Chap. 284.—An ACT to amend and re-enact Section 1173 of the Code of Virginia,
as heretofore amended, relating to licenses for and records and reports of certain
creameries, cheese plants, condensed milk plants, ice cream plants, milk dis-
tributing plants, and milk and cream buying stations, so as to provide for revoca-
tion of licenses for certain violations of the provisions of this section.

[S B 308]
Approved March 27, 1940

1. Be it enacted by the General Assembly of Virginia, That
section eleven hundred and seventy-three of the Code of Virginia, as
heretofore amended, be amended, and re-enacted so as to read as
follows:

Section 1173. Licensing of Creameries, Et Cetera; Reports and
Records Required; Penalties—-(a) It shall be the duty of the pro-
prietor or proprietors of every creamery, cheese plant, condensed
milk plant, ice cream plant, milk distributing plant, and milk and
cream buying station in this State where milk or cream is received,
by purchase or otherwise, to apply to the Commissioner of Agriculture
and Immigration, upon blanks furnished by the said commissioner,
for a license for each separate place of business, the said application
to be accompanied in each case by a license fee of ten dollars. The
said license shall be issued by the Commissioner of Agriculture and
Immigration, after an adequate inspection by an authorized repre-
sentative or agent of the said commissioner, and the license issued
shall be displayed in a conspicuous place in the office or on the inside
wall of the creamery, plant or station for which issued. All such
licenses shall expire on the thirty-first day of December next following
the date of issuance. The said license shall be conditioned on the
compliance with the provisions of this section by the licensee, or by
his employees acting within the scope of their employment, and the
failure so to comply shall be a ground for the revocation of the license.

(b) It shall be the duty of the proprietor or proprietors of every
creamery, cheese plant, condensed milk plant, ice cream plant, milk
distributing plant and milk or cream buying station in this State,
where milk or cream is received, by purchase or otherwise, to file
on or before April first of each year, upon blanks furnished by the
Commissioner of Agriculture and Immigration a report with the said
commissioner showing the amount of milk and cream received by
the said creamery, cheese plant, condensed milk plant, ice cream
plant, milk distributing plant or milk or cream buying station during
the year ending December thirty-first next preceding; the said report
shall also show the amount of butter, cheese, condensed milk, ice
cream and other dairy products manufactured during such year.

(c) Records of the purchase of cream shall be kept at each such
creamery, plant or station, and shall show the date of purchase, the
net pounds of cream purchased, the test for butter-fat, the price per
pound of butter-fat, and the total amount paid therefor, in such
manner as may be required by the said commissioner. When pay-
ment for cream is made in cash, a receipt signed by the person to
whom such payment is made shall be kept among the records; and
when payment is made by check, the cancelled checks shall be re-
turned within thirty days from the date of clearance and kept at
each such creamery, plant or station from which such checks were
issued, for a period of six months from the date of such clearance,
unless facsimile impression copies of all such checks or receipts are
kept among the records. All such records shall be available for in-
spection by any authorized representative or agent of the said com-
missioner, including the record of payment therefor. The falsifica-
tion of such records, or the failure to keep the same in the manner
required by the said commissioner, including the record of payment
therefor, or the false manipulation or over-reading o- under-reading
of the Babcock test as a basis for payment in buying or selling, by
the holder of a license required by this section or bv any employee
of such holder, shall be a ground for the revocation by the said com-
missioner of the license of any such creamery, plant o- station.

(d) The duties herein imposed upon the Commissioner of Agri-
culture and Immigration shall be performed by him without addi-
tional compensation.

(e) Any person or persons owning or operating any creamery,
cheese plant, condensed milk plant, ice cream plant milk depot, or
milk distributing plant, or milk or cream buying station, failing to
comply with the provisions of this section shall be dezmed guilty of a
misdemeanor, and upon conviction thereof shall be punished by a
fine of not less than ten nor more than one hundreci dollars or con-
finement in jail not to exceed sixty days, or both. Whenever it
appears to the said commissioner that the provisions of this act have
been violated, such violation shall be a ground for revocation of
license, but no license shall be revoked until the licensee has been
accorded a hearing upon the merits of such revocation, of which said
hearing he shall be notified in writing at least ten Jays in advance
of the date set for the same.

(f) All funds derived from the license taxes herein provided for
shall be paid into the State treasury, and shall be, and are hereby,
appropriated to the State Commissioner of Agricu.ture and Immi-
gration to be used by him, subject to the approval and consent of the
State Board of Agriculture and Immigration, to carry out and to
enforce the provisions of this section.