reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 7 - Names, Marks and Devices on Certain Containers and Other Articles › § 59.1-102. Records; previous filing and publishing of names, marks, etc.

The Secretary of the Commonwealth shall deliver the records of his office relating to names, marks and devices on such property as is mentioned in § 59.1-94 to the State Corporation Commission. No person who has filed prior to July 1, 1948, in the proper offices, a description of the name or names, marks or devices upon such property and has caused the same to be published according to the law existing at the time of such filing and publication, shall be required to again file and publish such description to be entitled to the benefits of this chapter.
Code 1950, § 59-199; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 8 - Timber Brands › § 59.1-103. Persons engaged in lumbering or rafting on certain waters may adopt mark of designation

It shall be lawful for any person at any time engaged in lumbering or rafting in any manner upon the Elizabeth River in the Commonwealth of Virginia, or on any of its tributaries, or in the Albemarle and Chesapeake Canal or in the Dismal Swamp Canal or in any river or creek lying within the boundaries of this Commonwealth and connecting with either of such canals or upon the Chesapeake Bay, to adopt a mark of designation wherewith to stamp or mark all sawlogs, piles, hewn timber or square timber put or intended to be put by him in any of such streams to be floated and rafted on the same. Such mark may be either in letters, figures, words, names or other devices at the discretion of the person adopting it.
A statement of the mark so adopted with a certificate appended that the same has been adopted as the mark of designation aforesaid, signed by the person adopting the same, shall be furnished to the clerk of the circuit court of the county or corporation court of the city where such person is doing business and has his principal office.
No person shall be entitled to adopt more than one of any of the respective kinds of marks or stamps aforesaid as his mark of designation, but any such person shall not be prohibited from using any other mark in addition to such mark of designation for distinguishing different kinds or lots of timber obtained from different localities, if it does not interfere with the mark of designation of any other person.
Code 1950, § 59-200; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 8 - Timber Brands › § 59.1-106. Sale of unclaimed timber, etc., found adrift; disposition of proceeds

Any person, except the owner thereof, taking up and securing any sawlog, pile, hewn timber or square timber detached from any raft and found adrift or aground on any of the waters or streams mentioned in § 59.1-103, shall promptly report such fact to the owner thereof, or shall lodge a list containing a description of the quantity, quality, and marks, if any, of such timber with a magistrate serving the jurisdiction where such timber was so found and secured, which magistrate shall promptly advertise the same for five consecutive days in a newspaper published in the City of Norfolk. If such timber shall not be claimed by the owner thereof within thirty days after such publication it shall be lawful for the magistrate to order the sale thereof at public auction by an officer after giving five days' notice of the time, place, and terms of such sale by not less than six handbills posted in the most public places in the vicinity where the same was found and within the county wherein the magistrate serves. Out of the proceeds of such sale the magistrate, after paying the expenses of the advertisement and handbills, together with all the other costs of such proceeding at law, shall pay to the person or persons who found and secured the timber ten cents for each piece thereof so taken and secured, and the residue of such proceeds of sale shall be paid into the state treasury for the benefit of the Commonwealth.
Code 1950, § 59-203; 1968, c. 439; 2008, cc. 551, 691.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 8 - Timber Brands › § 59.1-107. Fraudulent use of mark or claim of ownership; defacement of mark, etc.; destruction or conversion of timber, etc.

If any person shall fraudulently or willfully use any such registered mark, or shall fraudulently claim to be the owner of any such marked sawlog, pile, square or hewn timber found or being in any of the aforesaid streams or waters, whether floating or aground or tied up to any wharf or other object, either as part of a raft or not, or shall take and carry away any such marked sawlog, pile or piece of square or hewn timber without the authority of the owner thereof, or shall willfully deface or obliterate any such mark, name, figure, letter, or other designation thereon, or shall fraudulently saw, split, consume, destroy, or injure any such marked sawlog, pile, square or hewn timber or shall without the consent of the owner thereof sell or convert the same to his own use unless it shall have been duly forfeited according to the provisions of this chapter or according to other provisions of law, he shall for every such offense upon conviction be confined in jail not less than sixty days and not exceeding twelve months.
Code 1950, § 59-204; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 8 - Timber Brands › § 59.1-108. Who are timber dealers

