Chap. 155.—An ACT to define the terms “milk,” “cream” and “pasteurized milk” ;
to fix and define the grades thereof; to prohibit the sale or dispensing of
milk or cream not of certain standards; to regulate the production and handling
of milk and cream; to provide for issuing permits and for the revocation of
such permits; to provide penalties for violations ; and to repeal section 1211-A
to 1211-I, both inclusive, of the Code of Virginia, and all other acts or parts
of acts in conflict with this act. [H B 228]

Approved March 24, 1934

Be it enacted by the General Assembly of Virginia as follows:

1. The following definitions shall apply in the interpretation of this
act:
Milk. (a) Milk is hereby defined to, be the whole, fresh, clean, lac-
teal secretion obtained by the complete milking of one or more healthy
cows, excluding that obtained before and after calving for such a period
as may be necessary to render the milk, practically colostrum free.

Cream. (b) Cream is that portion of milk rich in milk fat which
raises to the surface of the milk on standing or is separated from it
by centrifugal force.

Skimmed milk. (¢) Skimmed milk is milk from which substantially
all the milk fat has been removed.

(d) The terms “pasteurization,” “pasteurized,” and similar terms
shall be taken to refer to the process of heating milk to a temperature
of approximately one hundred and forty-five degrees (145°) fahrenheit ;
never less than one hundred and forty-two degrees (142°) fahrenheit,
and holding at such temperature for not less than thirty minutes in
pasteurization equipment and by methods approved by the inspectors
of the Division of Dairy and Food of the Department of Agriculture
and Immigration, and immediately cooled to a temperature of fifty
degrees (50°) fahrenheit or lower and held at such temperature until
delivered to the consumer.

Adulterated milk, cream and skimmed milk. (e) Mulk, cream or
skimmed milk, is regarded as adulterated milk, cream or skimmed milk,
when found to come under any of the following classifications, and no
person shall sell, offer for sale, distribute or dispense for human con-
sumption as milk, cream or skimmed milk, or have in his possession
with intent to sell or deliver for human consumption:

(First) Milk, cream or skimmed milk to which water or any color-
ing matter, preservative, or other foreign substance has been added, or

(Second) Milk containing less than three and one-quarter per cent
milk fat, or less than eleven and three-fourths per cent total solids; or
cream containing less than eighteen per cent milk fat; or skimmed milk
which contains less than eight and five tenths per cent solids not fat, or

(Third) Milk, cream or skimmed milk containing, or which has
been exposed to, any infectious or contagious bacteria.

2. It shall be unlawful for any person, firm, association or corpora-
tion to bring into or receive in the State of Virginia for sale, or to
sell or offer for sale, or distribute therein, or to have in his possession
with intent to sell any milk or milk products, excepting evaporated
milk, condensed milk, condensed skimmed milk, powdered whole milk
and powdered skimmed milk, buttermilk, ice-cream, butter, cheese or
cream sold for manufacturing purposes who does not possess an
unrevoked permit from the Commissioner of Agriculture and Immigra-
tion issued by the Division of Dairy and Food, approved by the State
Board of Agriculture. Permits shall be posted in a conspicuous place
upon an inside wall of one of the dairy farm or milk plant buildings,
and said permit shall not be removed by any person except an in-
spector of the Division of Dairy and Food of the Department of Agri-
culture and Immigration. Such permit may be suspended or revoked
by the Commissioner of Agriculture and Immigration through the Di-
vision of Dairy and Food upon the violation by the holder of any of
the terms of this act.

3. All bottles, cans and other containers enclosing milk or milk
products defined in this act shall be plainly labeled with, (first) the
name and address of the producer or distributor, (second) the name of
the contents as given in the definitions of this act, (third) the grade
of the contents if said contents are graded under the provisions of this

act, (fourth) the word “pasteurized” if the contents have been pasteur-
ized, (fifth) the word “raw” if the contents are raw.

Every grocery store, restaurant, cafe, soda fountain or similar
establishment selling or serving milk or cream shall display in a place
designated by the inspector a card furnished by the Division of Dairy
and Food of the Department of Agriculture and Immigration, stating
the grade of milk or cream, and whether same is raw or pasteurized.

4. The following grades of milk and cream are hereby specified,
and all milk and cream as herein defined sold in the State of Virginia
must conform to one of these grades and be so labeled:

(1) Grade “A” raw milk and cream.

