Chap. 188.—An ACT concerning the appointment of a dairy and food commis-
sioner within the department of agriculture and immigration, and imposing
penalties for its violation.

Approved March 11, 1908.

1. Be it enacted by the general assembly of Virginia, That within
thirty days after this act shall take effect, the governor, by and with
the consent of the general assembly in joint session, shall appoint a
suitable person to be dairy and food commissioner, which office is hereby
created within the department of agriculture and immigration, and
which commissioner so appointed shall hold his office until January
thirty-one, nineteen hundred and twelve, and until his successor is ap-
pointed and qualified. At the regular session of the legislature in nine-
teen hundred and twelve, and every four years thereafter, the governor,
by and with the advice and consent of the general assembly in joint
session, shall appoint a dairy and food commissioner, who shall hold
his office for the term of four years from the thirty-first day of January,
in the year of his appointment, and until his successor is appointed
and qualified.

2. The governor shall have the power to remove such commissioner
any time, in his discretion, but the reasons for such removal ‘shall be
laid before the general assembly in joint session at the next regular or
special session of the legislature thereafter; and in case of a vacancy in
the office of commissioner from any cause, the governor shall appoint
his successor to fill the unexpired term.

3. Before entering upon the duties of his office, the person so ap-
pointed shall make, subscribe and file in the office of the secretary of
the Commonwealth, the usual oath of office as provided for in the Con-
stitution of this State, and shall enter into bond, payable to the Com-
monwealth, in the sum of five thousand dollars, with securities approved
by the governor, conditioned for the faithful performance of his duties.

4, Said dairy and food commissioner shall receive an annual salary
of two thousand five hundred dollars. There shall be a deputy dairy
and food commissioner, who shall be appointed by the commissioner of
agriculture and immigration and the dairy and food commissioner,
acting jointly, subject to the confirmation of the State board of agri-
culture and immigration. The salary of the deputy commissioner shall
be fifteen hundred dollars per annum. The said commissioners may
also appoint by and with the advice of the board of agriculture and
immigration such other special assistants as the proper performance
of the duties of the office may require, which special assistants shall be
paid for the time actually employed, as said commissioners and board
may direct. The persons so appointed shall have power to administer
oaths in all matters relative to the dairy and food laws, and shall take
and subscribe to the constitutional oath of office, and file the same in
the office of the secretary of the Commonwealth; and they shall hold
office during the pleasure of the commissioners. The assistants shall
have the same right of access to the places to be inspected as the said
commissioner. The salaries and expenses authorized by this section
shall be for the unexpired part of the fiscal year ending nineteen hun-
dred and eight, and each fiscal year thereafter. Said salaries are to be
paid monthly. The salaries and actual and necessary expenses of the
said commissioner, deputy commissioner and assistants, in the perform-
ance of their official duties, shall be audited by the State board of agri-
culture and immigration, and paid upon warrants issued by the dairy
and food commissioner upon the State auditor. The board of agricul-
ture and immigration shall provide office room and the necessary furni-
ture and fixtures, and the necessary stationery, supplies and printing
for the conduct of the business of said dairy and food commissioner,
on his application to said board therefor. Said office shall be, and re-
main in the city of Richmond.

5. The chemical work incident to the execution of the dairy and pure
food laws shall be done in the chemical laboratory of the department of
agriculture and immigration.