Every person, firm or corporation dealing in logs or timber in any form to be floated on the streams of this Commonwealth shall be called and known as timber dealers, and as such may adopt a brand or trademark in the manner and with the effect hereinafter provided.
Code 1950, § 59-205; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 8 - Timber Brands › § 59.1-109. Timber dealer may adopt brand or trademark; recordation

Every such dealer desiring to adopt a brand or trademark who has not heretofore adopted one may do so by the execution and acknowledgement, as deeds are required to be acknowledged, of a writing substantially in form and effect as follows:
"Notice is hereby given that I (or we or the undersigned company, as the
case may be) have (or has) adopted the following brand or trademark to be used
in my (or our or its) business as a timber dealer (or dealers, as the case may
be), to wit: (Here insert the word, letter or letters, or figures, or device
or devices adopted.)
"Given under my (or our or its) hand and seal this......… day of
.........., two thousand..................................................…
.......................................................................(Seal.)"
Such writing may be proved as deeds are proved in this Commonwealth and shall be recorded in the office of the clerk of the circuit court of the county in which the principal office or place of business of such timber dealer may be and of such other counties as such dealer may do business in. Nothing in this section shall be construed to prevent any person who has heretofore used any particular brand from adopting the same as his trademark, and when he shall have adopted it as his trademark as provided in this section it shall apply to the trees and timber heretofore marked with such brand as well as to such as may be hereafter so marked.
Code 1950, § 59-206; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 8 - Timber Brands › § 59.1-110. Using recorded brand or trademark without authority

Every brand or trademark so adopted shall, from the date of its recordation be the exclusive brand or trademark of the person, firm or corporation adopting it, and any other person, firm or corporation knowingly using or attempting to use the same, without authority in writing from the owner thereof, shall be guilty of a misdemeanor and fined for each offense in so using the same not less than $20 nor more than $200, and shall be liable to the owner of such brand or trademark for all the damages sustained by such owner by reason of such unauthorized use.
Code 1950, § 59-207; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 8 - Timber Brands › § 59.1-111. Unauthorized use of dealer's branding iron, or defacing, etc., marks made by it

Every timber dealer may have a branding iron or hammer with which to impress such brand or trademark on a log, tree or other timber; and any person who shall use such branding iron or hammer or have or use one of like form and making the same brand or trademark, or who shall intentionally and without authority in writing remove, deface, or obliterate or destroy such brand or trademark when once impressed or placed on a log, tree or other timber shall be guilty of a felony, and for each offense shall be confined in the penitentiary not less than one nor more than three years.
Code 1950, § 59-208; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 8 - Timber Brands › § 59.1-112. Fraudulently impressing brand on timber

If any person shall knowingly or fraudulently impress or place such brand or trademark on any log, tree or other timber not his own he shall be guilty of a misdemeanor and fined for each offense not less than $10 nor more than $100 and confined in jail not less than ten nor more than twenty days.
Code 1950, § 59-209; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 8 - Timber Brands › § 59.1-114. Unlawful cutting down, possessing or converting branded timber

Any person who shall cut down a tree or shall knowingly have in his possession a log or other timber that has been so branded, without the written consent of its owner, and claiming it as his own, or who shall convert it to his own use or offer to sell same, shall be guilty of a felony and punished by confinement in the penitentiary for not less than one nor more than two years for each offense, unless the defendant in such case show a bona fide adverse claim or color of title to the timber or logs in question obtained before such branding.
Code 1950, § 59-211; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 8 - Timber Brands › § 59.1-115. Sheriff's sale of unbranded timber; recovery by owner; disposition of proceeds

Every person who shall take, catch, hold or have in his possession any log or other marketable timber, not branded as aforesaid, without the written consent of the owner thereof, shall within ten days after catching, taking up, or getting possession of the same, as aforesaid, report the same in writing to the county clerk of the county in which such person resides, and thirty days after such report is received the sheriff of such county shall sell the same publicly at the courthouse door on the first day of a circuit court in the county, of which notice shall be given by the sheriff for at least ten days by written or printed notices posted at the front door of such courthouse or near thereto and at one or more public places in the county. Any person owning such log or timber may, however, recover the same, by satisfying the sheriff that he is entitled to it, or by action of detinue, as provided by law. Such sale shall be made for cash, and the proceeds when collected, after paying the expenses of sale, including a fee of twenty-five cents for each log or piece of timber so sold, shall be paid to the treasurer of the county for the benefit of the public schools of the district in which the party reporting the same shall at that time reside. Any person failing to report to such clerk, as aforesaid, or to turn over the log or other timber to the sheriff, or any sheriff failing or refusing to advertise and sell such log or timber, as aforesaid, shall be guilty of a misdemeanor, and fined not less than $10 nor more than $100 for each offense.
Code 1950, § 59-212; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-116.1. Definitions

