59.1-96 - Offenses and punishments. - Virginia Statutes

§ 59.1-96. Offenses and punishments.

It shall be unlawful for any person to fill with soda waters, mineral oraerated waters, cider, ginger ale, milk, or soft drinks, or other beveragesor with medicine, medical preparations, perfumery, oils, compounds ormixtures, any bottle, box, crate, tin or keg so marked or distinguished asprovided in § 59.1-94 with or by any name, mark or device, of which adescription shall have been filed and published, as provided in such section,or to deface, erase, obliterate, cover up or otherwise remove, or conceal,any such name, mark or device thereon, or to sell, buy, give, take, receive,or otherwise dispose of or traffic in the same without the written consentof, or unless the same shall have been purchased by an agreement in writingfrom, the person whose mark or device shall be or shall have been in or uponthe bottle, siphon, siphon head, crate, tin or keg so filled, trafficked in,used or handled as aforesaid. It shall also be unlawful for any person tosell, buy, rent, or otherwise traffic in any clean laundered or soiledarticles mentioned in this chapter so marked or designated as provided in §59.1-94 with or by any name, mark or device, of which a description shallhave been filed and published, as provided in such section, or to deface,erase, obliterate, cover up or otherwise remove or conceal, any such name,mark or device thereon, or to sell, buy, give, take, receive or otherwisedispose of or traffic in the same without the written consent of, or unlessthe same shall have been purchased by an agreement in writing from, theperson whose mark or device shall be or shall have been in or upon any suchclean laundered or soiled article. Any person offending against theprovisions of this section shall be deemed guilty of a misdemeanor, and shallbe punished for the first offense by imprisonment for not less than ten days,nor more than one year, or by a fine of $5, and in addition thereto fiftycents for each and every such bottle, box, siphon, siphon head, crate, tin,or keg, sold, disposed of, received, bought or trafficked in, or by both suchfine and imprisonment, and for each subsequent offense by imprisonment fornot less than twenty days nor more than one year, or by a fine of not lessthan $50, and in addition thereto $1 for each and every bottle, box, siphon,crate, tin or keg filled, sold, used, disposed of, received, bought ortrafficked in, or by both such fine and imprisonment, in the discretion ofthe judge or jury before whom the offense shall be tried; provided that inthe case of any person offending against the provisions of this sectionrelating to clean laundered or soiled articles such fine for the firstoffense shall be not less than $25 nor more than $200 and for each subsequentoffense, the fine shall be not less than $50 nor more than $400.

(Code 1950, § 59-193; 1958, c. 579; 1968, c. 439.)