight delivery service. The employer may file a notice of an appeal only within 30 days from the receipt of the decision. The appeal shall be on the agency record. With respect to matters of law, the burden shall be on the party seeking review to designate and demonstrate an error of law subject to review by the court. With respect to issues of fact, the duty of the court shall be limited to ascertaining whether there was substantial evidence in the record to reasonably support the Commissioner's findings of fact.

C. Civil penalties owed under this section shall be paid to the Commissioner for deposit into the general fund of the treasury of the Commonwealth. The Commissioner shall prescribe procedures for the payment of proposed penalties which are not contested by employers.

Code 1950, § 40-119; 1964, c. 504; 1970, c. 321; 1973, c. 425; 1979, c. 348; 1982, c. 416; 1991, c. 511; 2007, c. 667; 2015, c. 285; 2024, c. 369.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-114. Enforcement of child labor law.
The Commissioner, with the assistance of state and local law-enforcement officers, shall enforce the provisions of this chapter and shall have authority to appoint such representatives as may be necessary to secure the enforcement of this chapter. He shall make all necessary rules and regulations for carrying out the purposes of this chapter, and shall prescribe such forms as may be required for carrying out the provisions of this chapter.

Code 1950, § 40-120; 1970, c. 321; 1979, c. 219; 2015, c. 285.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-115. School attendance.
Nothing contained in this chapter shall be construed as qualifying in any way the provisions of the compulsory education laws of this Commonwealth, nor as authorizing the employment of any child who is absent unlawfully from school.

Code 1950, § 40-121; 1970, c. 321.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-116. Curfew ordinances not affected.
Nothing in this chapter shall be construed to permit the violation of a curfew ordinance of any city.

Code 1950, § 40-122; 1970, c. 321.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-78. Employment of children under fourteen and sixteen.
A. No child under fourteen years of age shall be employed, permitted or suffered to work in, about or in connection with any gainful occupation except as specified in this chapter.

B. No child under sixteen years of age shall be employed, permitted or suffered to work in, about or in connection with any gainful occupation during school hours unless he has reached the age of fourteen and is enrolled in a regular school work-training program and a work-training certificate has been issued for his employment as provided in § 40.1-88.

C. Nothing in this section shall affect the provisions of §§ 40.1-100 A, 40.1-100.1, 40.1-100.2, 40.1-101 and 40.1-102.

Code 1950, § 40-96; 1956, c. 567; 1960, c. 434; 1968, c. 264; 1970, c. 321; 1991, c. 511.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-79. Repealed.
Repealed by Acts 1991, c. 511.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-79.01. Exemptions from chapter generally.
A. Nothing in this chapter, except the provisions of subsection A of § 40.1-100 and §§ 40.1-100.1, 40.1-100.2, and 40.1-103, shall apply to:

1. A child engaged in domestic work when such work is performed in connection with the child's own home and directly for his parent or a person standing in place of his parent;

2. A child employed in occasional work performed outside school hours where such work is in connection with the employer's home but not in connection with the employer's business, trade, or profession;

3. A child 12 or 13 years of age employed outside school hours on farms, in orchards, or in gardens with the consent of his parent or a person standing in place of his parent;

4. A child between the ages of 12 and 18 employed as a page or clerk for either the House of Delegates or the Senate of Virginia;

5. A child participating in the activities of a volunteer emergency medical services agency;

6. A child under 16 years of age employed by his parent in an occupation other than manufacturing; or

7. A child 12 years of age or older employed by an eleemosynary organization or unit of state or local government as a referee for sports programs sponsored by that eleemosynary, state, or local organization or by an organization of referees sponsored by an organization recognized by the United States Olympic Committee under 36 U.S.C. § 220522.

B. Nothing in this chapter, except §§ 40.1-100.1, 40.1-100.2, and 40.1-103, shall be construed to apply to a child employed by his parent or a person standing in place of his parent on farms, in orchards or in gardens owned or operated by such parent or person.

C. Nothing in this chapter, except subsection A of § 40.1-100 and §§ 40.1-100.1, 40.1-100.2, 40.1-103, and 40.1-109.2, shall apply to a child engaged in the work of content creation as described in § 40.1-109.1. For the purposes of this subsection, a child engaged in the work of content creation shall not be considered to be "employed, permitted, or suffered to work" in any setting described in subsection A of § 40.1-100 solely due to such child's presence in such setting, provided that:

1. Such child is not exposed to a hazard capable of causing serious physical harm or death to such child in violation of § 40.1-100.1;

2. Such child is under the direct supervision of an adult who ensures compliance with all applicable safety requirements; and

3. Such child's engagement in the work of content creation does not require direct interaction with hazardous equipment or conditions.

