CHAPTER 625

An Act to amend the Code of Virginia by adding $§ 8-451.1 through
8-451.17, and to repeal §§ 8-425 through 8-451 of the Code of Vitr-
ginia, all of which sections relate to control of ice cream and frozen
products.

[H 5383]

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding §§ 3-451.1 through
8-451.17 as follows:
_ § 8-451.1. (a) Ice cream is defined to be the food prepared by freez-
ing, while stirring, a pasteurized mix composed of one or more of the
optional dairy ingredients specified in subsection (b) of this section,
sweetened with one or more of the optional sweetening ingredients speci-
fied im subsection (c) of this section, flavored with one or more of the
optional flavoring ingredients specified in subsection (d) of this section.
One or more of the optional egg ingredients specified in subsection (e)
may be used; one or more of the optional stabilizing ingredients specified
in subsection (f) may be used; one or more of the optional acidity
standardizing ingredients specified in subsection (g) may be used subject
to the conditions (e),(f), and (g), as the case may .

Harmless vegetable or certified coloring may be added. The mix may
be seasoned with salt and may be homogenized. Water may be added. The
kind and quantity of optional dairy ingredients used, and the content of
milk fat and total milk solids are such that the milk fat and total milk
solids are not less than ten per cent and twenty per cent respectively of
the weight of the finished ice cream, except that when one or more of
the optional flavoring ingredients specified in § 3-451.1 (d), (4), (5), (6),
(7), (8), or § 3-451.1 (e) are used, then the weight of the milk fat and
total milk solids are not less than ten per cent and twenty per cent respec-
tively, except for such reduction in milk fat and in total milk solids as is
due to the addition of one or more of the optional ingredients specified in
§ 8-451.1 (d), (4), (5), (6), (7), (8), or § 3-451.1 (e), but in no case
shall it contain less than eight per cent of milk fat nor less than sixteen
per cent of total milk solids. Ice cream shall contain not less than 1.6
pounds of total food solids per gallon and shall weight not less than 4.5
pounds per gallon.
CH. 625] ACTS OF ASSEMBLY 975

__ (b) The optional dairy ingredients referred to in subsection (a) of
this section are cream, dried cream, butter, butter oil, concentrated milk
fat, milk, concentrated milk, evaporated milk, sweetened condensed milk,
superheated condensed milk, dried milk, skim milk, concentrated (evapo-
rated or condensed) skim milk, superheated condensed partly skimmed
milk, nonfat dry milk solids, edible dry whey, cheese whey, sweet cream
buttermilk, condensed sweet cream buttermilk, dried sweet cream butter-
milk, and any of the foregoing products from which all or a portion of
lactose has been removed after crystallization or the lactose has been con-
verted to simple sugars by hydrolysis.

(c) The optional sweetening ingredients referred to in subsection (a)
of this section are sugar, liquid sugar, dextrose, invert sugar, (paste or
syrup), lactose, corn sugar, dried or liquid corn syrup, maple syrup, maple
sugar, honey, brown sugar, malt syrup, dried malt extract, molasses
(other than blackstrap).

_(d) The optional ingredients referred to in subsection (a) of this
section are (1) natural food flavoring, (2) artificial food flavoring, (8)
fruit juice, which may be fresh, frozen, canned, concentrated or dried
and which may be sweetened and thickened with one or more of the
optional stabilizing ingredients specified in § 3-451.1 (f), (4) chocolate,
(5) cocoa, (6) fruit which may be fresh, frozen, canned, concentrated,

redded, pureed, comminuted or dried and which may be sweetened,
thickened with stabilizer, and acidulated with citric, tartaric, malic, lactic
or ascorbic acid, (7) nut meats, and (8) confectionery.

_ (e) Liquid eggs, frozen eggs, dried eggs, egg yolks, frozen yolks,
dried yolks; but the total weight of egg yolk solids in any such ingre-
dients used singly, or in combination of two or more such ingredients
pee is less than the minimum prescribed by § 3-451.8 for Frence Ice

ream.

(f) The optional stabilizing ingredients specified in subsection (a)
of this section are gelatin, algin, extractive of Irish Moss, Psyllium seed
husk, agar agar, gum acacia, gum karaya, locust bean gum, gum traga-
canth, cellulose gum (CMC), guar seed gum, or other harmless stabilizers
or emulsifiers as are permitted for use in ice cream by the Federal Food
and Drug Administration, but the total weight of the active material
contained in the solids of any such ingredients used singly or of any com-
bination of two or more such ingredients used, is not more than 0.5 per
centum of the weight of the finished ice cream.

