Chap. 403.—An ACT to amend and re-enact Section 1215 of the Code of Vir-
ginia, as heretofore amended, relating to ice cream and other frozen pro-

ducts. [S B 220]
| Approved April 1, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tion twelve hundred and fifteen of the Code of Virginia, as heretofore
amended, be amended and re-enacted so as to read as follows:

Section 1215. (a) Ice cream is hereby defined to be a frozen
product made from pure cream and/or sweet milk, evaporated or con-
densed milk, evaporated or condensed skim milk, dry milk or dry
skim milk, pure milk fat, wholesome sweet butter, or any products,
with sugar or honey and with or without fresh eggs or wholesome
egg products, harmless flavoring and coloring, and pure edible gela-
tine or stabilizer not to exceed six-tenths of one per centum. All
plain ice cream must contain not less than ten per centum (10%)
by weight of milk fat and not less than thirty-five per centum (35%)
by weight of total solids, and must weigh not less than four and
one-half pounds per gallon as of finished product.

Fruit ice cream is a frozen product made as ice cream as herein
defined with the addition of sound, clean fruits, and contains not
less than eight per centum (8%) of milk fat, thirty-five per centum
(35%) total solids, and must weigh not less than four and one-half
pounds per gallon as of finished product.

Nut ice cream is a frozen product made as ice cream, as herein
defined, with the addition of sound, non-rancid nuts, and contains not
less than eight per centum (8%) of milk fat, thirty-five per centum
(35%) total solids, and must weigh not less than four and one-half
pounds per gallon as of finished product.

Chocolate ice cream is ice cream as herein defined and must con-
tain not less than eight per centum (8%) milk fat, thirty-five per
centum (35%) total solids, and must weigh not less than four and
one-half pounds per gallon, and may contain chocolate or cocoa for
flavoring.

Frozen custard and French ice cream is a frozen product made
as ice cream as herein defined, and must contain not less than eight
per centum (8%) milk fat, thirty-three per centum (33%) total solids,
two and one-half dozen egg yolks or the equivalent thereof of whole-
some egg powder, for each forty-six pounds of mixture prepared
for frozen custard or French ice cream.

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

Milk sherbet is a product frozen as ice cream, which 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 three per centum (3%) of milk fat. It may contain sugar,
harmless flavor and certified coloring matter and a standard amount
of stabilizer.
Provided that nothing in this act shall be construed to apply to
“frosted” or semi-frozen malted milk.

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 de-
grees may be permitted 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. All milk or milk
products used in the manufacture of ice cream or similar products
defined in this act shall be made of graded milk and cream or it
must be pasteurized. ,

The terms “manufacture”, “manufacture ice cream”, or any similar
term using any form of the word “manufacture”, in connection with
ice cream and other frozen food products shall be understood to
include in their meaning the compounding, pasteurizing, viscolizing,
homogenizing, emulsifying or freezing of ice cream and other similar
frozen food products and any other part of the process of making or
preparing ice cream and other similar frozen food products as here-
inabove defined, for sale for human consumption.

(b) All ice cream, custard, ices, sherbets and frozen novelties
shall be deemed adulterated when found below the minimum stan-
dards of frozen products defined in this act or which contain any
added ingredients 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 and
other frozen products.

(c) . It shall be unlawful for any person, firm, association or cor-
poration to manufacture in the State of Virginia or bring into or
receive in the State of Virginia, for sale or for any manufacturer to
sell or offer for sale therein, or to distribute any ice cream or frozen
products as defined in this act who does not possess an unrevoked
permit from the Commissioner of Agriculture and Immigration issued
by the Director of the Division of Dairy and Food. Such permits may
be suspended or revoked upon the violation of any of the terms of
this act by authority of the Commissioner of Agriculture and Immi-
gration acting through the Director of the Division of Dairy and Food.
Application for permit shall be made in writing to the Director of
the Division of Dairy and Food of the Department of Agriculture and
Immigration, who shall grant said permit to such applicant who shall
conform to the requirements of this act.

No application for a permit shall be denied by the Director of
the Division of Dairy and Food until the applicant has been accorded
a hearing on the merits of his application, of which said hearing he
shall receive a notice in writing at least ten days in advance of such
hearing. -No permit shall be revoked until the permit holder has
been accorded a hearing on the merits of such revocation, of which
said hearing he shall receive a notice in writing at least ten days in
advance of the same, except in cases in which it appears to the
Director of the Division of Dairy and Food that the sanitary or health
conditions constitute a public health menace or create an emergency.
It shall be a violation of this act to manufacture ice cream of
frozen products, or to operate an ice cream manufactory while an
application for permit is pending, or before the same has been granted.

