Chap. 391.—An ACT to amend and re-enact section 1215 of the Code of Virginia,
as heretofore amended, relating to ice cream and other frozen products, and
to repeal sections 1216 and 1217 of the Code of Virginia, and any and all
acts amendatory thereof relating to the same subjects. [H B 229]

Approved March 30, 1934

I. Be it enacted by the General Assembly of Virginia, That sec-
tion twelve hundred and fifteen of the Code of Virginia, as heretofore
amended, be amended and re-enacted so as to read as follows:

Section 1215. (a) Ice cream is hereby defined to be a frozen
product made from pure cream and/or sweet milk, evaporated or con-

densed milk, evaporated or condensed skim milk, dry milk or dry skim
milk, pure milk fat, wholesome sweet butter, or any such products, with
sugar or honey and with or without fresh eggs or wholesome egg
products, harmless flavoring and coloring, and pure edible gelatine or
stabilizer not to exceed six-tenths of one per centum. All plain ice
cream must contain not less than ten per centum (10%) by weight of
milk fat and not less than thirty-five per centum (35%) by weight of
total solids, and must weigh not less than four and one-half pounds
per gallon as of finished product.

Fruit ice cream is a frozen product made as ice cream as herein
defined with the addition of sound, clean fruits, and contains not less
than eight per centum (8%) of milk fat, thirty-five per centum (35%)
total solids, and must weigh not less than four and one-half pounds
per gallon as of finished product.

Nut ice cream is a frozen product made as ice cream, as herein
defined, with the addition of sound, non-rancid nuts, and contains not
less than eight per centum (8%) of milk fat, thirty-five per centum
(35%) total solids, and must weigh not less than four and one-half
pounds per gallon as of finished product.

Chocolate ice cream is ice cream as herein defined and must con-
tain not less than eight per centum (8%) milk fat, thirty-five per
centum (35%) total solids, and must weigh not less than four and
one-half pounds per gallon, and may contain chocolate or cocoa for
flavoring.

Frozen custard and French ice cream is a frozen product made
as ice cream as herein defined, and must contain not less than eight
per centum (8%) milk fat, thirty-three per centum (33%) total solids,
two and one-half dozen egg yolks or the equivalent thereof of whole-
some egg powder, for each forty-six pounds of mixture prepared for
frozen custard or French ice cream.

Water ice is a frozen product made of a mixture of water, sugar
and harmless flavors and colors and a standard amount of stabilizer
and frozen as ice cream.

Milk sherbet is a product frozen as ice cream, which may contain
whole milk, skim milk and/or condensed skim milk and may have a
portion of ice cream mix added thereto, but must not contain more
than three per centum (3%) of milk fat. It may contain sugar,
harmless flavor and certified coloring matter and a standard amount
of stabilizer.

The term “pasteurization,” “pasteurized,” and similar terms shall
be taken to refer to the process of heating every particle of milk or
milk products to a temperature of not less than one hundred and forty-
two degrees Fahrenheit, and holding at such temperature for not less
than thirty minutes.

Pasteurization up to one hundred and sixty degrees may be per-
mitted if held at this temperature for ten minutes, or if heated to a
temperature of one hundred and seventy degrees Fahrenheit or above

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may be cooled immediately. All milk or milk products used in the
‘manufacture of ice cream or similar products defined in this act shall be
made of graded milk and cream or it must be pasteurized.

(b) All ice cream, custard, ices, sherbets and frozen novelties shall
be deemed adulterated when found below the minimum standards of
frozen products defined in this act or which contain any added ingredi-
ents which will render it injurious to health, or which contains any
fat other than milk fat except as contained in cocoa used in chocolate
ice cream or in chocolate coating for ice cream and other frozen
products.

(c) It shall be unlawful for any person, firm, association or cor-
poration to manufacture in the State of Virginia or bring into or
receive in the State of Virginia, for sale or to sell or offer for sale
therein, or to distribute any ice cream or frozen products as defined
in this act who does not possess an unrevoked permit from the Com-
missioner of Agriculture and Immigration issued by the Director of
the Division of Dairy and Food. Such permits may be suspended or
revoked upon the violation of any of the terms of this act by authority
of the Commissioner of Agriculture and Immigration acting through
the Director of the Division of Dairy and Food. Application for permit
shall be made in writing to the Director of the Division of Dairy and
Food of the Department of Agriculture and Immigration.

(d) All buildings, rooms and places where ice cream and/or similar
products are manufactured must be well lighted, ventilated and effec-
tively screened. The floor must be made of concrete or other impervi-
ous material and must be graded to drain properly. The floor must
be flushed with water often enough to keep it clean. The walls and
ceilings must be constructed so as to permit easy cleaning. The walls
and ceiling must be painted with a light colored paint as often as
deemed necessary by the inspectors. All storage rooms and storage
cabinets used for the storage of ice cream must be used only for the
storage of ice cream, ices, sherbets and milk products.

Every place in which ice cream is manufactured must be provided
with a sanitary toilet constructed and operated in accordance with the
regulations of the State Board of Health.

The minimum pasteurizing equipment shall be a pasteurizer or
pasteurizers of an approved type, in good repair, and equipped with
an indicating thermometer. Washing facilities shall be provided in-
cluding wash basin, soap and towels.

All cans and utensils used in the manufacture, handling, storage
and transportation of ice cream and similar frozen products must be
thoroughly washed and rinsed between each usage.

Shipping bags and insulated jackets shall be clean when leaving
the ice cream plant.

All apparatus, sanitary pipes, cans and utensils used in the manu-
facture and handling of ice cream and similar products must be steri-
ized between each usage with steam or boiling water. If boiling

water is used for sterilization a separate metal vat of sufficient size
must be provided in which to submerge cans and utensils for at least
three minutes.

(e) When suspicion arises as to the possibility of transmission of
infection from any person concerned with the manufacture and handling
of ice cream or similar products the Commissioner of Agriculture and
Immigration acting through the Director of the Division ot Dairy and
Food is authorized to require the following: (1) the immediate ex-
clusion of that person from making or handling ice cream. (2) Ade-
quate medical and bacteriological examination of the person, of his
associates, and of his or their bodily discharges.

All persons coming in contact with processing and handling of
frozen products defined in this act shall wear clean clothing and shall
keep their hands clean at all times while thus engaged.

Chewing tobacco and smoking in rooms used for the manufacture
and handling of ice cream and similar products is prohibited.

(f) Nothing in this act shall be construed to apply to ice cream
and similar frozen products manufactured and sold by social, fraternal,
charitable, educational and religious organizations, provided that the
standards of purity and quality outlined in this act are maintained.

The State Board of Agriculture and Immigration is hereby author-
ized to make rules and regulations for the proper enforcement of this
act.

(g) Any person, firm, association or corporation who shall violate
any provisions of this act shall be fined not less than ten dollars
($10.00) nor more than one hundred dollars ($100.00). Each viola-
tion shall constitute a separate offense.

(h) Should any section, paragraph, sentence, clause or phrase of
this act be declared unconstitutional or invalid for any reason the re-
mainder of said act shall not be affected thereby.

Be it further enacted by the General Assembly of Virginia, That
sections twelve hundred and sixteen, as heretofore amended, and
twelve hundred and seventeen of the Code of Virginia, be, and they
are hereby, repealed.