(g) The following harmless optional ingredients or combination of
such ingredients may be added to control viscosity, adjust protein sta-
bility and adjust pH of the combined mix ingredients:

Sodium bicarbonate

(2) Magnesium oxide

(3) Calcium oxide as such or as hydroxide or sucrate

(4) Sodium citrate

(5) Sodium phosphates
The total of ingredients (1) through (3) shall not exceed 0.1 per centum
by weight of the finished mix; nor shall the weight of ingredients (4) and
(5) exceed 0.2 per centum by weight of the finished mix.

It is further provided that the percentage of developed lactic acid in
the mix prior to the addition of the above listed optional ingredients shall
not exceed 0.003 per centum by weight for e one per cent of milk
solids not fat present in the mix.

§ 8-451.2. Ice cream mix is the unfrozen combination of ingredients
which when frozen while stirring will produce a product conforming to
the definition of ice cream.

51.3. French Ice Cream, Frozen Custard, and French Custard Ice
Cream conform to the definition and standard of identity prescribed for
976 ACTS OF ASSEMBLY [va., 1956

ice cream by § 38-451.1, except that one or more of the optional egg ingre-
dients permitted by § 3-451.1 are in such quantity that the total weight
of egg yolk solids therein is not less than 1.4 per centum of the weight
of the finished product, except when any of the optional flavoring ingre-
dients specified in § 3-451.1 (d), (4), (5), (6), (7), or (8) is used; in
which case the weight of the egg yolk solids is not less than 1.12 per
centum of the weight of the finished product. In no case shall the milk
fat in the finished product be less than eight per centum by weight.

§ 3-451.4. French Ice Cream Mix, Frozen Custard Mix, and French
Custard Ice Cream Mix are the unfrozen combinations of ingredients
which when frozen while stirring will produce products conforming to
the definition of French Ice Cream, Frozen Custard, and French Custard
Ice Cream.

§ 3-451.5. Ice Milk or milk sherbet conforms in all respects to the
definition of and standard of identity for ice cream prescribed in § 3-451.1,
except that it contains not less than 3.25 per centum but not more than
4.25 per centum of milk fat and not less than 11 per centum total milk
solids and except that it contains not less than 1.3 pounds of food solids
per gallon. When ice milk or milk sherbet is packaged in containers of
greater than one-half gallon capacity, it does not contain color or any of
the optional flavoring ingredients specified in § 3-451.1 (d).

_ § 38-451.6. Ice Milk or milk sherbet mix is the unfrozen combina-
tion of ingredients which when frozen while stirring will produce a
product conforming to the definition of Ice Milk or milk sherbet. _-

§ 8-451.7. Sherbet is the food prepared by freezing, while stirring,
a pasteurized mix composed of one or a combination of the optional dairy
ingredients specified in § 3-451.1 (b), one or more of the optional sweet-
ening ingredients specified in § 3-451.1 (c), fruit, fruit juice, or flavor-
ing as hereinafter provided. It may contain one or more of the optional
stabilizing ingredients specified in § 3-451.1 (f) or pectin, provided the
weight of such stabilizer is not more than 0.5 per centum of the weight of
the finished sherbet. The kind and quantity of optional dairy ingredients
used is such that the total milk solids content is not less than 8 per centum
by weight of the finished sherbet and the milk fat content is not more
than 4.25 per centum by weight of the finished sherbet. It contains fruit
or fruit juice as described in § 8-451.1 (d), (8) and § 3-451.1 (d), (6),
natural or artificial food flavoring. It may contain citric, tartaric, malic,
phosphoric, lactic or ascorbic acid. The acidity of the finished sherbet shall

not less than 0.85 per centum of acid as determined by titrating with
standard alkali and expressed as lactic acid. It weighs not less than 6.0
pounds per gallon. The flavor designation of sherbet shall be prominently
displayed on all consumer packages of the finished products.

§ 3-451.8. Sherbet Mix is the unfrozen combination of ingredients
which when frozen while stirring will produce a product conforming to
the definition of sherbet.

§ 51.9. Water Ice conforms in all respects to the definition and
standard of identity for sherbet prescribed in § 3-451.7 except that it does
not contain any of the optional dairy ingredients and consequently does
not meet the provisions respecting total milk solids and butterfat.

§ 8-451.10. Water Ice Mix is the unfrozen combination of ingredi-
ents which when frozen while stirring will produce a product conforming
to the definition of water ice.