G6. It shall be the duty of the dairy and food commissioner to care-
fully inquire into the dairy and food and drink products, and the sev-
eral articles which are food or drinks, or the necessary constituents of
the food or drinks, which are manufactured or sold, or exposed or
offered for sale in this State, and he may, in a lawful manner, procure
samples of the same, which shall be duly and carefully examined or
analyzed by the State chemist, who shall report to the said commis-
sioner the results of such examination or analyses; and it shall be the
duty of the said commissioner to make a complaint against the manu-
facturer or vender of any such food or drink or dairy products as are
adulterated, impure or unwholesome, in contravention of the laws of
this State, and furnish all evidence thereof to obtain a conviction of the
offense charged. The dairy and food commissioner or his deputy, or
any person appointed by him for that purpose, may make complaint
and cause proceedings to be commenced against any person for enforce-
ment of the laws relative to adulteration, impure or unwholesome food
or drink, and in such cases he shall not be obliged to furnish security
for costs, and shall have power, in the performance of his duties, to
enter into any creamery, factory, store, salesroom, drug store, or labora-
tory, or place where he has reason to believe food or drink is made,
stored, sold, or offered for sale, and open any cask, tub, jar, bottle or
package containing, or supposed to contain, any article of food or drink,
and examine or cause to be examined the contents thereof, and take
therefrom samples for analysis. The person making such inspection
shall take such samples of such article or product in the presence of at
least one witness, and he shall, in the presence of said witness, mark
or seal such sample, and shall tender at the time of taking to the manu-
facturer or vender of such product, or to the person having the custody
of the same, the value thereof, and the statement in writing for the
taking of such sample. Whenever it is determined by the dairy and
food commissioner, his deputy or assistants, that filthy or unsanitary
conditions exist or are permitted to exist in the operation of any bakery,
confectionery, or ice cream plant, or at any place where any food or
drink products are manufactured, stored or deposited, or sold for any
purpose whatever, the proprietor or proprietors, owner or owners of
such bakery, confectionery or ice cream plant, or any person or persons
owning or operating any plant where any food or drink products are
manufactured, stored, deposited or sold, shall be first notified and
warned by the said commissioner, his deputy or assistants, to place such
bakery, confectionery, or ice cream plant, or any place where any food
or drink products are manufactured, stored, deposited or sold, in a
sanitary condition within a reasonable length of time; and any person
or persons owning or operating any bakery, confectionery or ice cream
plant, or any place where any food or drink products are manufactured,
stored, deposited or sold, failing to obey such notice and warning, shall
be guilty of a misdemeanor, and, upon conviction thereof, shall be pun-
ished by a fine of not less than twenty-five dollars nor more than three
hundred dollars and costs of prosecution, or imprisonment in the county
or city jail not to exceed ninety days, or until such fine or costs are paid,
or both fine and imprisonment, at the discretion of the court.

v. The dairy and food commissioner, his deputy, or any person by
said commissioner duly appointed for that purpose, is authorized at all
times to seize and take possession of any and all food and dairy products,
substitutes therefor, or imitation thereof kept for sale, exposed for sale,
or held in possession or under the control of any person which in the
opinion of said commissioner, or his deputy, or such person by him duly
appointed, shall be contrary to the provisions of this act or other laws
which now exist or which may be hereafter enacted.

First. The person so making such seizure, as aforesaid, shall take
from such goods as seized a sample for the purpose of analysis and shall
cause the remainder to be boxed and sealed and shall leave the same
in the possession of the person from whom they were seized, subject
to such disposition as shall hereafter be made thereof according to the
provisions of this act.

Second. The person so making such seizure shall forward the sample
so taken to the dairy and food commissioner who shall turn over the
same to the State chemist and the said chemist shall certify the results
of such analysis, which certificate shall be prima facie evidence of the
fact or facts therein certified to, in any court where the same may be
offered in evidence.

Third. If upon such analysis it shall appear that said food or dairy
products are adulterated, substituted, mis-branded, or imitated within
the meaning of this act, said commissioner, or his deputy, or any person
by him duly authorized may make complaint before any justice of the
peace or police justice having jurisdiction in the city, village or magis-
terial district, where such goods were seized, and thereupon said justice
of the peace shall issue his summons to the person from whom said
goods were seized, directing him to appear not less than six or more
than twelve days from the date of issuing of said summons and show
cause why said goods should not be condemned and disposed of. If the
said person from whom said goods were seized cannot be found, the said
summons shall be served upon the person then in possession of the
goods. The said summons shall be served at least six days before the
time of appearance mentioned therein. If the person from whom said
goods were seized cannot be found, and no one can be found in posses-
sion of said goods, and the defendants shall not appear on the return
day, then said justice of the peace shall proceed in said cause in the
same manner provided by law where a writ of attachment is returned
not personally served upon any of the defendants and none of the
defendants shall appear upon the return day. ;

Fourth. Unless cause to the contrary thereof is shown, or if said
goods shall be found upon trial to be in violation of any of the pro-
visions of this act or other laws which now exist or which may be here-
after enacted, it shall be the duty of said justice of the peace or police
justice to render judgment that said seized property be forfeited to the
State of Virginia, and that the said goods be destroyed or sold by the
said commissioner for any purpose other than to be used for food. The
mode of procedure before said justice shall be the same, as near as may
be in civil proceedings before justices of the peace. Either party may
appeal to the cireuit or corporation courts as appeals are taken from
the justices’ courts, but it shall not be necessary for the Commonwealth
to give any appeal bond.

