CHAP. 332.—An ACT to amend and re-enact Section 1173 of the Code of Vir-
ginia, as heretofore amended, relating to creameries, cheese plants, condensed
milk plants, ice cream plants, milk distributing plants, and milk and cream
buying stations, so as to provide records for proof of payments made for
cream and to provide for revocations of licenses for violation of any of the
provisions of this section. [S B 219]

Approved March 30, 1938

1. Be it enacted by the General Assembly of Virginia, That section
leven 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 an
Records Required ; Penalties.—(a) It shall be the duty of the proprieto
or proprietors of every creamery, cheese plant, condensed milk plan
ice cream plant, milk distributing plant, and milk and cream buyin,
stations in this State where milk or cream is received, by purchase o
otherwise, to apply to the Commissioner of Agriculture and Immigra
tion, upon blanks furnished by the said commissioner, for a license fo
each separate place of business, the said application to be accompaniec
in each case by a license fee of ten dollars. The said license shall b
issued by the Commissioner of Agriculture and Immigration, after at
adequate inspection by an authorized representative or agent of the
said commissioner, and the license issued shall be displayed in <
conspicuous place in the office or on the inside wall of the creamery
plant or station for which issued. All such licenses shall expire or
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 Commissioner
of Agriculture and Immigration a report with the said commissioner
showing the amount of milk and cream received by the said creamery,
cheese plant, condensed milk plant, ice cream plant, milk distributing
lant or milk or cream buying station during the year ending December
hirty-first next preceding; the said report shall also show the amount
of butter, cheese, condensed milk, ice cream and other dairy products
nanufactured during such year,

(c) Records of the purchase of cream shall be kept at each such
reamery, plant or station, and shall show, the date of purchase, the net
ounds of cream purchased, the test for butter-fat, price per pound
f butter-fat, and the total amount paid therefor, in such manner as
nay be required by the said commissioner. When payment for cream
s made in cash, a receipt signed by the person to whom such payment
s made shall be kept among the records: and when payment is made
y check, the cancelled checks shall be returned and kept at each such
reamery, plant or station, unless facsimile impression copies of all
uch checks or receipts, are kept among the records. All such records
aall be available for inspection by any authorized representative or
gent of the said commissioner, including the record of payment there-
or. The failure to keep such records in the manner required by the
id commissioner, shall be a violation of this act and in addition to
le other penalties herein provided shall be a ground for the revocation
y the said commissioner of the license of any such creamery, plant
* station so failing.

(d) The duties herein imposed upon the Commissioner of Agri-
ture and Immigration shall be performed by him without additional
mpensation.
(e) Any person or persons owning or operating any 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. Whenever it appears to the
said commissioner that the provisions of this act have been violated,
such violation shall be a ground for revocation of license, but no license
shall be revoked until the licensee has been accorded a hearing upon
the merits of such revocation, of which said hearing he shall be notified
in writing at least ten days in advance of the date set for the same.

(f) <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. :