Any person who commits any of the following acts is guilty of a Class 1 misdemeanor:
1. Imposes false charges for handling or for services in connection with farm products;
2. Fails to account promptly, correctly, fully and properly and to make settlement as provided in this article;
3. Makes false and misleading statements as to market conditions with the intent to deceive;
4. Makes fictitious sales or collusion to defraud the consignor, or enters into any combination to fix prices;
5. Directly or indirectly purchases for his or its own account, farm products, received by him or it on consignment without prior authority from the consignor in writing. This subsection shall not apply to the operators of livestock auction markets who are prohibited from purchasing consigned livestock under the federal Packers and Stockyards Act of 1921 (42 Stat. 159), as amended;
6. Intentionally makes false statements as to grade, condition, markings, quality, or quantity of farm products shipped or packed;
7. Reconsigns farm products as have been consigned to him to another person, unless consent of the consignor has been first obtained in writing, or notice given in writing to the consignor by the licensee that all or a part of such shipment was reconsigned;
8. Sells farm products consigned to him to another person owned or controlled by him, or in which the licensee may have a financial or other interest, either directly or indirectly, unless notice is given, in writing, to the consignor by the commission merchant that all or a part of such shipment was sold to a person in which the licensee has a financial or other interest;
9. Fraudulently or deceptively obtains a license;
10. Fails or neglects to give written notice immediately to the Commissioner and the surety on the bond of the commission merchant, of any changes or alterations in the style, name or personnel of the person to whom such license has been issued; or
11. Fails to comply with the provisions of this article.
Code 1950, § 3-560; 1966, c. 702, § 3.1-718; 1979, c. 389; 2008, c. 860.
Structure Code of Virginia
Title 3.2 - Agriculture, Animal Care, and Food
Chapter 47 - Sale of Farm Produce
§ 3.2-4702. Powers and duties of Director
§ 3.2-4703. Cooperation of U.S. Department of Agriculture
§ 3.2-4705. Division to disseminate information
§ 3.2-4706. Finding markets for producers
§ 3.2-4707. Investigation and correction of improper practices
§ 3.2-4710. Certain activities exempt from article
§ 3.2-4711. License required; application for license to be in writing; contents
§ 3.2-4712. Fee and bond to accompany license
§ 3.2-4713. Applications for renewal licenses
§ 3.2-4714. Disposition of sums received for licenses
§ 3.2-4715. Certified copy of license; fee; posting of license during sale periods
§ 3.2-4716. Bond not required for certain auction sales of livestock
§ 3.2-4718. Execution and terms of bond; action thereon
§ 3.2-4719. Duties and powers of Commissioner with respect to bonds
§ 3.2-4720. Schedule of commissions and charges to be filed
§ 3.2-4721. Investigation of transactions by Commissioner
§ 3.2-4722. Complaint to Commissioner by consignor; Commissioner's action
§ 3.2-4723. Right of entry; administration of oaths; testimony
§ 3.2-4724. Grounds for refusal or revocation of license
§ 3.2-4725. Publication of revocation
§ 3.2-4726. Failure to comply with orders of Commissioner constitutes contempt
§ 3.2-4727. Copies of papers in Commissioner's office as prima facie evidence
§ 3.2-4728. Appeal from orders and actions of Commissioner
§ 3.2-4729. Records to be kept by commission merchant
§ 3.2-4731. Record and account, together with remittance for each sale, to be delivered to consignor
§ 3.2-4732. Copies of records to be kept by commission merchant
§ 3.2-4734. Duty of attorney for the Commonwealth
§ 3.2-4737. Offenses and punishment
§ 3.2-4741. Execution, terms and form of bond; action on bond
§ 3.2-4742. Duties and powers of Commissioner with respect to bonds
§ 3.2-4743. Agricultural Dealers Fund established; disposition of funds
§ 3.2-4744. Records to be kept by dealers
§ 3.2-4745. Copies of contracts to be filed with Commissioner
§ 3.2-4746. Commissioner's authority to inspect
§ 3.2-4747. Refusal or revocation of license
§ 3.2-4748. Hearing before the Commissioner
§ 3.2-4749. Commissioner may enjoin; Attorney General may prosecute
§ 3.2-4750. Operating without a license
§ 3.2-4751. Penalty for violation of article
§ 3.2-4752. Reciprocal agreements with other states and federal government
§ 3.2-4754. License required; application for license or renewal
§ 3.2-4755. License and renewal fee; bond or irrevocable letter of credit required; exemption
§ 3.2-4757. Duties and powers of Commissioner with respect to bonds
§ 3.2-4758. Grain Dealers Licensing and Bonding Fund established; disposition of fees and penalties
§ 3.2-4759. Records to be kept by dealers
§ 3.2-4760. Grounds for refusal or revocation of license
§ 3.2-4761. Procedure for refusal or revocation of license; notice of hearing
§ 3.2-4762. Commissioner's authority to investigate
§ 3.2-4765. License required; application; license fee and bond
§ 3.2-4766. Additional information to be reported by cotton gin each license year
§ 3.2-4767. Execution and terms of bond; action
§ 3.2-4768. Duties and powers of Commissioner with respect to bonds
§ 3.2-4769. Investigation by Commissioner; right of entry and inspection
§ 3.2-4770. Records to be kept by cotton handler
§ 3.2-4771. Record and accounts to be provided to consignor
§ 3.2-4772. Certificate establishing condition, quality, grade to be furnished
§ 3.2-4773. Identification of finished bales of cotton