CHAP. 382.—An ACT to regulate the distribution and sale of milk and cream,
to define and fix standards for said milk and cream, to provide for bio-
assays of certain milk, and to provide for the payment for such assays, and
for the disposition of funds collected. [S B 223]

Approved March 31, 1938

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. This act is hereby declared to be for the purpose of
rotecting the public health and to prevent deception in the sale of.
alk and cream.

Section 2. No milk shall be sold or offered for sale as Vitamin D
lilk unless it contains at least one hundred and thirty-five United
tates Pharmacopoeia XI units per quart.

Section 3. Milk may be fortified with Vitamin D by such methods
nly as are approved by the Commissioner of Agriculture and Immigra-
jon, acting through the Director of the Division of Dairy and food
yf the Department of Agriculture and Immigration.

Section 4. When milk has been fortified with Vitamin D, this fact
must be declared on the label on the container, and the source of the
vitamin must also be shown on the said label.

Section 5. Whenever milk is offered for sale as Vitamin D Milk,
representative samples of such milk must be bio-assayed periodically
by a bio-chemist of the Division of Chemistry of the Department of
Agriculture and Immigration, under rules and regulations adopted by
the Board of Agriculture and Immigration. The cost of such assays
must be paid by the seller or distributor of such milk as a part of the
necessary cost of producing milk which is offered for sale as Vitamin
D Milk. Such cost of assays shall not exceed One Hundred and Five
Dollars per year, when positive results are found on all assays; but
when negative results are found, the seller or distributor must pay the
cost of such additional assays as, in the opinion of the Director of the
Division of Dairy and Food, may be necessary to insure the vitamin
potency of such milk.

Section 6. The Commissioner of Agriculture and Immigration,
acting through the Director of the Division of Dairy and Food, is
authorized and required to enforce the provisions of this act, and .he
is hereby empowered to determine the reasonable cost of the assays
provided for in the preceding section and to collect the same.

Section 7. All moneys collected under the provisions of sections
five and six shall be paid into the Treasury of the State and shall be
placed in the General Fund to the credit of an account to be known
as the “Vitamin D Milk Account”, and such amount as may be neces-
sary hereby is appropriated out of such Vitamin D Milk Account for
the payment of the cost of assays of Vitamin D Milk as provided in
this act.

Section 8. The Board of Agriculture and Immigration is hereby
authorized to adopt regulations, within the purview and scope of this
act, to carry out the provisions of the act. :

Section 9. It shall be a violation of this act to sell any milk as
Vitamin D Milk or to offer the same for sale, without having complied
with the provisions of the act governing the sale of Vitamin D Milk.
Any violation of the provisions of this act or failure to comply with
such provisions shall be a misdemeanor and punishable as such.

Section 10. The following grades of milk and cream, which shall
be in addition to any grades heretofore specified by law, may be used
in the sale and distribution of milk and cream in Virginia: Grade ‘AA
raw and Grade ‘AA’ pasteurized milk and cream, which shall conform
with all the items of sanitation specified by law for Grade ‘A’ raw
except that on some items more stringent requirements are hereinafte:

xed:

For the production of both of these grades a separate barn anc
milk house shall be provided.
All milk and cream of these grades must be sold in bottles, and all
bottles containing these grades of milk and cream must be capped tc
protect the pouring lip from contamination by handling.

GRADE “AA” Raw

In addition to meeting grade “A” raw requirements, grade “AA”
raw milk and cream must be cooled immediately to fifty degrees Fahren-
heit or lower and held at such temperature until delivered to the con-
sumer. , ,

Grade “AA” raw milk and cream sold in its raw state to the con-
sumers must be produced on dairy farms scoring at least ninety points
on the score card of the Division of Dairy and Food of the Department
of Agriculture and Immigration, or on similar score card, and of the
ninety points, at least fifty points must be for methods.

Grade “AA” raw milk shall have an average bacteria count not to
exceed twenty-five thousand per cubic centimeter when delivered to
the consumer. : |

Herds not in an area certified free of Bang’s disease producing grade
“AA” raw milk and cream to be sold in its raw state to consumers
shall be free from Bang’s disease as evidenced by certificates of tests,
which shall be filed with the Division of Dairy and Food of the De-
partment of Agriculture and Immigration. All persons engaged in the
production, handling and care of this grade of milk and cream must
be free from infectious disease as determined by medical examination
by the health officer or by a qualified physician.

GRADE “AA” PASTEURIZED

_ In addition to meeting grade “A” raw requirements, grade “AA”
pasteurized milk and cream must be cooled immediately to sixty de-
grees Fahrenheit or lower and held at such temperature until delivered
to the pasteurizing or distributing plant. |

Grade “AA” pasteurized milk shall have an average bacterial count
not to exceed fifty thousand per cubic centimeter before pasteurization
and five thousand per cubic centimeter after pasteurization.

Dairies producing grade “AA” raw milk and cream for pasteuriz-
ing only shall score at least eighty-five points on the score card of the
Division of Dairy and Food of the Department of Agriculture and
Immigration, or on similar score card, and of the eighty-five points at
least forty-five points must be for methods.

Section 11. It shall not be deemed a violation of law to standard-
ize the milk fat content of milk or cream by the addition of whole
milk, skimmed milk or cream of the same quality, grade and freshness ;
provided, however, that the resulting standardized milk or cream must
comply with the standards for milk or cream fixed by law. It is also
provided that this definition shall not exclude milk fortified with Vita-
min D, by any method approved by the American Medical Association.

Section 12. For the purposes of this act milk is defined to be the
whole, fresh, clean, lacteal secretion obtained by the complete milking
of one or more healthy cows, excluding that obtained before and after
calving for such period as may be necessary to render the milk colostrum
free; and for the purposes of this act cream is defined to be that portion
or milk rich in milk fat which rises to the surface of milk on standing or
is separated from it by centrifugal force and which contains not less
than eighteen per centum of milk fat and not more than two-tenths of
one per centum of acid-reacting substance, calculated in terms of lactic
acid.

Provided, however, that for evaporated or condensed milk sold in
hermetically sealed containers, the assay report of any assaying insti-
tution approved by the Federal authorities for interstate shipment shall
be recognized by the Commissioner of Agriculture.