§ 3-451.11. For the purpose of this act, “frozen sherbet confec-
tions” are defined as “‘sherbet” as herein defined, manufactured into
factory formed individual servings, except they may be frozen without
agitation and the acid requirements provided for in the definition of
“sherbet” need not be met, and except that frozen sherbet confections
shall weigh not less than 4.5 pounds per gallon.
CH. 625] ACTS OF ASSEMBLY 977

For the purpose of this act, “frozen ice confections” are defined as
‘water ice”, as herein defined, manufactured into factory formed indi-
vidual servings, except they may be frozen without agitation and the acid
requirements provided for in the definition of ‘water ice” need not be met.

§ 3-451.12. The average bacterial plate count of any food product
defined in this act shall, at no time prior to the delivery to the consumer,
exceed fifty thousand per gram; and the coliform count shall not exceed
twenty per gram, Any food product which purports to be or is represented
as a food for which a definition and standard of identity is established in
8§ 3-451.1 through 3-451.11 shall be deemed to be adulterated and mis-
branded, if such food does not conform to such standards.

§ 3-451.13. Any food as defined in this act for which a definition
and standard of identity is established herein shall be deemed to be mis-
branded if in package form unless it bears a label containing (1) the
name and address of the establishment in which such food is manufactured,
or the name and address of the principal office of the manufacturer and
a code designation approved by the Virginia Commissioner of Agriculture
and Immigration identifying the establishment in which such food was
manufactured, (2) an accurate statement of the quantity of content in
terms of liquid measure and (3) the name of the food specified in the
definition and standard of identity.

Where the food is not manufactured by the person whose name ap-
pears on the label, the label must identify such manufacturer by a code
designation aproved by the Virginia Commissioner of Agriculture and

gration.

Containers holding food mixes defined in §§ 3-451.2, 3-451.4, 3-451.6,
3-451.8 and 3-451.10, when shipped, transferred, or transported to an
establishment other than the place at which it was manufactured, shall be
plainly labeled with the name of the product, the name and address of the
manufacturer, and the date of pasteurization. Food Mixes defined in this
act aa ‘nin as herein specified, need not bear a list of ingredients on

e label.

The possession, sale or offering for sale of any food which is adulter-
ated or misbranded within the meaning of this act is hereby prohibited.

§ 3-451.14. Standards for the construction and operation of manu-
facturing establishments of foods identified by this act are as follows:

(a) Standard for Plant Premises—The premises of establishments
shall be free from conditions creating health hazards and nuisances.
Driveways shall be well graded and dust free.

(1) Dust Control—Dust shall be adequately controlled to prevent
contamination of ice cream or its ingredients.

(2) Drainage—Suitable drainage shall be provided to allow quick
run-off of all surface water from premises and buildings. .

(3) Odor Control—All sources of objectionable odors originating
on the premises shall be eliminated.

b) Standards for Plant and Equipment.

(1) Exterior of Plant—These exteriors shall be in good repair and
properly maintained.

(2) Floors—The floors of all rooms in which mix, frozen dairy foods
and water ices, or their ingredients are manufactured, frozen or stored,
or in which containers and utensils are washed shall be constructed of
concrete or other equally impervious and easily cleaned material, and shall
be smooth, properly drained, provided with trapped drains, and kept clean;
provided, that cold storage rooms need not be provided with drains. Pro-
vided, further, that the construction requirements of this item shall be
waived, in frozen dairy food and water ices plants which freeze and sell
only at retail on the premises, if the portion of the room in which contain-
ers or utensils are washed have impervious floors or solid floors covered
with tight linoleum or other approved, washable material.

(3) Walls and Ceilings—Walls and ceilings of rooms, except cold-
storage rooms, in which mix, frozen dairy foods and water ices or their
ingredients are manufactured or frozen, or in which containers or utensids
eas wasted, shall have a smooth, washable, light colored surface, and shall

ept clean. ;

(4) Doors and Windows—Unless other effective means are provided
to prevent the access of flies, rodents and vermin, all outer openings shall
ae effectively screened, and doors shall be provided with self-closing

evices.

(5) Lighting and Ventilation—All rooms other than cold storage
rooms shall be well lighted and ventilated. .

