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Virginia Statutes, Title 59.1

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Title 59.1, Trade and Commerce

126 chapters · 809 sections in this title.

All chapters in Title 59.1809 Ch 43, Uniform Computer Information Transac…107 Ch 29, Horse Racing and Pari-mutuel Wagering.48 Ch 9, Secondhand Articles.29 Ch 24, Virginia Health Club Act.26 Ch 25, Virginia Membership Camping Act.24 Ch 6.1, Registration and Protection of Trade…22 Ch 12, Motor Fuels and Lubricating Oils.20 Ch 2.2, Virginia Petroleum Products Franchis…19 Ch 42.1, Uniform Electronic Transactions Act.19 Ch 1.1, Virginia Antitrust Act.17 Ch 17, Virginia Consumer Protection Act.15 Ch 49, Enterprise Zone Grant Program.13 Ch 23.2, Retail Tobacco Products and Nicotine…13 Ch 8, Timber Brands.12

809 sections·Filtered byTitle 59.1✕

Va. Code Ann. § 59.1-135 Penalty for violation
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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 nine…
Va. Code Ann. § 59.1-136 Pawnbrokers' auction sales exempted
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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.
Va. Code Ann. § 59.1-136.1 Definitions
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For the purpose of this article: "Authorized scrap seller" means licensed plumbers, electricians, HVAC contractors, building and construction contractors, demolition contractors, construction and demolition debris contractors, public utilities, transportation companies, industria…
Va. Code Ann. § 59.1-136.2 Purchases of ferrous scrap
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Except as provided in § 59.1-136.4, scrap metal processors may purchase ferrous scrap directly from any person.

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Va. Code Ann. § 59.1-136.3 Purchases of nonferrous scrap, metal articles, and proprietary articles

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A. Except as provided in § 59.1-136.4, scrap metal purchasers may purchase nonferrous scrap, metal articles, and proprietary articles from any person who is not an authorized scrap seller or the authorized agent and employee of an authorized scrap seller only in accordance with t…

Va. Code Ann. § 59.1-136.4 Purchases of materials from minors

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Scrap metal processors shall not purchase ferrous scrap, nonferrous scrap, metal articles, proprietary articles, or other scrap metal from any person under the age of 18 years.

Va. Code Ann. § 59.1-136.5 Reports of purchases by scrap metal purchasers

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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 purc…

Va. Code Ann. § 59.1-136.6 Penalties

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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…

Va. Code Ann. § 59.1-136.7 Exemption

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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.

Va. Code Ann. § 59.1-137 Definition

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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 pow…

Va. Code Ann. § 59.1-138 Record of sales required; signing by purchasers; sales to persons under eighteen prohibited

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(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 pu…

Va. Code Ann. § 59.1-139 Persons possessing explosives to give notice of theft

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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.

Va. Code Ann. § 59.1-140 Effect of chapter upon municipal regulation

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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, ru…

Va. Code Ann. § 59.1-141 Penalty

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Any person who violates any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be punished accordingly.

Va. Code Ann. § 59.1-9.1 Short title

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This chapter may be known and cited as the "Virginia Antitrust Act."

Va. Code Ann. § 59.1-9.10 Investigation by Attorney General of suspected violations; civil investigative demand to witnesses; access to business records, etc

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A. Whenever it shall appear to the Attorney General, either upon complaint or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act or practice prohibited by this chapter, the Attorney General may in his discretion either require or permit…

Va. Code Ann. § 59.1-9.11 Penalty for flagrant violations

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In any action or proceeding brought under subsection A of § 59.1-9.15 the court may assess for the benefit of the Commonwealth a civil penalty of not more than $100,000 for each willful or flagrant violation of this chapter. No civil penalty shall be imposed in connection with an…

Va. Code Ann. § 59.1-9.12 Personal suit for injunction or actual damages

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A. Any person threatened with injury or damage to his business or property by reason of a violation of this chapter may institute an action or proceeding for injunctive relief, disgorgement, and other forms of equitable monetary relief as the court deems appropriate when and unde…

Va. Code Ann. § 59.1-9.13 Effect of conviction in other proceedings

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A final judgment or decree to the effect that a defendant has violated this chapter, other than a consent judgment or decree entered before any testimony has been taken, in an action or proceeding brought under subsection A of § 59.1-9.15 is prima facie evidence against that defe…

Va. Code Ann. § 59.1-9.14 Limitation of actions

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A. An action under subsection A of § 59.1-9.15 to recover a civil penalty is barred if it is not commenced within four years after the cause of action accrues. B. An action under subsection B of § 59.1-9.12 or subsection B of § 59.1-9.15 to recover damages is barred if it is not …

Va. Code Ann. § 59.1-9.15 Actions on behalf of Commonwealth or localities; injunctive and other equitable relief; damages

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A. The Attorney General on behalf of the Commonwealth, or the attorney for the Commonwealth or county attorney on behalf of a county, or the city attorney on behalf of a city, or the town attorney on behalf of a town may institute actions and proceedings for injunctive relief, di…

Va. Code Ann. § 59.1-9.16 Remedies cumulative

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The remedies in this chapter are cumulative.

Va. Code Ann. § 59.1-9.17 Construction of chapter

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This chapter shall be applied and construed to effectuate its general purposes in harmony with judicial interpretation of comparable federal statutory provisions.

