Chap. 402.—An ACT to amend and re-enact section 1173 of the Code of Vir-
ginia, as heretofore amended, relating to skimming stations, creameries, cheese
factories, condensed milk stations, ice cream factories and milk depots, so as
to require licenses for creameries, cheese plants, condensed milk plants, ice
cream plants, milk distributing plants, and milk and cream buying stations, to
confer certain powers on and to impose certain duties upon the Commissioner
of Agriculture and Immigration, to provide for license fees, and to appro-
priate moneys received pursuant to the provisions of this section. [H B 349]

Approved March 30, 1936

1. Be it enacted by the General Assembly of Virginia, That section
eleven hundred and seventy-three of the Code of Virginia, as hereto-
fore amended, be amended and re-enacted so as to read as follows:

Section 1173. Licensing of creameries, et cetera; reports and
records required ; penalties.—(a) It shall be the duty of the proprietor
or proprietors of every creamery, cheese plant, condensed milk plant,
ice cream plant, milk distributing plant, and milk and cream buying
stations in this State where milk or cream is received, by purchase or
otherwise, to apply to the Commissioner of Agriculture and Immigra-
tion, upon blanks furnished by the said commissioner, for a license for
each separate place of business, the said application to be accompanied
in each case by a license fee of ten dollars. The said license shall be
issued by the Commissioner of Agriculture and Immigration, after an
adequate inspection by an authorized representative or agent of the
said commissioner, and the license issued shall be displayed in a con-
spicuous place in the office or on the inside wall of the creamery, plant
or station for which issued. All such licenses shall expire on the thirty-
first day of December next following the date of issuance.

(b) It shall be the duty of the proprietor or proprietors of every
creamery, cheese plant, condensed milk plant, ice cream plant, milk
distributing plant and milk or cream buying station in this State, where
milk or cream is received, by purchase or otherwise, to file on or
before April first of each year, upon blanks furnished by the Com-
missioner of Agriculture and Immigration a report with the said com-
missioner showing the amount of milk and cream received by the said
creamery, cheese plant, condensed milk plant, ice cream plant, milk
distributing plant or milk or cream buying station during the year
ending December thirty-first next preceding ; the said report shall also
show the amount of butter, cheese, condensed milk, ice cream and
other dairy products manufactured during such year.

(c) Records of the purchase of cream, shall be kept at each such
creamery, plant or station, and shall show, the date of purchase, the
net pounds of cream purchased, the test for butter-fat, price per pound
of butter-fat, and the total amount paid therefor, in such manner as
may be required by the said commissioner. All such records shall be
available for inspection by any authorized representative or agent of
the said commissioner, including the record of payment therefor.

(d) The duties herein imposed upon the Commissioner of Agri-
culture and Immigration shall be performed by him without addi-
tional compensation.

(e) Any person or persons owning or operating creamery, cheese
plant, condensed milk plant, ice cream plant, milk depot, or milk
distributing plant, or milk or cream buying station failing to comply
with the provisions of this section shall be deemed guilty of a mis-
demeanor, and upon conviction thereof shall be punished by a fine of
not less than ten nor more than one hundred dollars or confinement in
jail not to exceed sixty days, or both.

({) All funds derived from the license taxes herein provided for
shall be paid into the State treasury, and shall be, and are hereby,
appropriated to the State Commissioner of Agriculture and Immigra-
tion to be used by him, subject to the approval and consent of the State
Board of Agriculture and Immigration, to carry out and to enforce
the provisions of this section,