As used in this article, unless the context requires a different meaning:
"Authorized scrap metal purchaser" has the same meaning as provided for the term "scrap metal purchaser" in § 59.1-136.1.
"Authorized scrap seller" means any licensed plumber, electrical contractor, HVAC contractor, or building and construction contractor.
"Building material" means any secondhand heating or plumbing fixture or supplies, electric fixtures, or any wiring, gas fixtures or appliances, water faucets, pipes, locks, or any other secondhand fixtures of any kind or description used in the construction of a building.
"Junk dealer" means a person who regularly engages in the business of purchasing, acquiring, or canvassing secondhand building material, including all nonferrous scrap metal, proprietary articles, or both, for the purpose of resale and has conducted transactions involving, or has offered for sale, more than 600 pounds combined weight of secondhand building material or enters into more than 26 combined transactions annually. "Junk dealer" does not include a "scrap metal purchaser" as defined in § 59.1-136.1.
"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, or other private commercial entity.
"Regularly engaged" with respect to purchasing or acquiring secondhand building material means having conducted transactions involving, or having offered for sale, more than 600 pounds combined weight of secondhand building material or enters into more than 26 combined transactions annually.
2011, c. 836; 2013, c. 414.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-117. Permit required for trading in secondhand building fixtures

Except as otherwise provided in this chapter, no person shall offer for sale or acquire any secondhand heating or plumbing fixtures or supplies, electric fixtures or any wiring, gas fixtures or appliances, water faucets, pipes, locks, bathtubs, gutters, downspouts, or other secondhand fixtures of whatever kind or description pertaining to a building or structure, without first obtaining a permit for the sale or acquisition of the same from the chief of police of the city or town or the sheriff of the county in which such property is offered for sale or acquisition.
Code 1950, § 59-145; 1968, c. 439; 2010, c. 805; 2011, c. 836; 2013, c. 414.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-118. Permit issued by chief of police or sheriff; revocation

The chief of police of a city or the sheriff of a county may issue, to persons regularly engaged in the business of collecting secondhand building materials for resale, a semiannual or annual permit covering all sales and acquisitions made by such persons. The chief of police or sheriff may refuse to issue a permit, and may revoke any permit issued, to any person convicted of a felony or crime of moral turpitude within the three years prior to the request for the permit. The applicant shall file with the chief of police or sheriff, or his designee, an application form that shall include the applicant's full name, address, age, sex, and fingerprints; the name, address, and telephone number of the applicant's employer, if any; and the location of the applicant's place of business. A permit shall be valid for one year from the date of issuance and may be renewed in the same manner as such permit was initially obtained. A fee of not more than $50 may be charged annually for the issuance of the permit.
Code 1950, § 59-146; 1968, c. 439; 2011, c. 836.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-119. Who deemed a dealer

Every person who is regularly engaged in the purchasing or acquiring of secondhand building material of the kind mentioned in § 59.1-117 for the purpose of resale or installation on the property of another shall be deemed a dealer within the meaning of the provisions of this article.
Code 1950, § 59-147; 1968, c. 439; 2011, c. 836.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-119.1. Dealer required to show permit and identification

Every dealer making a sale or purchase of a secondhand fixture pursuant to the provisions of this article shall first display the permit required by § 59.1-117 and also display positive photo identification to the purchaser or seller of such fixture.
1992, c. 25.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-120. Recordkeeping requirements

A. At the time of purchasing, collecting, receiving, or acquiring a secondhand building fixture, the dealer shall be required to provide:
1. The date and time of the secondhand building fixture's acquisition; and
2. The address from which the property was acquired and, if available, a driver's license or other form of government identification to include the name and date of birth of the person from whom the material was collected.
B. Every dealer shall keep at his place of business a permanently bound book or ledger in which shall be legibly written with ink in English at the time of each transaction in the course of the dealer's transaction involving a secondhand building fixture that is collected, received, acquired, or purchased by the dealer. Such account shall set forth:
1. A complete and accurate description of the secondhand building fixture that is the subject of the transaction;
2. All information prescribed in subsection A regarding location and, if available, the name and date of birth of the person with whom the dealer conducts the transaction;
3. The license number of the automobile or other vehicle in which the secondhand building fixture was delivered or received; and
4. The number of the permit issued pursuant to § 59.1-118 by the chief of police of the city or town, or the sheriff of the county, in which the transaction involving a secondhand building fixture occurred.
C. Records required by subsection B shall be maintained by the dealer at its normal place of business or at another readily accessible and secure location for a period of 24 months.
Code 1950, § 59-148; 1968, c. 439; 2010, c. 805; 2011, c. 836.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-121. Reports to be made to chief of police or sheriff