1991, c. 511; 1998, c. 30; 2003, c. 380; 2015, cc. 502, 503; 2025, cc. 699, 705.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-79.1. Exemptions from chapter generally; participation in volunteer fire company activities.
A. Any county, city or town may authorize by ordinance any person residing anywhere in the Commonwealth, aged 16 years or older, who is a member of a volunteer fire company within such county, city, or town with parental or guardian approval, (i) to seek certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the Department of Fire Programs; and (ii) to work with or participate in activities of such volunteer fire company, provided such person has attained certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the Department of Fire Programs. Nothing in this chapter shall prohibit participation by such persons in nonhazardous activities of a volunteer fire company, including fire prevention efforts and training courses approved by the Virginia Fire Services Board that are designed to provide situational awareness. Such ordinance shall not require a minor who achieved certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the Department of Fire Programs, on or before January 1, 2006, between the ages of 15 and 16, to repeat the certification after his sixteenth birthday.

B. Any trainer or instructor of such persons mentioned in subsection A and any member of a paid or volunteer fire company who supervises any such persons shall be exempt from the provisions of § 40.1-103, provided that the provisions of § 40.1-100 have not been violated, when engaged in activities of a volunteer fire company, and provided that the volunteer fire company or the governing body of such county, city or town has purchased insurance which provides coverage for injuries to or the death of such persons in their performance of activities under this section.

1982, c. 344; 1983, c. 123; 1991, c. 511; 2005, c. 151; 2006, c. 462; 2018, c. 181.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-80. Repealed.
Repealed by Acts 1991, c. 511.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-80.1. Employment of children.
A. Except as provided in §§ 40.1-79.01, 40.1-88, 40.1-102, 40.1-109, 40.1-109.1, and 40.1-109.2, no child under 16 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation more than the number of hours per week or more than the number of hours per day or during the hours of the day that the Commissioner shall determine by regulations to be detrimental to the lives, health, safety, or welfare of children. These regulations shall incorporate the standards contained in regulations promulgated by the U.S. Secretary of Labor pursuant to the Fair Labor Standards Act (29 U.S.C. § 201 et seq.) concerning the number of hours per week, hours per day, and the hours of the day that children under the age of 16 may work in, about, or in connection with, any gainful occupation.

B. No child shall be employed or permitted to work for more than five hours continuously without an interval of at least 30 minutes for a lunch period, and no period of less than 30 minutes shall be deemed to interrupt a continuous period of work.

1991, c. 511; 2025, cc. 699, 705.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-81. Repealed.
Repealed by Acts 1972, c. 480.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-81.1. Records to be kept by employers.
Every employer employing minors under sixteen years of age shall keep a time book or time cards or other appropriate records for such minor employees which shall show the beginning and ending time of work each day together with the amount of time designated as a free-from-duty meal period, which is deductible from the schedule of hours of work. The record for the preceding twelve months for each such minor employee shall be kept on the premises for a period of thirty-six months from the date of the latest work period recorded for the minor employee involved.

1972, c. 480; 1982, c. 134; 1991, c. 511.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-82. Repealed.
Repealed by Acts 1979, c. 219.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-83. Repealed.
Repealed by Acts 1991, c. 511.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-84. Employment certificate required.
No child under sixteen years of age shall be employed, permitted or suffered to work, in, about or in connection with any gainful occupation with the exception of volunteer work or work on farms, orchards and in gardens and except as provided in §§ 40.1-79.01, 40.1-101, and 40.1-102 unless the person, firm or corporation employing such child, procures and keeps on file and accessible to any school attendance officer, representative of the Department or other authorized persons, charged with the enforcement of this chapter, the employment certificate as hereinafter provided, issued for such child.

Code 1950, § 40-100; 1960, c. 434; 1966, c. 603; 1970, c. 321; 1972, cc. 480, 824; 1974, cc. 283, 525; 1979, c. 219; 1991, c. 511.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-85. Kinds of employment certificates.
Employment certificates shall be of two kinds: work-training certificate and vacation or part-time employment certificate.

Code 1950, § 40-100.1; 1970, c. 321; 1982, c. 135; 1991, c. 511.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-86. Repealed.
Repealed by Acts 1979, c. 219.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-87. Vacation or part-time employment certificate.
A vacation or part-time employment certificate shall permit the employment of a child between fourteen and sixteen years of age only during school vacation periods or on days when school is not in session, or outside school hours on school days.

