Virginia Code 3.2-5408: Prohibitions against unauthorized use of any official marks.
A. No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Commissioner.
Terms Used In Virginia Code 3.2-5408
- Board: means the Board of Agriculture and Consumer Services. See Virginia Code 3.2-100
- Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
- Label: means a display of written, printed, or graphic matter upon any article or the immediate container (not including package liners) of any article. See Virginia Code 3.2-5400
- Official certificate: means any certificate prescribed by regulations of the Board for issuance by an inspector or other person performing official functions under this article. See Virginia Code 3.2-5400
- Official device: means any device prescribed or authorized by the Commissioner for use in applying any official mark. See Virginia Code 3.2-5400
- Official mark: means the official inspection legend or any other symbol prescribed by regulations of the Board to identify the status of any article or livestock or poultry under this article. See Virginia Code 3.2-5400
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
B. No person shall:
1. Forge any official device, mark, or certificate;
2. Without authorization from the Commissioner, use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate;
3. Contrary to the regulations prescribed by the Board, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;
4. Knowingly possess, without promptly notifying the Commissioner any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal (including poultry), or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;
5. Knowingly make any false statement in any shipper’s certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Board; or
6. Knowingly represent that any article has been inspected and passed, or exempted, under this article when, in fact, it has, respectively, not been so inspected and passed, or exempted.
1970, c. 290, § 3.1-884.23; 2008, c. 860.