(5a) Miscellaneous protection from contamination—The various
plant operations shall be so located and conducted as to prevent any con-
tamination of the mix, frozen dairy foods and water ices, their ingredients,
cleaned equipment, or containers. All means necessary for the elimination
of flies shall be used. Separate rooms shall be provided for (a) the pas-
teurizing, processing, cooling, freezing, and packaging operations, and
(b) the washing and bactericidal treatment of containers: Provided, that
requirement (a) shall be satisfied, in frozen dairy foods and water ices
plants which freeze and sell only at retail on the premises, if all mixing,
freezing and packaging processes, but not necessarily the hardening and
storage compartments, are enclosed in a tight glass or other sanitary
enclosure which is open only on the side farthest from the public, which
has a dust-tight top extending over the entire freezer and which is pro-
tected by a fan so installed and of such power as to prevent the entrance
of flies. Containers of frozen dairy foods and water ices ingredients shall
not be unloaded directly into the room or rooms used for pasteurization
or subsequent processes. Pasteurized mix or frozen dairy foods and water
ices shall not be permitted to come in contact with equipment with which
unpasteurized mix, frozen dairy foods and water ices, milk or milk prod-
ucts have been in contact, unless such equipment has first been thoroughly
cleaned and subjected to bactericidal treatment. None of the operations
connected with frozen dairy foods and water ices plants shall be conducted
in a room used for domestic purposes.

(6) Processing rooms—Processing rooms shall be of sufficient size
for the purpose for which they are intended and to provide placement of
equipment so that it is easily accessible for proper manufacturing opera-
tions and cleaning.

a a ) Storage rooms—Storage rooms shall be in good repair, clean and
orderly.

(8) Boiler room—Boiler rooms shall be separated from processing
rooms and other rooms where dairy products or dairy supplies are han-
dled or stored. It shall have tight partitions and self-closing doors to any
processing rooms. It shall be orderly, clean and in good repair.

(9) Toilet facilities—There shall be provided toilet facilities which
are kept clean, well ventilated, and in good repair. Toilet rooms shall not
open directly into any room in which frozen dairy foods and water ices,
their ingredients, equipment, or containers are handled or stored. The
doors of all toilet rooms shall be self-closing. In case privies or earth
closets are permitted and used, they shall be separate from the building,
and shall be of a sanitary type constructed and operated in conformity
with the requirements of the State Board of Health.

(10) Water supply—The water supply shall be easily accessible, ade-
quate, and of a safe, sanitary quality.

(11) Hand washing facilities—Convenient hand washing facilities
shall be provided, including warm running water, soap, and approved
sanitary towels. The use of a common towel is prohibited. No employee
ran resume work after using the toilet room without first washing his
ands.

(12) Sanitary piping—Only sanitary piping, valves and fittings of an
approved type shall be used.

_ (18) Construction and repair of containers and equipment—All con-
tainers and equipment with which food products come in contact must be
of an approved type and shall be constructed in such a manner as to be
easily cleaned and shall be kept in good repair.

(14) Placement of equipment—Equipment shall be so placed as to
be readily accessible for all manufacturing and cleaning operations.

(c) Plant operations.

(1) Disposal of wastes—All wastes shall be properly disposed of.
Covered containers shall be provided.

(2) Cleaning and bactericidal treatment of containers and equipment
—All multiservice containers and equipment for mix, frozen dairy foods
and water ices, or their ingredients shall be thoroughly cleaned after each
usage, All containers shall be subjected to an approved bactericidal process
after each cleaning, and all equipment before each usage. When empty and
before being returned by a frozen dairy products and water ices plant,
each food product container shall be effectively cleaned and subjected to
bactericidal treatment.

(3) Storage of containers—After bactericidal treatment all multiuse
containers for mix, frozen dairy food and water ices, and their ingredients
shall be stored in such manner as to be protected from contamination.

(4) Handling of containers and equipment—Between bactericidal
treatment and usage, and during usage, containers and such equipment
shall not be handled or operated in such manner as to permit contamina-
tion of the frozen dairy food and water ices, mix or their ingredients.

(5) Storage and handling of single service containers and utensils—
Caps, parchment papers, wrappers, can liners, and single service sticks,
spoons, and containers for frozen dairy foods and water ices, mix, or their
ingredients shall be purchased only in sanitary containers, shall be kept
therein in a clean dry place, and shall be handled in a sanitary manner.

(6) Protection from contamination—Special precautions shall be
taken to avoid contamination of ice cream and/or its ingredients with
microorganisms and extraneous material.

(7) Storage of milk or milk product mix ingredients—All milk and
milk product mix ingredients shall be held at such temperatures which
will prevent any quality deterioration of same prior to use in the mix.

(8) Mix processing and handling—All mix shall be pasteurized by
heating every particle of mix to at least 155°F. and holding at such
temperature for at least thirty minutes in approved and properly operated
equipment; provided, that nothing contained in this requirement shall be
construed as disbarring any other process which has been demonstrated
to be equally efficient and is approved by the Virginia Commissioner of
Agriculture and Immigration.