Va. Code Ann. § 59.1-9.2 Purpose of chapter

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The purpose of this chapter is to promote the free market system in the economy of this Commonwealth by prohibiting restraints of trade and monopolistic practices that act or tend to act to decrease competition. This chapter shall be construed in accordance with the legislative p…

Va. Code Ann. § 59.1-9.3 Definitions

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When used in this chapter, unless the context requires a different meaning: "Commodity" includes any kind of real or personal property. "Person" includes any natural person; any trust or association of persons, formal or otherwise; or any corporation, partnership, company, or oth…

Va. Code Ann. § 59.1-9.4 Certain activities not prohibited

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A. No provision of this chapter shall be construed to make illegal: 1. The activities of any labor or professional organization or of individual members thereof that are directed solely to labor or professional objectives legitimate under the laws of the Commonwealth or the Unite…

Va. Code Ann. § 59.1-9.5 Contracts, etc., in restraint of trade unlawful

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Every contract, combination or conspiracy in restraint of trade or commerce of this Commonwealth is unlawful.

Va. Code Ann. § 59.1-9.6 Monopolies unlawful

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Every conspiracy, combination, or attempt to monopolize, or monopolization of, trade or commerce of this Commonwealth is unlawful.

Va. Code Ann. § 59.1-9.7 Discriminatory practices unlawful; proof; payment or acceptance of certain commissions, etc., unlawful

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A. It is unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities or services of like grade and quality, where either or any of the purchasers involved in such …

Va. Code Ann. § 59.1-9.8 Forum; restraining orders and injunctions; penalties

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Actions and proceedings for violations of this chapter shall be brought in the circuit courts of this Commonwealth. Those courts may issue temporary restraining orders and injunctions to prevent and restrain violations of this chapter, and may award the damages and impose the civ…

Va. Code Ann. § 59.1-9.9 Venue

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The venue for all actions and proceedings for violations of this chapter shall be as specified below in this section. The circuit court of the county or city wherein any defendant: (i) resides; or (ii) regularly or systematically conducts affairs or business activity; or (iii) ha…

Va. Code Ann. § 59.1-149 Definitions

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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 i…

Va. Code Ann. § 59.1-150 Motor fuel subject to inspection and testing

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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…

Va. Code Ann. § 59.1-151 Statements to be filed by manufacturers, wholesalers and jobbers

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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, trad…

Va. Code Ann. § 59.1-152 Collection and analysis of samples

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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 …

Va. Code Ann. § 59.1-153 Methods of making inspection

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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 …

Va. Code Ann. § 59.1-154 Inspection and testing under supervision of Commissioner

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Inspection and testing of such motor fuel or lubricating oil shall be under the direction of the Commissioner.

Va. Code Ann. § 59.1-155 Prohibiting sale of defective motor fuel

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The Commissioner may prohibit the sale of motor fuel that does not meet the specifications as provided in this chapter or regulations adopted thereunder.

Va. Code Ann. § 59.1-155.1 Engine coolant and antifreeze bittering agent; penalty

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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 a…

Va. Code Ann. § 59.1-156 Rules and regulations

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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 …

Va. Code Ann. § 59.1-157 Complaints to Commissioner

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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.

Va. Code Ann. § 59.1-162 Cooperation by state agencies

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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.

Va. Code Ann. § 59.1-162.1 Direct fueling of commercial vehicles authorized; conditions

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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…

Va. Code Ann. § 59.1-163 Penalty for violation

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Any person selling any motor fuel or lubricating oil which does not comply with the specifications provided in this chapter, or violating any of the provisions of the chapter, shall be guilty of a Class 1 misdemeanor. Any dealer in any motor fuel who receives motor fuel meeting t…

Va. Code Ann. § 59.1-164 Duty of attorney for the Commonwealth

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It shall be the duty of the attorney for the Commonwealth of the respective cities and counties to prosecute all violations of the provisions of this chapter, when certified to him by the Commissioner.

Va. Code Ann. § 59.1-165 Chemical analysis as evidence

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A certificate of analysis of any motor fuel or lubricating oils shall be admitted into evidence in any case relating to such motor fuel or lubricating oil that involves an alleged violation of this chapter or regulation adopted thereunder, provided that the requirements of subsec…

Va. Code Ann. § 59.1-166 Enforcement by Commissioner

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It shall be the duty of the Commissioner to enforce the provisions of this chapter.

Va. Code Ann. § 59.1-167 Conflicting local laws and ordinances prohibited

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Cities, towns, counties and other political subdivisions of this Commonwealth are prohibited from passing any laws or ordinances relating to the inspection and testing of motor fuel and lubricating oil as defined in § 59.1-149 inconsistent with the provisions of this chapter.

Va. Code Ann. § 59.1-167.1 Labeling of motor fuels; notification to reseller

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A. Every dispensing device used in the retail sale of any motor fuel shall identify the motor fuel and be labeled in accordance with Section 3 of the Uniform Fuels and Automotive Lubricants Regulation published by the National Institute of Standards and Technology in Handbook 130…

Va. Code Ann. § 59.1-167.2 Civil penalties

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A. In addition to the penalties prescribed in § 59.1-163, any person violating any provision of this chapter or regulation adopted thereunder may be assessed a civil penalty by the Board in an amount not to exceed $1,000 per violation. In determining the amount of any civil penal…