Chap. 390.—An ACT to provide for the inspection of sweet cream and ice
cream mix imported into the State of Virginia. [S B 277]

Approved March 31, 1938

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

Section 1. That it shall- be unlawful and a violation of this act
for any person, firm or corporation outside of this State to send or
cause to be sent into the State of Virginia any sweet cream or ice
cream mix 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. The permit shall be issued only
after the payment of a fee of twenty-five dollars. The permit shall
be conditioned upon a compliance by the applicant or holder with all
of the provisions of this act and may be revoked for any violation
of such provisions; provided that no permit shall be revoked until
the holder thereof shall have been accorded a hearing on the merits
of such revocation, of which hearing he shall receive a notice in writing
at least ten days in advance of the same. The permit must be renewed
on the first day of January of every year, upon the payment of the
said permit fee of twenty-five dollars for each such renewal.

Section 2. All plants outside of the State of Virginia, from which
sweet cream or ice cream mix are being shipped into the State of
Virginia shall conform to the requirements of this State (applicable
to sweet cream for manufacture into ice cream and ice cream mix
respectively) on building, equipment, sanitary methods and. quality of
product. The Director of the Division of Dairy and Food of the
Department of Agriculture and Immigration shall at frequent inter-
vals and at least once in each year inspect every such plant; provided
that in lieu of such inspection, the said Director may accept certificates
of inspections made by approved city or State inspection services.
The person owning and operating such plants, or applying for, or hold-
ing permits on the same, shall pay all expenses incident to such
inspections. The Director of the Division of Dairy and ‘Food or
his representative shall be permitted to inspect the premises of the
shipper and producers at all times.

Section 3. No sweet cream shall be imported into the State of
Virginia that contains more than two hundred thousand bacteria per
cubic centimeter, and no ice cream mix that contains more than one
hundred thousand bacteria per cubic centimeter, nor shall sweet cream
contain any neutralizer, preservative or other adulterant. The acidity
of such sweet cream shall not exceed two-tenths of one per cent, and
the average reduction time under the reductase test shall be not less
than three and one-half hours.
Section 4. The shippers shall plainly mark on each container of
sweet cream or ice cream mix shipped into the State of Virginia the
following information: (a) The name and address of the consignor
and of the consignee; (b) The description of the contents; (c)
The importation permit number; (d) The date of shipment, and
the date of pasteurization if pasteurized. The shipper shall notify
the Director of the Division of Dairy and Food of every shipment
of sweet cream or ice cream mix into the State of Virginia, and such
notice shall include the amount of such shipment and also all the
other information hereinabove required to be shown on the containers.
The provisions of this act as to permits and notice shall not apply to
dairy farm producers from other states marketing their own sweet
cream in the State of Virginia.

Section 5. It shall be unlawful and a violation of this act for any
person, firm or corporation to bring, or cause to be brought, or im-
port, or receive, or have in possession any sweet cream or ice cream
mix originating from any source other than in the State of Virginia
except when shipped by a person, firm or corporation holding an
unrevoked importation permit under section one of this act, and unless
the containers are marked with the information specified in section
four of this act. The Director of the Division of Dairy and Food,
or his authorized representative, shall have authority at all times to
inspect the premises of any person, firm or corporation within the
State of Virginia, when necessary for the purposes of enforcing the
provisions of this act.

Section 6. All funds collected under the provisions of this act
shall be paid into the State treasury, and shall be, and are hereby,
appropriated to be used, subject to the approval and consent of the
Board of Agriculture and Immigration, to carry out and enforce the
provisions of this act.