CHAPTER 396

An Act to amend the Code of Virginia by adding in Title 35 a chapter
numbered 3.1, containing §§ 35-42.2 through 85-42.8, to define wmita-
tion cream, to provide for its labeling, to prohibit its use in public
eating places unless labeled, and to provide a penalty for violation.

[(S 307]
Approved March 30, 1962

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Title 35 a chapter
numbered 3.1, containing §§ 35-42.2 through 35-42.8, as follows:

Chapter 3.1

§ 35-42.2. “Imitation Cream” is defined as any substance, mixture,
or compound which contains vegetable and animal fats, or oils, or other
substances, mixtures, or compounds made in imitation of cream, half
and half, or milk and is used or mixed with coffee or other beverages,
cereals, soups, sauces or other foods prepared for man.

§ 35-42.3. Any container in which imitation cream is sold, exchanged,
or delivered shall be clearly labeled with the words “Imitation Cream”’,
with the lettering of the word ‘Imitation’ in no smaller type than the
word “Cream”, along with the name and address of the person processing
or packing the product for sale, the name of all ingredients, the name of
the plant or animal from which such oil or fat is derived, and the amount
of fat and water in the product.

§ 35-42.4. No person shall serve, or have in possession with intent
to serve, or vend imitation cream at a restaurant and public eating place
unless a notice that “Imitation Cream” is served be displayed promi-
nently in such place and printed on the menu in type or lettering not
smaller than two-line pica in size, and each serving of imitation cream
be served in its original factory-packaged container properly labeled,
or from an approved bulk dispenser properly labeled, and publicly and
prominently displayed.

§ 35-42.5. No person shall vend coffee, or any other beverage con-
taining imitation cream, from a vending machine unless such machine
has prominently displayed on the front a notice that “Imitation Cream’”’
is dispensed from the machine and listing the ingredients as required
in § 35-42.3.
§ 35-42.6. No person shall use in any way in connection or asso-
ciation with the sale, exposure for sale, advertisement, listing on a menu,
or serving of imitation cream the word “creamed”, “fresh”, “dairy”,
‘“‘farm’’, or the name or representation of any breed of dairy cattle or
any combination or variation of such word or words, or representation
or any other words or symbols, or combination thereof, commonly used
to describe dairy products.

§ 35-42.7. This chapter shall be enforced by the State Board of Health,
acting through the State Health Commissioner and his duly designated
officers, who shall have police power to enter any restaurant and public
eating place at reasonable hours to determine whether the provisions
of this chapter are being complied with.

§ 35-42.8. Any person violating the provisions of this chapter shall
be guilty of a misdemeanor.