Code 1950, § 40-100.3; 1958, c. 164; 1970, c. 321; 1979, c. 219; 1982, c. 136; 1991, c. 511.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-88. Work-training certificate.
A work-training certificate shall permit the employment of a child between fourteen and sixteen years of age during school hours when enrolled in a regular school work-training program pursuant to a written agreement containing the same provisions as specified in § 40.1-89.

Code 1950, § 40-100.4; 1970, c. 321; 1979, c. 219; 1982, c. 670.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-89. Same; employment not allowed; revocation of certificate.
No child shall be employed pursuant to a work-training certificate as provided in § 40.1-88 where such employment requires such child to work in any occupation which is deemed hazardous under § 40.1-100 A or regulations promulgated thereunder. However, a child sixteen or seventeen years of age may be employed in certain such occupations as part of a work-training program in accordance with rules and regulations promulgated by the Commissioner. No child shall work in a work-training program except pursuant to a written agreement which shall provide: (1) that the work of such child shall be incidental to his training, shall be intermittent and for short periods of time and shall be under the direct and close supervision of a competent and experienced person; (2) that safety instruction shall be given by the school and correlated with on-the-job training given by the employer; and (3) that a schedule of organized and progressive work processes to be performed shall have been prepared. Such written agreement shall set forth the name of the child so employed and shall be signed by the employer and the coordinator of schools having jurisdiction. Copies of such agreement shall be retained by the school and the employer, and a copy thereof shall be filed with the Department.

Any such work-training certificate or written agreement may be revoked at any time that it shall appear that reasonable precautions for the safety of such child have not been observed.

Code 1950, § 40-100.4:1; 1960, c. 434; 1968, c. 277; 1970, c. 321; 1982, c. 252; 1991, c. 511.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-90. Repealed.
Repealed by Acts 1991, c. 511.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-92. Issuance of certificates.
A. The Commissioner shall prescribe the procedures for minors and employers concerning issuance and maintenance of employment certificates. The Commissioner may issue certificates both directly and electronically. Employment certificates shall be issued by the Department only upon application of the child desiring employment. The employment certificate shall not be valid unless permission is granted by a parent, guardian, or custodian through means specified by the Commissioner. The Department shall have authority to make any investigation or examination necessary for the issuance thereof. No fee shall be charged for issuing any such certificate nor for rendering any services in respect thereto. The Commissioner shall file and preserve such certificates and related documents.

B. No person shall, with the intent to assist a minor to procure employment, make a false statement by any means, including by submitting falsified forms electronically, to any employer or to any representative of the Commissioner in order to obtain the issuance of an employment certificate.

Code 1950, § 40-101; 1960, c. 434; 1970, c. 321; 1979, c. 219; 1991, c. 511; 2013, c. 15.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-93. Proof required for employment certificate.
The Department shall not issue an employment certificate until it has received, examined, approved, and filed the following:

1. Except for work coming within one of the exceptions in § 40.1-79.01, a statement signed by the prospective employer, or someone duly authorized on his behalf, stating that he expects to give such child present employment, setting forth the specific nature of the occupation in which he intends to employ such child, and the number of hours per day and of days per week which said child shall be employed and of the period for lunch. Such statement shall be submitted by means specified by the Commissioner; and

2. A statement, signed by the prospective employer or someone duly authorized on his behalf, submitted by means specified by the Commissioner, that the employer has verified the age of such minor. The employer shall procure and keep on file, accessible to the Department or other authorized persons charged with the enforcement of this chapter, the proof of age as provided in § 40.1-94.

Code 1950, § 40-102; 1960, c. 434; 1970, c. 321; 1972, c. 480; 1991, c. 511; 2013, c. 15.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-94. Proofs of age.
The evidence of age required by this chapter shall consist of one of the following proofs of age, which shall be required in the order herein designated:

(1) A birth certificate or attested transcript issued by a registrar of vital statistics or other officer charged with the duty of recording births.

(2) A baptismal record or duly certified transcript thereof showing the date of birth and place of baptism of the child.

(3) Other documentary proof of age specified by the Commissioner.

