Chap. 259.—An ACT to amend and re-enact Section 2 of an act entitled ‘‘An act to
provide for the supervision, regulation and control of the production, processing,
transportation, storage, distribution, and sale of milk and cream; to create a
Milk Commission and local milk boards and to define and provide for the func-
tions, duties and powers thereof; to provide for the appointment, suspension,
removal, compensation, costs, and expenses of such commission and boards and
the members, officers, agents and employees thereof; to provide for licensing
processors, bottlers, wholesalers, distributors and retailers of milk and cream,
or either; to provide for the raising of funds for the administration of this act
and to provide for the disposition of revenue collected hereunder and to impose
penalties for violations of the provisions of this act,’’ approved March 29, 1934,
relating to the appointment, qualifications, compensation and functions of the
Milk Commission. [S B 192]

Approved March 27, 1940

1. Be it enacted by the General Assembly of Virginia, That
section two of an act entitled ‘‘An act to provide for the supervision,
regulation and control of the production, processing, transportation,
storage, distribution, and sale of milk and cream; to create a Milk
Commission and local milk boards and to define and provide for the
functions, duties and powers thereof; to provide for the appointment,
suspension, removal, compensation, costs, and expenses of such com-
mission and boards and the members, officers, agents and employees
thereof; to provide for licensing processors, bottlers, wholesalers, dis-
tributors, and retailers of milk and cream, or either; to provide for
the raising of funds for the administration of this act and to provide
for the disposition of revenue collected hereunder and to impose
penalties for violations of the provisions of this act, ‘approved March
twenty-ninth, nineteen hundred and thirty-four, be amended and re-
enacted so as to read as follows:
Section 2. Milk Commission.—(a) There is hereby created a
Milk Commission, consisting of three members, one of whom shall
be a producer of milk who is not directly or indirectly engaged in the
distribution thereof, one shall be engaged in the business of processing
and distributing milk and shall not be directly or indirectly engaged
in the production thereof, and the third member shall have no con-
nection financially or otherwise with the production or distribution
of milk or products derived therefrom, who shall be appointed by
the Governor of Virginia to hold office at the pleasure of the Governor
and may be removed at any time by the Governor. Any vacancies
occurring shall be filled by appointment by the Governor. One
member of said commission shall act as chairman, as designated by
the Governor. The technical and other services for such commission
shall be performed, so far as practicable, by forces and officers in the
Department of Agriculture and Immigration, the Virginia Agricultural
Extension Division of the Virginia agricultural experiment station,
without additional compensation. The Milk Commission may
appoint and, at pleasure, remove the secretary of the Milk Commis-
sion and any such additional technical and other assistants and
employees as may be necessary to carry out the provisions of this
act, and to prescribe their powers and duties.

(b) The members of the Milk Commission shall be paid each
the sum of ten dollars per day for each day actually spent in the
performance of their official duties, plus their actual and necessary
expenses.

(c) The commission shall fix the compensation of the secretary
of the Milk Commission and other employees.

(d) The secretary shall, subject to the limitations herein con-
tained and the rules and regulations of the commission, enforce the
provisions of this act, but no official act shall be taken, rule or regula-
tions be promulgated, or official order made or enforced, with respect
to the provisions of this act, without the approval of the majoirty of
the members of the commission.

(e) The principal offices of the commission shall be in the city of
Richmond, in rooms assigned by the director of the division of grounds
and buildings.

(f) Two members of the commission shall constitute a quorum.

(g) The distributor member herein provided for shall be appointed
by the Governor on or before August first, nineteen hundred forty.