Fifth. The proceeds arising from any such sale shall be paid into the
State treasury and credited to the general fund; provided, that if the
owner or party claiming the property or goods so declared forfeited can
produce and prove a written guaranty of purity, signed by the whole-
saler, jobber, manufacturer, or other party residing within this State
from whom said articles were purchased, then the proceeds of the sale
of such articles, over and above the costs of seizure, forfeiture and sale,
shall be paid over to such owner or claimant to reimburse him, to the
extent of such surplus, for his actual loss resulting from such seizure
and forfeiture as shown by the invoice.

Sixth. It shall be the duty of the prosecuting attorney when called
upon by said commissioner, or by any person by him authorized as
aforesaid, to render any legal assistance in his power in proceeding under
the provisions of this act, or any subsequent act relative to the adultera-
tion of food, for the sale of impure or unwholesome food or food
products.

8. The dairy and food commissioner shall make an annual report to
the commissioner of agriculture and immigration to be, by said com-
missioner of agriculture and immigration transmitted to the governor
on or before the first day of January. in each year, and which shall be
printed and published on or before the first day of January next there-
after, which report shall cover the doings of his office for the preceding
fiseal year, which shall show, among other things, the number of manu-
factories and other places inspected and by whom, the number of speci-
ments of food articles analyzed and the State chemist’s report upon each
one; the number of complaints entered against persons for the violating
of the laws relative to the adulteration of food, the number of convic-
tions had, and the amount of fines imposed therefor, together with
such recommendations relative to the statutes in force as his experience
may justify. he dairy and food commissioner shall prepare, print
and distribute to all papers of the State, and to such persons as may be
interested or may apply therefor, a quarterly bulletin in suitable paper
covers, containing results of inspections, the results of analyses made
by the State chemist, with the popular explanation of the same, and
such other information as may come to him in his official capacity
relating to the adulteration of food and drink products and of dairy
products, so far as he may deem the same of benefit and advantage to
the public; also a brief summary of all the work done during the quarter
by the commissioner and his assistants in the enforcement of the laws
of the State, but not more than ten thousand copies of such quarterly
bulletin shall be printed. :

9. Any person who shall wilfully hinder or obstruct the dairy and
food commissioner, or his deputy or other persons or assistants by him
duly authorized, in the exercise of the powers conferred upon him by
this act, shall be deemed guilty of a misdemeanor and on conviction
shall be punished by a fine of not less than ten dollars nor more than
one hundred dollars, or by imprisonment in the county or city jail for
not less than ten days nor more than ninety days, or both such fine
and imprisonment in the discretion of the court .

10. For the purpose of carrying out the provisions of this act the
sum of seven thousand five hundred dollars is hereby appropriated for
the fiscal year ending February twenty-eighth, nineteen hundred and
nine, and in like manner for each fiscal year thereafter, there is hereby
appropriated the sum of seven thousand five hundred dollars.

11. It shall also be the duty of the dairy and food commissioner to
foster and encourage the dairy industry of the State, and, for that pur-
pose he shall investigate the general conditions of the creameries, cheese
factories, condensed milk factories, skimming stations, milk stations
and farm dairies in this State, with full power to enter upon any prem-
ises for such investigation, with the object in view of improving the
quality and creating and maintaining uniformity of the dairy products
of the State; and should it become necessary in the judgment of the
dairy and food commissioner, he may cause instruction to be given in
any creamery, cheese factory, condensed milk factory, skimming station,
milk station or farm dairy, or in any locality of this State, aud in order
to secure the proper feeding and care of cows, or the practical opera-
tion of any plant producing dairy products, and in order to procure
such a uniform and standard quality of dairy products in this State, he
shall furnish a sufficient number of competent assistants, the appoint-
ment of whom is provided for in section four of this act, and they shall
be duly qualified to act as such assistants.

12. Whenever it is determined by the dairy and food commissioner,
his deputy or assistants, that any person is using, selling or furnishing
to any skimming station, creamery, cheese factory, condensed milk fac-
tory, milk depot, farm dairy, milk dealer, the retail trade or to any con-
sumer of milk, any impure or unwholesome milk or cream, which im-
purity or unwholesomeness is caused by the unsanitary or filthy condi-
tions of the premises where cows are kept or by the unsanitary or filthy
care or handling of the cows, or from the use of unclean utensils or
from unwholesome food,.or from any other cause, the person so. using,
selling or furnishing to any skimming station, creamrey, cheese factory,
condensed milk factory, milk depot, farm dairy, milk dealer, the retail
trade or to any consumer of milk, any such milk or cream, shall first
be notified and warned by the said commissicner, his deputy or as-
sistants not to use, sell or furnish such milk or cream to such skimming
station, creamery, cheese factory, condensed milk factory, milk depot,
farm dairy, milk dealers, the retail trade or to any consumer of milk,
and any person failing to obey such notice and warning and continuing
to use, sell or furnish to any skimming station, creamery, cheese factory,
condensed milk factory, farm dairy, milk dealer or to the retail trade
such impure or unwholesome milk or cream, shall be guilty of a mis-
demeanor, and, upon conviction thereof shall be punished by a fine not
less than ten dollars nor more than fifty dollars and costs of prosecu-
tion or imprisonment in the county or city jail not to exceed ninety
days or until such fine and costs are paid or both fine and imprison-
ment at the discretion of the court.

