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1995 SESSION

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LD6457400
HOUSE BILL NO. 2064 Offered January 23, 1995 A BILL to amend and reenact §§ 61.1-55 and 61.1-59 of the Code of Virginia, relating to burley warehouses. ----------
Patrons--Phillips, Armstrong, Baker, Bennett, Clement, Crouch, Dudley, Jackson, Johnson, Kidd, Kilgore, Reynolds, Ruff, Shuler, Stump and Van Yahres; Senators: Goode, Hawkins, Lucas, Marye, Reasor and Wampler
---------- Referred to Committee on Agriculture ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 61.1-55 and 61.1-59 of the Code of Virginia are amended and reenacted as follows:

§ 61.1-55. Commission and basket charge.

No person, firm, association, corporation, partnership, copartnership or other legal entity, who or which operates any warehouse in which burley tobacco is held for or sold at public auction, shall charge or receive any commission in excess of three percent of the sales price of such tobacco, nor shall any basket charge be in excess of twenty-five cents per basket, which commission and basket charge shall constitute the entire amount charged by the warehouse operator in connection with such storage or sale; provided, however, that on or before the opening day of the market in any year, the warehouse operator may elect to charge a commission of not exceeding seventy-five cents per 100 pounds, which commission shall constitute the entire charge made in connection with the storage or sale of tobacco throughout that market season at the warehouse for which such election is made.

§ 61.1-59. Sales of burley tobacco.

Sales of burley tobacco at warehouses or loosefloors shall be conducted so as to conform to one of the following methods:

(1) Sales to be at the rate of not more than 90,000 pounds per hour, per set of buyers, or

(2) Sales to be at the rate of not more than 360 baskets per hour per set of buyers.

In no instance shall an auction be held on the premises of a warehouse licensed for storage under the United States Warehouse Act, 7 U.S.C. §§ 241 through 273 (1992).