Every junk dealer selling or acquiring secondhand building materials of the kind mentioned in § 59.1-117, including persons regularly engaged in the business of collecting or acquiring secondhand building materials for the purpose of resale to a scrap metal purchaser, shall deliver:
1. If the purchase, acquisition, or receipt of the secondhand building fixture occurred in a city or town, to the chief of police of the city or town in which such goods were bought, collected, or received, every day except Sunday before noon, on blank forms to be prescribed and furnished by the chief of police of such city or town:
a. A legible and accurate description of every secondhand building fixture purchased, acquired, or received by him during the next preceding business day;
b. The date and time of the secondhand building fixture's acquisition;
c. If the person is a dealer, the number of his permit issued pursuant to § 59.1-118;
d. The license number of any automobile or other vehicle in which the secondhand building fixture was collected or received;
e. If available, the name and date of birth of the person with whom the dealer conducted the transaction; and
f. If the person is a dealer, a reference to the volume and number of the page where the original entry required by subsection B of § 59.1-120 is made; or
2. If the purchase, acquisition, or receipt of the secondhand building fixture occurred in a county, the same information required by subdivision 1 shall be furnished to the sheriff of the county in which such goods were bought, collected, or received not later than midday of the Saturday following the purchase or receipt of such goods, but the sheriff shall not be required to prepare or furnish blank forms for such reports for use in the county, and the dealer may submit any report which fairly conforms to the requirements of subdivision 1.
Code 1950, § 59-149; 1968, c. 439; 1972, c. 598; 2010, c. 805; 2011, c. 836; 2013, c. 414.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-122. Books and places of business open to inspection

The books required by this article to be kept, and the places of business of all persons engaged in the acquiring, selling, receiving, or purchasing of the articles mentioned in § 59.1-117, shall at all reasonable times be open to the inspection of any police officer, sheriff, or deputy of the county, city, or town in which such place of business is located.
Code 1950, § 59-150; 1968, c. 439; 2011, c. 836.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-123. Exemptions from article

The provisions of this article shall not apply to:
1. The sale of secondhand material mentioned in § 59.1-117 taken from premises occupied by the owner, when sold by such owner on the premises, or the sale of such articles when purchased from a public utility corporation at its place of business or a governmental agency;
2. Scrap metal purchasers as provided in Article 4 (§ 59.1-136.1 et seq.);
3. Authorized scrap sellers;
4. Public utilities;
5. Public transportation companies;
6. Peddlers permitted under § 59.1-118;
7. Industrial and manufacturing companies;
8. Marine, automobile, and aircraft salvage and wrecking companies;
9. Governmental entities; or
10. The donation of secondhand material mentioned in § 59.1-117 by the material's owner or the owner's contractor or subcontractor to a nonprofit corporation as defined in § 501(c)(3) of the U.S. Internal Revenue Code or the sale of such donated material by such a nonprofit corporation.
Code 1950, § 59-151; 1968, c. 439; 2007, c. 917; 2011, c. 836; 2013, c. 414; 2015, c. 626.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-124. Penalty for violation

Any person who violates this article shall be guilty of a Class 3 misdemeanor. A person convicted of a second or subsequent offense under this article is guilty of a Class 1 misdemeanor.
Code 1950, § 59-152; 1968, c. 439; 1972, c. 598; 1988, c. 765; 2010, c. 805.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-125. When unlawful to buy

