28.2-526 - Oyster measures; standards; penalty. - Virginia Statutes

§ 28.2-526. Oyster measures; standards; penalty.

A. It is unlawful for any person to buy or sell oysters in the shell by anymeasure other than one-half bushel or one bushel metallic measures except asprovided in subsection B, C or D of this section. Such measures shall be ironcircular tubs with straight sides and straight bottoms with holes, ifdesired, for draining one inch in diameter. A half-bushel tub shall have thefollowing dimensions, all measured from inside to inside: fifteen inchesacross the top, thirteen inches across the bottom, and seventeen inchesdiagonally from the inside chine to the top; and a bushel tub shall measure18 1/2 inches across the top, seventeen inches across the bottom, and 21 1/2inches diagonally from the inside chine to the top. Oysters harvested fromthe public rocks in the Potomac River or its tributaries may be bought orsold in one bushel metallic measures which shall measure eighteen inchesacross the top, 16 1/2 inches across the bottom, and twenty-one inchesdiagonally from the inside chine to the top. Such metallic measure must belevel full across the entire top of the measure to be considered a fullmeasure.

Any seller of oysters or oyster shells who fails to furnish at the point oflanding a full measure as defined in this section, or a buyer of any seedoysters or oyster shells who accepts less than a full measure as defined inthis section, is guilty of a Class 1 misdemeanor.

B. Oysters may be sold in containers of a size greater than 18 1/2 inchesacross the top, seventeen inches across the bottom, and 21 1/2 inchesdiagonally from the inside chine to the top if such container has beenapproved by the Commissioner and its use to measure oysters has been approvedby both the buyer and seller.

C. On the eastern or ocean side of the Eastern Shore, oysters may be soldwithout being measured if both the buyer and the seller agree to the numberof bushels of oysters in the transaction.

D. Cultured oysters in the shell may be sold in any measure or containeragreeable to the buyer and seller.

(Code 1950, § 28-188; 1960, c. 517; 1962, c. 406, § 28.1-136; 1970, c. 132;1980, c. 33; 1992, cc. 239, 836; 1996, c. 434; 2007, c. 36.)