Pasteurized mix shall immediately be cooled in approved equipment
to a temperature of 45°F. or less and maintained thereat until frozen,
and must be frozen into frozen food products within four days after
pasteurization.

(9) Freezing and packaging—Freezing, packaging, cutting, molding,
dipping and other preparation of mix or frozen dairy food and water
ices, or their ingredients shall be done in an approved manner. Containers
shall be covered immediately after filling with caps or covers and shall
be bandied in such a manner as to prevent contamination of the package
contents.
(10) Overfiow or spillage—Product drip, or overflow or spilled mix
of frozen dairy foods and water ices or their ingredients, shall not be
sold for human consumption.

(11) Returns—Mix or frozen dairy foods and water ices in broken
and open containers may after delivery be returned to the plant for in-
spection, but shall not be used for making mix or frozen dairy foods and
water ices.

_ (12) Delivery vehicles—All vehicles used for the transportation of
mix or frozen dairy foods and water ices or their ingredients shall be so
constructed and operated as to protect their contents from the sun and
from contamination. Such vehicles shall be kept clean, and no substance
capable of contaminating mix or frozen dairy foods and water ices or
their ingredients shall be transported therewith in such manner as to
permit contamination.

(18) Illness of an employee or any communicable disease in the em-
ployee’s household shall be immediately reported to the plant manager.
If an employee has a communicable disease which may be transmitted
by the products, or if there is a case of such disease in his household to
which he is exposed, he shall not be allowed to work where he comes in
contact directly or indirectly with the products, unless accompanied by a
doctor’s certificate. If at any time, there is reason to doubt an employee’s
fitness for work in the processing plant, the manager shall require the
employee to have a physical examination made by a registered physician.

If the results of the examination of the employee by the examining
physician show that the employee is not fit for such work, the examining
physician shall immediately notify the management of his findings, and
the recommendations of such physician shall be followed by management.

Employees shall present a neat personal appearance. No one shall
smoke or spit in any room where products are handled

§ 3-451.15. The Virginia Commissioner of Agriculture and Immi-
gration is authorized and directed to administer the enforcement of this
act. The Virginia State Board of Agriculture and Immigration is author-
ized to prescribe rules and regulations to carry out its purposes; to
provide for such periodic inspections and investigations as it may deem
necessary to disclose violations; to receive and provide for the investiga-
tion of complaints; and to provide for the institution and prosecution of
civil or criminal actions or both. The provisions of this act and the rules
and regulations issued in connection therewith may be enforced by in-
junction in any court having jurisdiction to grant injunctive relief, and
adulterated or misbranded articles illegally held or otherwise involved in
a violation of this act or of said rules and regulations shall be subject to
seizure and disposition in accordance with an order of court.

Bacterial counts, coliform determinations, phosphatase tests, efficiency
of bactericidal treatments and other laboratory tests shall conform to the
procedures in the latest edition of the “Standard Methods for the Exami-
nation of Dairy Products,” except that a modified Roese-Gottlieb test,
such as the Mojonnier or Dietert, may be used in making official deter-
minativas of the butterfat and total solids content of frozen dairy food
products.

§ 3-451.16. Within thirty days after the effective date of this act,
every person, firm or corporation engaged in the manufacture of any of
the foods covered by §§ 3-451.1—3-451.17 of the Code of Virginia shall
make application to the Virginia Commissioner of Agriculture and Im-
migration on a form prescribed by him for permit to manufacture such
foods or any of them.

A separate application shall be made for each establishment where
such foods are manufactured or are to be manufactured.
CHS. 625, 626] ACTS OF ASSEMBLY 981

The said Virginia Commissioner of Agriculture and Immigration,
upon receipt and approval of such application properly executed, shall
issue a permit authorizing the applicant to engage in the manufacture of
such foods as are described in the application; provided, however, the
Commissioner may refuse to issue a permit or renew a permit or may
suspend or revoke a permit in the case of any establishment which does
not meet the requirements of this act or any rule or regulation promul-
gated for its administration and enforcement. Such permit shall be re-
newable on July first of each year. Ail applications for permits and
renewals thereof shall be accompanied by a payment of a ten dollar fee.

§ 3-451.17. Any person, firm or corporation which by itself, its
agents or employees, violates any provision of this article shall be guilty
of a misdemeanor.

2. §§ 3-425 through 3-451 of the Code of Virginia are hereby repealed.