13. Whenever it is determined by the dairy and food commissioner,
his deputy or assistants, that unsanitary conditions exist, or are per-
mitted to exist, in the operation of any skimming station, creamery,
cheese factory, condensed milk factory, milk depot, or farm dairy, the
proprietor or proprietors or manager of said skimming station, cream-
ery, cheese factory, condensed milk factory, milk depot, or farm dairy,
shall be first notified and warned by the said commissioner, his deputy
or assistants, to place such skimming station in a sanitary condition
within a reasonable length of time; and any person or persons owning
or operating such skimming station, creamery, cheese factory, con-
densed milk factory, milk depot, or farm dairy, failing to obey such
notices and warnings, shall be guilty of a misdemeanor, and upon con-
viction thereof, shall be punished by a fine of not less than twenty-five
dollars nor more than three hundred dollars, and cost of prosecution,
or imprisonment in the county jail not to exceed ninety days, or until
such fine and costs are paid, or both fine and imprisonment, at the dis-
cretion of the court.

14. It shall be the duty of the proprietor or proprietors of every
skimming station, creamery, cheese factory, condensed milk station, or
milk depot, in the State where milk or cream is received, by purchase
or otherwise, from three or more persons, to register with the dairy and
food commissioner, on or before April first of each year, upon blanks
furnished by said official, the location of such skimming station, cream-
ery, cheese factory, condensed milk factory, or milk depot, and the name
of its owner or owners and manager. And it shall be the duty of the
proprietor or proprietors of every skimming station, creamery, cheese
factory, condensed milk factory or milk depot, in this State, where
milk or cream is received, by purchase or otherwise, from three or more
persons, to file a report with the dairy and food commissioner, said
report to be made on or before April first of each year, upon blanks
furnished by said official, and to show the amount of milk or cream
received by said skimming station, creamery, cheese factory, condensed
milk factory, or milk depot during the year ending December thirty-
first preceding; and said report shall show the amount of butter, cheese,
or condensed milk, manufactured during the year, together with a list
of the names and post-office addresses of the patrons of said skimming
station, creamery, cheese factory, condensed milk factory, or milk depot.
Every skimming station, creamery, cheese factory, condensed milk fac-
tory, or milk depot, so registering and so reporting, shall pay to the
office of the State dairy and food commissioner an annual registration
fee of five dollars, to be paid at the time of such registration. The
money so collected by the dairy and food commissioner shall be paid
into the State treasury, and be used to help defray the expenses of the
office of the dairy and food commissioner in addition to the annual
appropriation therefor.

15. Any manufacturer, company, person or persons, who shall sell,
offer or expose for sale or for distribution, in this State, any concen-
trated commercial feeding stuff used for feeding live stock, shall furnish
with each car, or other amounts shipped in bulk, and shall affix to
every package of such feeding stuff, in a conspicuous place on the out-
side thereof, a plainly printed statement, clearly and truly certifying
the number of net pounds in the car or package sold, or offered for sale,
the name or trade mark under which the article is sold, the name of the
manufacturer or shipper, the place of manufacture, the place of busi-
ness and a guarantee stating the minimum percentage it contains of
crude protein, and fat, and the maximum per centum of crude fibre,
allowing one per centum of nitrogen to equal six and one fourth per
centum of protein, all constituents to be determined by the methods
adopted by the association of official agricultural chemists. Whenever
any feeding stuff is sold at retail, in bulk or package belonging to the
purchaser, the agent or dealer shall furnish to him a certificate of the
guarantee named in this section.

