Chap. 379.—An ACT to amend and re-enact sections 1215 and 1216 of the Code of
Virginia, as heretofore amended, relating to ice cream, condensed milk and
other frozen products. [H B 317]

Approved March 28, 1932

1. Be it enacted by the general assembly of Virginia, That sections
twelve hundred and fifteen and twelve hundred and sixteen of the
Code of Virginia, as heretofore amended, be amended and re-enacted
so as to read as follows:

Section 1215. Ice cream is a frozen product made from pure cream
and/or sweet milk, skim-milk, evaporated or condensed milk, evapo-
rated or condensed skim-milk, dry milk or dry skim-milk, pure milk
fat, wholesome, sweet butter or any such products, with sugar or honey
and with or without clean, wholesome eggs or egg products, harmless
flavoring and coloring and pure, edible gelatine for stabilizer not to
exceed six-tenths of one percentum in regulations made under authority
of this section.

Fruit ice cream is a frozen product made from cream, milk, sugar
and sound clean fruits, and contains not less than eight percentum of
milk fat.

Nut ice cream is a frozen product made from cream, milk, sugar
and sound, nonrancid nuts, and contains not less than eight percentum
of milk fat. |

Chocolate ice cream is ice cream made from the standard ice cream
mix and must contain not less than eight percentum milk fat and may
contain chocolate or cocoa for flavoring.

Frozen custard, is a frozen product made from dairy products and
frozen as ice cream and must comply with the minimum standards for
‘ce cream as outlined in this section, except it must contain wholesome,
fresh eggs or powdered egg products of good quality.

Water ice is a frozen product made of a mixture of water, sugar
and harmless flavor and color and a standard amount of stabilizer and
frozen as ice cream.

Milk sherbet is a frozen product of which the mixture may contain
whole milk, skim-milk and/or condensed skim-milk and may have a
portion of ice cream mix added thereto but must not contain more than
two and five-tenths percentum of milk fat. It may contain sugar,
harmless flavor and color and a standard amount of stabilizer and
frozen as ice cream.

Imitation ice cream, is any substance, mixture or compound, regard-
less of the name under which it may be manufactured or sold, made
or offered for sale in imitation or semblance of ice cream, or prepared
or frozen as ice cream, and not otherwise defined in this section.

In the manufacture of ice cream the use of a small amount of
gelatine, not exceeding four ounces to ten gallons of cream, is permitted,
together with sugar and eggs, and such coloring matter as permitted
under the national pure food laws.

Condensed milk is skim-milk, from which a considerable portion
of water has been evaporated.

The term “pasteurization,” “pasteurized” and similar terms shall be
taken to refer to the process of heating every particle of milk or milk
products to a temperature of not less than one hundred and forty-two
degrees Fahrenheit, and holding at such temperature for not less than
thirty minutes.

Pasteurization up to one hundred and sixty degrees may be per-
mitted if held at this temperature for ten minutes. or if heated to a
temperature of one hundred and seventy degrees Fahrenheit or above
may be cooled immediately.

The minimum pasteurizing equipment shall be a pasteurizer of the
vertical or horizontal type, in good repair and equipped with an in-
dicating thermometer.

Ice cream shall be deemed adulterated when it does not meet the
minimum fat and solids standards as outlined in this section, or con-
tains any added ingredient which will render it injurious to health, or
which contains any fat other than milk fat, except as contained in
cocoa used in chocolate ice cream or in chocolate coating for ice cream.

Except as hereinbefore provided all ice cream, imitation ice cream
and other products defined in this section, except ices and sherbets,
shall contain as follows:

(a) All plain ice cream must contain not less than ten per centum
(10%) by weight of milk fat and not less than thirty-three per centum
(33%) by weight of total solids.

(b) All fruit and nut ice cream must contain not less than eight
per centum (8%) by weight of milk fat and not less than thirty-one
per centum (31%) by weight of total solids.

All milk or milk products used in the manufacture of ice cream
defined in this section shall be made from graded milk or it must be
pasteurized.

All apparatus, sanitary pipes, cans and utensils used in the process
of manufacture and storage of ice cream must be sterilized between
each usage with steam or boiling water.

All cans and containers which are rusty or unconditioned by
bruises or cracked seams, et cetera, must be retinned or provided with
a sanitary liner made from parchment paper or other suitable material.

All storage rooms and storage cabinets used for the storage of ice
cream must be used only for the storage of ice cream, ices, sherbets
and milk products.

No person, firm or corporation shall manufacture ice cream or any
other products defined in this section in any room or other place that
is not maintained in a sanitary condition, and is not approved by the
dairy and food division of the department of agriculture and immigra-
tion, as outlined in chapter two hundred and sixty-five, Acts approved
March fifteenth, nineteen hundred and twenty-four.

It shall be the duty of the Commonwealth attorney, to whom the
director of the dairy and food division, or his representative, shall
report any violation, to cause appropriate proceeding to be instituted in
the proper forum and prosecute without delay for enforcement of the
penalties herein specified.

Section 1216. It shall be unlawful for any person, firm or corpora-
tion to offer or expose for sale any ice cream, frozen custard, milk
sherbet, imitation ice cream or condensed milk which does not meet
the standards fixed by the preceding section for the article or articles
manufactured, exposed or offered for sale as ice cream, frozen custard,
milk sherbet or imitation ice cream or condensed skimmed milk.