Chap. 279.—An ACT to amend and re-enact Sections 1 and 10 of an act entitled
‘‘An act to define the terms ‘milk’ and ‘cream’ and ‘pasteurized milk’; to fix and
define the grades thereof; to prohibit the sale or dispensing of milk or cream not of
certain standards; to regulate the production and handling of milk and cream;
to provide for issuing permits and for the revocation of such permits; to provide
penalties for violations; and to repeal Section 1211-A to 1211-1, both inclusive,
of the Code of Virginia, and all other acts or parts of acts in conflict with this
act.’’, approved March 24, 1934. [S B 299]

Approved March 27, 1940

1. Be it enacted by the General Assembly of Virginia, That
sections one and ten of an act entitled ‘‘An act to define the terms
‘milk,’ ‘cream’ and ‘pasteurized milk’; to fix and define the grades
thereof; to prohibit the sale or dispensing of milk or cream not of
certain standards; to regulate the production and handling of milk
and cream; to provide for issuing permits and for the revocation of
such permits; to provide penalties for violations; and to repeal section
twelve hundred and eleven-A to twelve hundred and eleven-I, both
inclusive, of the Code of Virginia, and all other acts or parts of acts
in conflict with this act.’’, approved March twenty-fourth, nineteen
hundred and thirty-four, be amended and re-enacted so as to read
as follows:

Section 1. The following definitions shall apply in the interpre-
tation of this act: (a) Milk.—Milk is hereby 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 a period as may be necessary to render the milk
practically colostrum free.

(b) Cream.—Cream is that portion of milk rich in milk fat
which rises to the surface of the milk on standing or is separated from
it by centrifugal force.

(c) Skimmed Milk.—Skimmed milk is milk from which sub-
stantially all the milk fat has been removed.

(d) The terms ‘pasteurization,’ ‘“‘pasteurized,’’ and similar
terms shall be taken to refer to the process of heating milk to a tem-
perature of approximately one hundred and forty-five degree (145°)
Fahrenheit; never less than one hundred and forty-two degrees
(142°) Fahrenheit, and holding at such temperature for not less than
thirty minutes in pasteurization equipment and by methods approved
by the inspectors of the Division of Dairy and Food of the Depart-
ment of Agriculture and Immigration, and immediately cooled to a
temperature of fifty degrees (50°) Fahrenheit or lower and held at
such temperature until delivered to the consumer. The terms “‘pas-
teurization,’’ ‘‘pasteurized,’”’ and similar terms shall be understood
to include Flash or high-temperature pasteurization by means of
adequate Flash pasteurizing equipment with temperature of not less
than one hundred and sixty-two degrees (162°) Fahrenheit, and holding
at such temperature for not less than sixteen seconds. It is also pro-
vided that if during any period when the General Assembly of Vir-
ginia is not in session other equally efficient methods of pasteurization
shall be developed, the Commissioner of Agriculture and Immigration
shall be authorized, by and with the consent of the Board of Agricul-
ture and Immigration, to approve any such other efficient method of
pasteurization.

(e) Adulterated milk, cream and skimmed millx.—Mulk, cream
or skimmed milk, is regarded as adulterated milk, crzam or skimmed
milk, when found to come under any of the following classifications,
and no person shall sell, offer for sale, distribute or dispense for human
consumption as milk, cream or skimmed milk, or have in his posses-
sion with intent to sell or deliver for human consumg tion:

(1) Milk, cream or skimmed milk to which water or any coloring
matter, preservative, or other foreign substance has lbeen added, or

(2) Milk containing less than three and one-quarter per centum
milk fat, or less than eleven and three-fourths per centum total solids;
or cream containing less than eighteen per centum millx fat; or skimmed
milk which contains less than eight and five-tenths per centum solids
not fat, or

(3) Milk, cream or skimmed milk containing, or which has been
exposed to, any infectious or contagious bacteria.

Section 10. Exemptions.—The provisions of this act shall not be
construed to prohibit the sale of milk directly to consumers by any
person keeping three milch cows or less, but it shall be a violation of
this act for any such person, if not possessing an unrevoked permit,
as hereinabove provided, to sell any milk or to del ver the same for
sale, to any public establishment for resale or for use in the preparation
of food. Any milk sold to consumers must be produ:ed under reason-
ably sanitary conditions that will safeguard such consumers with a
clean and safe milk.