Code 1950, § 40-103; 1970, c. 321.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-95. Repealed.
Repealed by Acts 1991, c. 511.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-96. Contents of employment certificates.
The employment certificate required to be issued shall state the name, sex, date of birth, and place of residence of the child. It shall certify that all the conditions and requirements for issuing an employment certificate under the provisions of this chapter have been fulfilled and shall be signed by the Commissioner. It shall state the kind of evidence of age accepted for the employment certificate. Except for work coming within one of the exceptions in § 40.1-79.01, the certificate shall show the name and address of the employer for whom and the nature of the specific occupation in which the employment certificate authorizes the child to be employed and shall be valid only for the occupation so designated. It shall bear a number, shall show the date of its issue, and shall be signed by the child for whom it is issued by means specified by the Commissioner. The employment certificate shall be issued to the employer, by means specified by the Commissioner, on or prior to the first day of employment. The employer and Commissioner shall retain a manual or electronic copy of the certificate, so long as the youth is employed or for a period of 36 months, whichever is longer.

Code 1950, § 40-105; 1960, c. 434; 1970, c. 321; 1978, c. 596; 1991, c. 511; 2013, c. 15.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-97. Repealed.
Repealed by Acts 1972, c. 480.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-98. Repealed.
Repealed by Acts 1991, c. 511.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 6 (Voluntary Apprenticeship [Repealed])
§ 40.1-117. Repealed.
Repealed by Acts 2023, cc. 624, 625, cl. 2.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 7 (PASSENGER TRAMWAY SAFETY [Repealed])
§ 40.1-128. Repealed.
Repealed by Acts 1991, c. 152.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 8 (REGISTER OF SAFETY AND HEALTH LAW VIOLATORS [Repealed])
§ 40.1-135. Not effective.
Not effective.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 9 (INDUSTRIAL HYGIENE AND SAFETY PROFESSION TITLE PROTECTION ACT)
§ 40.1-140. Prohibited actions.
A. No person shall use in conjunction with his name the letters or words "Industrial Hygienist in Training," "IHIT," "Certified Associate Industrial Hygienist," "CAIH," "Certified Industrial Hygienist," "CIH," or a variation of those words, or represent to the public that he is certified as such, unless he possesses the applicable certification issued by the American Board of Industrial Hygiene.

B. No person shall use in conjunction with his name the letters or words "Associate Safety Professional," "ASP," "Certified Safety Professional," "CSP," or a variation of those words, or represent to the public that he is certified as such, unless he possesses the applicable certification issued by the Board of Certified Safety Professionals.

C. No person shall use in conjunction with his name the letters or words "Occupational Health and Safety Technologist," "OHST," "Construction Health and Safety Technologist," "CHST," or variation of those words, or represent to the public that he is certified as such, unless he possesses the applicable certification issued by the American Board of Industrial Hygiene and the Board of Certified Safety Professionals.

D. No person shall represent to the public that he is an Industrial Hygienist in Training, Certified Associate Industrial Hygienist, Certified Industrial Hygienist, Associate Safety Professional, Certified Safety Professional, Construction Health and Safety Technologist, or Occupational Health and Safety Technologist unless he has been certified as such by the ABIH, BCSP, or both, as applicable, and such certification has not lapsed or been revoked.

2001, c. 742.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 9 (INDUSTRIAL HYGIENE AND SAFETY PROFESSION TITLE PROTECTION ACT)
§ 40.1-141. Enforcement.
The Attorney General or any aggrieved person may cause an action to be brought in the circuit court of the city or county in which a violation of this chapter has occurred for the issuance of an injunction to enjoin and restrain the continuance of such violation. If it appears to the satisfaction of the court that the defendant has, in fact, violated this chapter, an injunction may be issued by such court enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. The circuit court having jurisdiction may enjoin such violations, notwithstanding the existence of an adequate remedy at law.

2001, c. 742.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 9 (INDUSTRIAL HYGIENE AND SAFETY PROFESSION TITLE PROTECTION ACT)
§ 40.1-142. Exemptions.
A. The provisions of this chapter shall not prohibit any person who is not certified as a Certified Associate Industrial Hygienist, Certified Industrial Hygienist, Industrial Hygienist in Training, Certified Safety Professional, Associate Safety Professional, Occupational Health and Safety Technologist, or Construction Health and Safety Technologist from performing industrial hygiene and safety functions so long as such person does not represent himself to the public as being a Certified Associate Industrial Hygienist, Certified Industrial Hygienist, Industrial Hygienist in Training, Certified Safety Professional, Associate Safety Professional, Occupational Health and Safety Technologist, or Construction Health and Safety Technologist.