It shall be unlawful for any person, firm or corporation to barter, purchase, exchange, or buy from any person whomsoever, except plumbers, the owner of buildings from which the material is taken, railroad, coal mining, industrial, manufacturing and public utility companies, or the authorized agents of such companies, lawful owners and junk dealers, licensed in this Commonwealth, any secondhand steel, copper, copper wire, aluminum, aluminum wire, brass, brass bearings or fittings, electric light or gas fixtures, locks or other builders hardware, plumbing fixtures, bell or bell fixtures, lead or brass water pipes or any part of such fixtures or pipes, or any wire, cable, lead, solder, copper, iron or brass used by or belonging to a railroad, telephone, telegraph, coal mining, industrial, manufacturing or public utility company; provided that this section shall not apply to any person, firm or corporation which shall barter, purchase, exchange, buy or accept any secondhand grooved or figure-eight copper trolley wire, bare or insulated heavy stranded copper or aluminum feeder wire, high voltage copper or aluminum transmission wire, or bare or insulated mining machine copper cables, but § 59.1-128 shall be applicable thereto.
Code 1950, § 59-153; 1958, c. 614; 1968, c. 439; 2011, c. 836.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-126. Receipt or bill of sale to be taken by buyer; sales procedures

Any person buying, at public or private sale, any such secondhand articles as are mentioned in § 59.1-125, except those excepted in said section, shall:
1. Take from the seller a properly dated written receipt or bill of sale signed by such seller which shall therein state specifically the seller's address, business, social security number, vehicle license number, and place of residence. If a seller of such articles be not personally known to the buyer or if the seller be unable to write his name, such seller shall produce an adult witness personally known to the buyer to identify the seller and also to sign such receipt or bill of sale as witness, the latter also stating therein his full name, occupation and place of residence. Such receipt or bill of sale shall specifically set forth, by accurate description giving the character, kind, quality, weight, length or size, and other detailed description sufficient to accurately identify the same, each of such articles so purchased and shall be retained by the buyer at his place of business for a period of six months after such purchase; and
2. Make any payment for such articles purchased of $1,000 or more in the form of a check.
Code 1950, § 59-154; 1958, c. 614; 1968, c. 439; 2011, c. 80.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-127. Violation of § 59.1-125 or § 59.1-126 a misdemeanor; revocation of dealer's license

Any person violating any of the provisions of § 59.1-125 or § 59.1-126 shall be guilty of a misdemeanor.
Code 1950, § 59-155; 1958, c. 614; 1968, c. 439; 1972, c. 598; 1988, c. 765.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-128. When unlawful to buy, exchange, etc., secondhand copper or aluminum wire

It shall be unlawful for any person, firm or corporation to barter, purchase, exchange, buy or accept from any person whomsoever, except the manufacturer thereof or his authorized agent, railroad, coal mining, industrial, manufacturing and public utility companies, or the authorized agents of such companies, governmental agencies, and licensed junk dealers, licensed scrap metal dealers, licensed electrical contractors and licensed merchants, any secondhand grooved or figure-eight copper trolley wire, bare or insulated heavy stranded copper or aluminum feeder wire, high voltage copper or aluminum transmission wire, or bare or insulated mining machine copper cables.
Code 1950, § 59-155.1; 1958, c. 614; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-129. Requirements when articles mentioned in § 59.1-128 are bought, exchanged, etc.

A. Any person, firm or corporation which shall barter, purchase, exchange, buy or accept any of the articles mentioned in § 59.1-128, shall comply with the provisions of § 59.1-126 and shall, in addition, tag each lot of said articles with the name of the seller and the date of receipt and shall retain each such lot in his possession so tagged for 30 days in such manner that its separate identity shall be preserved; provided that the requirements of this section for tagging said articles and retaining them in possession shall not be applicable if the receipt or bill of sale required by § 59.1-126 shall contain an authorization naming the agent who delivers the articles and signed by an officer, or by the proprietor, of the manufacturer, or coal mining, industrial, manufacturing, public utility company, governmental agency, licensed junk dealer, licensed scrap metal dealer, licensed electrical contractor or licensed merchant, giving such authorization.
B. Notwithstanding anything in subsection A to the contrary, the provisions of this article shall not apply to scrap metal processors as provided in Article 4 (§ 59.1-136.1 et seq.).
Code 1950, § 59-155.2; 1958, c. 614; 1968, c. 439; 2007, c. 917.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-130. Punishment for violation of § 59.1-128 or § 59.1-129

Any person violating any of the provisions of § 59.1-128 or § 59.1-129 shall be confined in the penitentiary not less than one year nor more than two years, or in the discretion of the court or the jury trying the case, shall be fined not less than $100 nor more than $1,000, or confined in jail for any term not exceeding twelve months, or both. Possession of secondhand articles in violation of the provisions of the above sections shall be prima facie evidence of guilt.
Code 1950, § 59-155.3; 1958, c. 614; 1968, c. 439; 1972, c. 598; 1988, c. 765.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-131. When watch deemed secondhand