(2) Grade “A” pasteurized milk and cream.

(3) Grade “B” raw milk and cream.

(4) Grade “C” raw milk and cream.

5. Grade “A” raw milk shall have an average bacterial count of not
over one hundred thousand (100,000) organisms per cubic centimeter
when delivered to the consumer. Dairies producing this grade of milk
and cream shall score at least eighty (80) points on the score card of
the Division of Dairy and Food of the Department of Agriculture and
Immigration, and of the eighty (80) points at least forty (40) points
must be for methods and shall conform with all the following items
of sanitation:

Cows (1). A tuberculin test of all cows shall be made at least once
a year by a qualified veterinarian. Herds showing reactors on any test
shall be retested within ninety (90) days, but not, before the lapse of
sixty (60) days. A certificate signed by the veterinarian and filed with
the said Division of Dairy and Food shall be the only valid evidence of
the above test. Every diseased animal shall be removed from the herd
at once.

Barns (2). A separate barn or a separate section of a barn, shall be
provided for the dairy cows.

Air space (3). Barns shall have five hundred (500) cubic feet of air
space per stall.

Lighting (4). Every barn shall contain four square feet of glass
per stall.

Floors (5). Floors, mangers and gutters of dairy barns shall be
constructed of concrete or other impervious material, and must be
graded to drain properly, and must be kept clean and in good repair.

Walls (6). Walls of barns must be kept clean and shall be painted
or white-washed as often as may be deemed necessary by the inspector.

Ceilings (7). If storage is provided over the cows, a tight floor
must be laid between the space occupied by the cows and the forage.
Ceilings must be painted or white-washed as often as may be deemed
necessary by the inspector.

Stanchions (8). All barns in which cows are housed permanently
shall be equipped with swinging stanchions. In barns used for milking
only, stanchions may be of any type approved by the inspector.

Removal and disposal of manure (9). Manure shall not be stored
nearer than fifty (50) feet to the dairy barn or milk house, and shall
be disposed of in such manner as best to prevent the breeding of flies.

Barnyard (10). The barnyard shall be graded and well drained,
and the barn shall be kept free from contaminating surroundings. Hog
pens must not be maintained within one hundred (100) feet of the
barn or milk house.

Toilet (11). Every dairy shall be provided with a sanitary toilet or
privy, constructed and operated in accordance with the rules and regula-
tions of the Virginia State Board of Health, and said toilet must be
conveniently located to the dairy.

Milk house (12). The milk house must be a separate building, and
not directly connected with the barn or dwelling, and must be of sut-
ficient size for the handling and storage of milk, and the proper wash-
ing, sterilizing and storage of utensils, and must be used for no other
purpose than the handling of milk, cream and milk products. The floors
shall be of concrete and graded to drain properly. The building shall
be well lighted, ventilated and effectively screened. If constructed of
wood it must be ceiled. The walls and ceilings must be smooth and
must be painted as often as deemed necessary by the inspector. The
floors, walls, ceilings and windows must be kept clean at all times.

Water supply (13). The water supply must be easily accessible,
adequate and of a safe, sanitary quality.

Utensils (14). All containers or utensils used in the handling and
storage of milk and cream must be of such construction as to be easily
cleaned, and must be in good repair. All milk pails shall be of a narrow-
mouth design.

Cleaning (15). All containers and other utensils used in the hand-
ling of milk shall be thoroughly cleaned between each usage.

Sterilization (16). All containers and other utensils used in the
handling of milk shall be sterilized between each usage with steam
or boiling water in adequate equipment approved by the inspector.

Milking (17). The udders and teats of all milking cows shall be
washed and dried with clean cloths before each milking.

Milkers’ hands (18). Milkers’ hands shall be rinsed with a dis-
infectant and dried with a clean cloth before milking.

Clean clothing (19). Milkers shall wear clean garments while milk-
ing and handling milk.

Milk stools (20). Milk stools shall be of metal and kept clean.

Cooling (21). Each pail of milk shall be removed from the barr
to the milk house or straining room where it must be promptly coolec
by the use of a mechanical cooler to seventy (70°) degrees fahrenheit o1
lower and maintained at that temperature until delivered to the con.
sumer.

Caps and capping (22). Milk bottle caps shall be purchased in sant-
tary tubes only and shall be kept therein until used. Capping shall be
done mechanically. Hand capping is prohibited.