B. Nothing in this chapter shall be construed as authorizing a person certified as a Certified Associate Industrial Hygienist, Certified Industrial Hygienist, Industrial Hygienist in Training, Certified Safety Professional, Associate Safety Professional, Occupational Health and Safety Technologist, or Construction Health and Safety Technologist to engage in the practice of architecture or engineering, nor to restrict or otherwise affect the rights of any person licensed as an architect or professional engineer under Chapter 4 (§ 54.1-400 et seq.) of Title 54.1.

C. Nothing in this chapter shall apply to employees of the Department while they are engaged in the business of the Commonwealth; however, this subsection shall not be construed to authorize an employee of the Department to use any of the certifications defined in § 40.1-139 unless such employee has been certified as such by the ABIH, BCSP, or both, as applicable, and such certification has not lapsed or been revoked.

D. Nothing in this chapter shall bar an otherwise qualified expert witness from testifying in a court of this Commonwealth.

2001, c. 742.
Code of Virginia — Title 42.1 (Libraries), Chapter 1 (STATE LIBRARY AND LIBRARY BOARD)
§ 42.1-10. Acquisition of books and other library matter.
The Library may from time to time acquire books and other library matter by gift, purchase, exchange or loan. And the Library shall cause to be procured, from time to time, as opportunity may offer, a copy of any book, pamphlet, manuscript, or other library material, relating to the history of Virginia, not now in The Library of Virginia, which can be obtained on reasonable terms.

Code 1950, § 42-44; 1970, c. 606; 1994, c. 64.

Code of Virginia — Title 42.1 (Libraries), Chapter 1 (STATE LIBRARY AND LIBRARY BOARD)
§ 42.1-11. Editing and publishing state records and other special matter; list of publications.
The Board may edit, or cause to be edited, arranged and published, as the funds at its disposal permit, the state records now or hereafter deposited in The Library of Virginia and such other special matter as it deems of sufficient value.

The Board may cause to be printed any manuscript relating to the history of Virginia which has not been published, including such portions of the executive journals and letter books, and of the legislative papers, as the Board may deem proper, and shall cause the papers so to be printed to be arranged for that purpose and preserved for reference; and shall cause the records in the Library pertaining to the various wars in which the Commonwealth has been engaged to be edited, arranged, and published so as to show the service of citizens of the Commonwealth in such wars.

The Library may expend funds to list its publications in appropriate commercial listings.

Code 1950, § 42-45; 1956, c. 169; 1970, c. 606; 1994, c. 64.

Code of Virginia — Title 42.1 (Libraries), Chapter 1 (STATE LIBRARY AND LIBRARY BOARD)
§ 42.1-12. Fees for copies made by Library staff.
The Library may, in its discretion, charge and collect such fees as it may deem reasonable for copies or extracts from any books, papers, records, documents or manuscripts in the Library, made by the Library staff, for persons applying for the same. The Librarian of Virginia shall keep an accurate account of all such fees and pay the same into the general fund of the state treasury.

Code 1950, § 42-46; 1970, c. 606; 1998, c. 427.
Code of Virginia — Title 42.1 (Libraries), Chapter 1 (STATE LIBRARY AND LIBRARY BOARD)
§ 42.1-13. Appointment; terms of office; employment; duties.
The Board shall appoint a librarian, to be known as the Librarian of Virginia, who shall serve at the pleasure of the Board. The Librarian of Virginia shall appoint principal assistants and approve the appointment of other employees. The terms of office and employment of such assistants and employees shall be subject to the personnel regulations of the Commonwealth.

The Librarian of Virginia shall supervise the administration of The Library of Virginia. The Librarian of Virginia shall make requests for appropriations of necessary funds and approve all expenditures of Library funds. Such expenditures shall be made as provided by law.

Code 1950, § 42-48; 1970, c. 606; 1984, c. 444; 1985, c. 397; 1986, c. 565; 1994, c. 64; 1996, c. 812; 1998, c. 427.

Code of Virginia — Title 42.1 (Libraries), Chapter 1 (STATE LIBRARY AND LIBRARY BOARD)
§ 42.1-14. Compensation.
The Librarian of Virginia, assistants and employees shall be paid such salaries from appropriations out of the public treasury as are provided by law.

Code 1950, § 42-49; 1970, c. 606; 1998, c. 427.

Code of Virginia — Title 42.1 (Libraries), Chapter 1 (STATE LIBRARY AND LIBRARY BOARD)
§ 42.1-15. Duties of Librarian of Virginia.
The Librarian of Virginia shall have charge of The Library of Virginia. He shall see that the Library is properly kept and that its contents are properly preserved and cared for.