(a) The term concentrated commercial feeding stuffs as used in this
act shall include linseed meal, cotton seed meal, pea meals, cocoanut
meals, glutten meals, maize feeds, starch feeds, mixed sugar beets,
hominy feeds, rice meals, oat feeds, corn and oat feeds, meat meals,
dried blood, clover meals, mixed feeds of all kinds, slaughter house
waste products; also all condimental stock foods, patented and proprie-
tary stock foods, claimed to possess nutritive properties, and all other
materials intended for feeding to domestic animals: provided, that such
feeding stuffs as defined above shall not include, hays, straws, fodders,
ensilage, the whole seeds or the unmixed meals made directly from the
entire grains of wheat, rye, barley, oats, flax-seed, maize, buckwheat,
wet brewers grains, malt sprouts, wet beet pulp, when unmixed with
other materials. He or they shall pay to the dairy and food commis-
sioner an inspection fee of fifteen cents per ton for each ton of con-
centrated feeding stuff, except condimental, patented, proprietary, trade
mark, stock or poultry foods and condition powders, offered or exposed
for sale in this State, and shall supply with each car shipped in bulk,
and attached to each bag, barrel or package of such concentrated com-
mercial feeding stuff, a tag or tags to be furnished by the diary and food
commissioner, and any tags left in the hands of the manufacturer, dealer
or agent, shall not be used for another year, but shall be redeemed by
the said commissioner within thirty days after the beginning of the next
year, nor shall any tag be used the second time, and the said commis-
sioner is hereby empowered to prescribe the form of such tags; and the
manufacturer, dealer or agent, shall pay annually to the dairy and food
commissioner a license fee of twenty dollars for each and every brand
of condimental, patented, proprietary, trade mark, stock or poultry foods
and condition powders, he or they offer or expose for sale in this State.

(b) Before any manufacturer, company, person or persons, shall sell,
offer or expose for sale in this State any concentrated commercial feed-
ing stuff, he or they shall, for each and every feeding stuff bearing a
distinguishing name or trade mark, file annually with the dairy and
food commissioner, a sealed glass jar or bottle bearing name of manu-
facturer or person filing same, containing at least one pound of the
feeding stuff to be sold or offered for sale, together with a guaranteed
analysis stating the minimum per centum of crude protein and fat, and
the maximum per centum of crude fibre and an affidavit that it is a fair
sample of the article thus to be sold or offered for sale. The monev
collected under the provisions of this act shall be paid into the State
treasury, and be used to help defray the expenses of the office of the
dairy and food commissioner in addition to the regular appropriation
therefor. ‘

(c) Whenever the manufacturer, importer, agent or seller of any
commercial feeding stuff shall have complied with the requirements of
this section, the dairy and food commissioner shall issue or cause to be
issued, a license, permitting the sale of said feeding stuff, which license
shall terminate on January first, following the date of issue.

(d) All such analysis of commercial feeding stuffs required by this
act, shall be made under the direction of the dairy and food commis-
sioner and the board of agriculture and immigration, and shall be paid
for out of the funds arising from the tag tax, and fees provided for in
this section.

(e) The dairy and food commissioner shall publish, or cause to be
published in bulletin form, at least annually, a correct statement of all
analyses made, together with any incidental information concerning
same which he may deem proper.

(f) Any manufacturer, importer, company, agent, person or persons,
who shall sell, offer or expose for sale, without first complying with the
provisions of this act, any commercial feeding stuff, or shall attach or
cause to be attached to any car, package or other quantity of said feed-
ing stuff, an analysis stating it contains a larger percentage of any one
or more of the constitutents named in this section than it really does
contain, shall upon conviction thereof, be fined: not less than one hun-
dred dollars for the first offense, and not more than three hundred dol-
lars for each subsequent offense, and the offender shall also be liable
for damages sustained by the purchaser of such feeding stuff on account
of such misrepresentation.

(g) The dairy and food commissioner, by any duly authorized agent,
is hereby authorized to select from any package of commercial or other
feeding stuff, exposed or offered for sale in this State, a quantity not
exceeding two pounds for a sample, such samples to be used for the
purpose of an official analysis and for comparison with the certificate
filed with the dairy and food commissioner, and with the certificate
affixed to the package on sale.

16. The published annual report of the dairy and food commissioner,
which shall be made to the commissioner of agriculture and immigra-
tion, shall include a complete accounting of all moneys received and
expended by the said commissioner for the period covered by said report.

17. The enforcement of all existing laws to prevent the manufacture
and sale of adulterated and misbranded articles of food heretofore placed
under the direction of the commissioner and the board of agriculture
and immigration, shall hereafter be placed under the dairy and food
commissioner, and shall be enforced by him and under his direction ;
and all books, papers, and matters referring to the enforcement of such
laws shall be transferred to the office of the dairy and food commis-
sioner.

18. An emergency existing, because of the large and unlawful sale
of adulterated and misbranded food products, this act shall take effect
from its passage.