(d) All buildings, rooms and places where ice cream and/or
similar products are manufactured must be well lighted, ventilated
and effectively screened. The floor must be made of concrete or
other impervious material and must be graded to drain properly. The
floor must be flushed with water often enough to keep it clean. The
walls and ceilings must be constructed so as to permit easy cleaning.
The walls and ceilings must be painted with a light colored paint as
often as deemed necessary by the inspectors. 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.

Every place in which ice cream is manufactured must be provided
with a sanitary toilet constructed and operated in accordance with
the regulations of the State Board of Health.

The minimum pasteurizing equipment shall be a pasteurizer or pas-
teurizers of an approved type, in good repair, and equipped with an
indicating thermometer. Washing facilities shall be provided including
wash basin, soap and towels. .

All cans and utensils used in the manufacture, handling, storage
and transportation of ice cream and similar frozen products must be
throughly washed and rinsed between each usage.

Shipping bags and insulated jackets shall be clean when leaving the
ice cream plant.

All apparatus, sanitary pipes, cans and utensils used in the manu-
facture and handling of ice cream and similar products must be steril-
ized between each usage with steam or boiling water. If boiling water
is used for sterilization a separate metal vat of sufficient size must be
provided in which to submerge cans and utensils for at least three
minutes.

(e) When suspicion arises as to the possibility of transmission of
infection from any person concerned with the manufacture and hand-
ling of ice cream or similar products the Commissioner of Agriculture
and Immigration acting through the Director of the Division of Dairy
and Food is authorized to require the following: (one) the immediate
exclusion of that person from making or handling ice cream; (two)
adequate medical and bacteriological examination of the person, of
his associates, and of his or their bodily discharges.

All persons coming in contact with processing and handling of
frozen products defined in this act shall wear clean clothing and shall
keep their hands clean at all times while thus engaged.

Chewing tobacco and smoking in rooms used for the manufacture
and handling of ice cream and similar products is prohibited.
Provided however nothing in subsection ‘“‘d” and in this sub-section
of this act, shall be construed as in anywise restricting, limiting or
affecting the use of devices commonly known as counter freezers,
designed for the freezing or dispensing of ice cream or other frozen
products, as defined in this act as they are ordinarily or customarily
used, placed or operated by retail drug stores, confectioneries, or
other retailers of ice cream and other frozen products, as defined in
this act.

(f{) Any ice cream mix shipped, transferred or transported and
frozen into ice cream at a place or places other than the place at
which it is compounded, mixed, pasteurized, homogenized, emulsified
or viscolized, must be placed in sterilized cans sealed with wire lead
seals and be adequately and plainly marked, labeled or tagged with
the name and address of the manufacturer or distributor, and the
date of pasteurization, and must be kept at a temperature not to
exceed forty-five degrees Fahrenheit, provided however, that ice cream
mix in transit shall not exceed fifty-five degrees Fahrenheit and must
be frozen into ice cream or other frozen products within eighty-four
(84) hours from the time of pasteurization.

(g) It shall be unlawful for any person, firm, corporation
or association to manufacture, sell, offer for sale or have in posses-
sion with intent to sell any ice cream or other similar frozen prod-
ucts, which are adulterated within the meaning of this act, or which
do not comply with the standards for such products, as such standards
are hereinabove fixed in subsection (a) of this section; or to sell,
offer for sale or have in possession with intent to sell any ice cream
or other similar frozen products, which have been manufactured out-
side of this State, unless the manufacturer of such products has com-
plied with all the requirements of this act relative to equipment and
methods, permit, and standards for such products.

(h) Nothing in this act shall be construed to apply to ice cream
and similar frozen products manufactured and sold by social, fraternal,
charitable, educational and religious organizations, provided that the
standards of purity and quality outlined in this act are maintained.

The State Board of Agriculture and Immigration is hereby author-
ized to make rules and regulations for the proper enforcement of this
act.

(i) Any person, firm, association or corporation who shall vio-
late any provisions of this act shall be fined not less than ten dollars
($10.00) nor more than one hundred dollars ($100.00), and if such
violation be of any of the provisions of subsection (g) of this section,
such violation shall also constitute grounds for revocation of the per-
mit of such person, firm, association or corporation by the Commis-
sioner of Agriculture and Immigration. Each violation shall consti-
tute a separate offense.

(j) 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.