He shall be secretary of the Board, and shall perform all duties belonging to that position. He shall keep a record of all proceedings of the Board and such financial records as are required by the Commonwealth.

Code 1950, § 42-50; 1970, c. 606; 1994, c. 64; 1998, c. 427.

Code of Virginia — Title 42.1 (Libraries), Chapter 1 (STATE LIBRARY AND LIBRARY BOARD)
§ 42.1-15.1. Qualifications required to hold professional librarian position.
Public libraries serving a political subdivision or subdivisions having a population greater than 15,000 and libraries operated by the Commonwealth or under its authority shall not employ, in the position of librarian or in any other full-time professional librarian position, a person who does not meet the qualifications established by the State Library Board.

A professional librarian position as used in this section is one that requires a knowledge of books and of library technique equivalent to that required for graduation from any accredited library school or one that requires graduation from a school of library science accredited by the American Library Association.

No funds derived from any state aid shall be paid to any person whose employment does not comply with this section.

This section shall not apply to law libraries organized pursuant to Chapter 4 (§ 42.1-60 et seq.), libraries in institutions of higher education, or public school libraries.

1988, c. 716; 2004, c. 559; 2006, c. 539; 2012, c. 296.
Code of Virginia — Title 42.1 (Libraries), Chapter 1 (STATE LIBRARY AND LIBRARY BOARD)
§ 42.1-16. Bond of Librarian of Virginia.
The Librarian of Virginia shall be bonded in accordance with § 2.2-1840 for the faithful discharge of his duties and the delivery over to his successor of all the property of the Commonwealth in his possession.

Code 1950, § 42-51; 1970, c. 606; 1998, c. 427; 2021, Sp. Sess. I, c. 152.

Code of Virginia — Title 42.1 (Libraries), Chapter 1 (STATE LIBRARY AND LIBRARY BOARD)
§ 42.1-17. Repealed.
Repealed by Acts 2006, c. 59, cl. 2.

Code of Virginia — Title 42.1 (Libraries), Chapter 1 (STATE LIBRARY AND LIBRARY BOARD)
§ 42.1-18. Exchanges; donation, etc., of duplicate material.
The Library may arrange for the exchange of the Virginia publications with such states and institutions, the general government and other governments, societies and others, as it sees fit. Publications received on exchange are to become the property of The Library of Virginia, except statute and law books, which shall be placed in the Law Library. The Library may also, when deemed advantageous, donate, exchange or sell any or all duplicate material now or hereafter the property of The Library of Virginia, and other printed material not within the scope of its collections. The Librarian of Virginia shall keep an accurate account of all such sales and pay the money arising therefrom into the general fund of the state treasury.

Code 1950, § 42-56; 1970, c. 606; 1994, c. 64; 1998, c. 427.

Code of Virginia — Title 42.1 (Libraries), Chapter 1 (STATE LIBRARY AND LIBRARY BOARD)
§ 42.1-19. Repealed.
Repealed by Acts 2006, c. 59, cl. 2.

Code of Virginia — Title 42.1 (Libraries), Chapter 1 (STATE LIBRARY AND LIBRARY BOARD)
§ 42.1-2. The Library of Virginia under direction of Library Board; membership; chairman and vice-chairman; committees and advisory bodies.
The Library of Virginia shall be directed by a board, consisting of fifteen members, to be appointed by the Governor, which shall be and remain a corporation under the style of "The Library Board," sometimes in this chapter called the Board. Prior to such appointments the Board may submit to the Governor lists of candidates based upon interest and knowledge, geographic representation, participation in community affairs, and concern for the welfare of the Commonwealth. In no case shall the Governor be bound to make any appointment from among the nominees of the Board. The Board shall meet and organize by electing from its number a chairman and vice-chairman. It shall have the power to appoint such committees and advisory bodies as it deems advisable.

Code 1950, § 42-34; 1968, c. 122; 1970, c. 606; 1986, c. 565; 1987, c. 458; 1994, c. 64.

Code of Virginia — Title 42.1 (Libraries), Chapter 1 (STATE LIBRARY AND LIBRARY BOARD)
§ 42.1-2.1. Executive committee.
The Board may also provide for an executive committee, composed of not fewer than five Board members, which committee may exercise powers vested in and perform duties imposed upon the Board by this chapter to the extent designated and permitted by the Board.

1986, c. 565.