Procedure when infection suspected (23). When suspicion arise:
as to the possibility of transmission of infection from any person con
cerned with the handling of milk, the Division of Dairy and Food of thi
Department of Agriculture and Immigration is authorized to require an}

or all of the following measures: (first) The immediate exclusion of
that person from milk handling; (second) The immediate exclusion
of the milk supply concerned from distribution and use; (third) Ade-
quate medical and bacteriological examination of the person, of his
associates, and of his and their bodily discharges.

Notice shall be sent to the Division of Dairy and Food of the De-
partment of Agriculture and Immigration within twenty-four hours by
the milk producer or distributor when a case of any infectious, con-
tagious or communicable disease occurs or is suspected on any dairy farm
or in connection with any milk plant.

6. Grade “B” raw milk shall have a bacteria count of not over twc
hundred thousand (200,000) organisms per cubic centimeter when de-
livered to the consumer. Dairies producing this grade of milk shall
score at least seventy (70) points on the score card of the Division of
Dairy and Food of the Department of Agriculture and Immigration, and
of the seventy (70) points at least thirty-five (35) points must be for
methods, and shall conform with all of the items of sanitation specified
for grade “A” milk except three, four, five, seven, twenty and twenty-
two.

7. Grade “C” raw milk shall have a bacteria count of not over one
million (1,000,000) organisms per cubic centimeter when delivered to
the consumer. Dairies producing this grade of milk shall score at least
fifty (50) points on the said score card of the Department of Agricul-
ture and Immigration, and of the fifty (50) points at least thirty (30)
points must be for methods, and shall conform with all of the items of
sanitation specified for grade “A” milk except two, three, four, five,
seven, eight, twelve, eighteen, nineteen, twenty, twenty-two. Item four-
teen shall apply except that open pails may be substituted for narrow-
mouth pails. Item twenty-one shall apply except that other methods of
cooling may be used if approved by the inspector.

8. Grade “A” pasteurized milk is grade “A” raw milk which has
been pasteurized, cooled and bottled, and shall have a bacteria count of
not over one hundred thousand (100,000) organisms per cubic centi-
meter before pasteurization and not over fifty thousand (50,000) orga-
nisms per cubic centimeter after pasteurization, when delivered to the
consumer.

Milk pasteurizing and distributing plants. All buildings, equipment,
machine, device and methods used for the pasteurization, bottling, cap-
ping or handling of milk and cream as herein defined to be sold in the
State of Virginia must be approved by the inspectors of the Division
of Dairy and Food of the Department of Agriculture and Immigration.

All plants distributing milk and/or cream shall score at least eighty
(80) points on the said score card of the Department of Agriculture
and Immigration, and of the eighty (80) points forty-five (45) points
must be for methods.

No fluid milk or cream as herein defined shall be pasteurized more
than once.

All pasteurized milk shall be placed in its final delivery container
in the plant in which it is pasteurized.

9, All plants holding State permits for the sale of milk or cream,
hall keep accurate quantitative records of receipts and disbursements
»f milk and cream. Such records shall be available at all times for in-
pection by the said inspectors of the Department of Agriculture and
[mmigration.

10. The provisions of this act shall not apply to any person keeping
‘wo milch cows or less. In this case any milk sold to the public must
9e produced under reasonably sanitary conditions that will safeguard
he public with a clean and safe milk.

11. The provisions of this act shall not apply to cities and towns
which have ordinances regulating the production and distribution of
milk and cream with provisions more rigid than those incorporated in
this act.

12. Any person, firm or association who shall violate any provision
of this act shall be fined not less than ten dollars ($10.00), nor more
than one hundred dollars ($100.00). Each violation shall constitute a
separate offense. 2. Should any section, paragraph, sentence, clause
or phrase of this act be declared unconstitutional or invalid for any
reason the remainder of said act shall not be affected thereby.

13. The State Board of Agriculture and Immigration is hereby
authorized to make rules and regulations for the proper enforcement
of the provisions of this act.

14. Be it further enacted by the General Assembly of Virginia,
That sections twelve hundred and eleven-a to twelve hundred and
eleven-i, both inclusive, of the Code of Virginia and all other acts and
parts of acts in conflict with the provisions of this act, be and the same
are hereby repealed.