A watch shall be deemed to be secondhand if
(1) As a whole or the case thereof or the movement shall have been previously sold to or acquired by any person who bought or acquired the same for his use or the use of another, but not for resale; or
(2) Its case serial numbers or movement numbers or other distinguishing numbers or identification marks shall be erased, defaced, removed, altered or covered.
Code 1950, § 59-156; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-132. Tag to be affixed to watch

Any person, firm, partnership, association or corporation engaged in the business of buying or selling watches, or any agent or servant thereof, who may sell or exchange, or offer for sale or exchange, expose for sale or exchange, possess with the intent to sell or exchange, or display with the intent to sell or exchange any secondhand watch, shall affix and keep affixed to the same a tag with the words "secondhand" clearly and legibly written or printed thereon, and the tag shall be so placed that the words "secondhand" shall be in plain sight at all times.
Code 1950, § 59-157; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-133. Invoice to be furnished to purchaser

Any person, firm, partnership, association or corporation engaged in the business of buying or selling watches, or any agent or servant thereof, who may sell a secondhand watch or in any other way pass title thereto shall deliver to the vendee a written invoice bearing the words "secondhand watch" in bold letters, larger than any of the other written matter upon such invoice. Such invoice shall further set forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the name of the watch or its maker, and the serial numbers (if any), and any other distinguishing numbers or identification marks upon its case and movements. If the serial numbers or other distinguishing numbers or identification marks shall have been erased, defaced, removed, altered or covered, such invoice shall so state. The vendor shall keep on file a duplicate of such invoice for at least five years from the date of the sale thereof, which shall be open to inspection during all business hours by the law-enforcement officers of the county or city in which the vendor is engaged in business.
Code 1950, § 59-158; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-134. Advertisement or display

Any person, firm, partnership, association or corporation, or any agent or servant thereof, who advertises or displays in any manner a secondhand watch for sale or exchange shall state clearly in such advertisement or display that the watch is a secondhand watch.
Code 1950, § 59-159; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-135. Penalty for violation

Any person, firm, partnership, association or corporation, or any agent or servant thereof, who shall violate any of the provisions of this article shall be guilty of a misdemeanor and shall be punished by a fine not to exceed the sum of $500 or by imprisonment not to exceed ninety days, or both.
Code 1950, § 59-160; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-136. Pawnbrokers' auction sales exempted

The provisions of this article shall not apply to pawnbrokers' auction sales of unredeemed pledges when public notice of the fact that watches are rebuilt or are secondhand is given prior to the sale.
Code 1950, § 59-161; 1968, c. 439.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-136.5. Reports of purchases by scrap metal purchasers

If requested by the chief law-enforcement officer of the locality in which the scrap metal purchaser conducts business, every scrap metal purchaser conducting business in the locality shall furnish to the chief law-enforcement officer of the locality in which the scrap metal purchaser conducts business a report of all of the scrap metal purchaser's purchases of nonferrous scrap, metal articles, and proprietary articles, excluding aluminum cans and interior household items. Each report shall (i) be submitted on the next business day following the date of a purchase; (ii) include the seller's name, date of birth, identification number, address, height, and weight and the license number of any motor vehicle in which the goods or things were delivered; and (iii) be submitted in an electronic format if required by the locality in which the scrap metal purchaser conducts business. The form of the report shall be prescribed by the Virginia State Police.
2007, c. 917; 2013, c. 414.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-136.6. Penalties

A. Any scrap metal purchaser who negligently violates any provisions of this article may be assessed a civil penalty not to exceed $7,500 for each violation. Any attorney for the county, city, or town in which an alleged violation of this article occurred may bring a civil action to recover such a civil penalty. The civil penalty shall be paid into the local treasury.
B. Any scrap metal purchaser who knowingly violates any provisions of this article is guilty of a Class 1 misdemeanor.
2007, c. 917; 2013, c. 414.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 9 - Secondhand Articles › § 59.1-136.7. Exemption

Nothing in this article shall apply to the purchase, sale or disposal of any material that is used in the provision of health care by any professional who is licensed, certified or registered to practice by a board within the Department of Health Professions under Title 54.1.
2007, c. 917.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.