Chap. 276.—An ACT to fix the number of terms of the circuit courts of the Thirty-
third judicial circuit, and to authorize the judge of such courts to fix the days
for the commencement of the said terms. [S B 279]

Approved March 27, 1940

1. Be it enacted by the General Assembly of Virginia, That in
each of the counties of Lee and Wise, comprising the thirty-third
judicial circuit, there shall be held four terms of the circuit court in
each year, the days for the commencement of the same to be fixed
by the judge of such courts, who may from time to time, change the
days for the commencement of such terms, or any of them, as pro-
vided by general law.

2. An emergency existing, this act shall be in force from May
first, nineteen hundred and forty.

Cbap. 277.—An ACT to amend and re-enact Section 1215 of the Code of Virginia,
as heretofore amended, relating to ice cream and other frozen products.

[S B 297
Approved March 27, 1940

1. Be it enacted by the General Assembly of Virginia, That
section twelve hundred and fifteen of the Code of Virginia, as hereto-
fore 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
condensed milk, evaporated 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 fresh eggs or
wholesome egg products, harmless flavoring and coloring, and pure
edible gelatine 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 contain
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 or 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 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. 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 herein-
above 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 stand-
ards 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
corporation 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. 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 Immigration. Application for permit shall be made in writing to
the Commissioner of Agriculture and Immigration, who shall grant
said permit to such applicants who shall conform to the requirements
of this act. No application for a permit shall be denied by the Com-
missioner 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 said Commissioner
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 or
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
pasteurizers 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
thoroughly washed and rinsed between eash 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
sterilized at the end of each day’s operation with steam or boiling
water, provided that water at a temperature of at least one hundred
and eighty-five degree Fahrenheit will be permissible for cleaning
and sterilization of counter freezers if piped convenient to the freezer
operation. 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 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 body discharges.

All persons coming in contact with processing nd 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 by persons engaged in manufactur-
ing or processing ice cream and other frozen products as herein de-
fined in rooms used for the manufacture and handling of ice cream
and similar products is prohibited. Provided however that in the
case of devices commonly known as counter freezers designed for
freezing or dispensing of ice cream or other frozen products as defined
in this act as they are ordinarily or customarily used, placed or op-
erated by retail drug stores, confectioneries, or other retailers of ice
cream and other frozen products as defined in this act, the provisions
of paragraph (d) with reference to floors, walls, ceilings, and storage
rooms shall not apply to such counter freezers when operated in such
drug stores or other retail places.

(f) Any ice cream mix shipped, transferred or transported and
frozen into ice cream at a place or places other thai at 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 teraperature 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.

(zg) It shall be unlawful for any person, firm, corporation or
association to manufacture, sell, offer for sale or have in possession
with intent to sell any ice cream or other similar frozen products,
which are adulterated within the meaning of this act, or which do
not comply with the standards for such products, <s 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 outside
of this State, unless the manufacturer of such prod icts has complied
with all the requirements of this act relative to equ: pment and meth-
ods, and 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 scld by social, fra-
ternal, charitable, educational and religious organ zations, provided
that the standards of purity and quality outline1 in this act are
maintained.

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

(i) Any person, firm, association or corporation who shall violate
any provision of this act shall be fined not less than ten dollars (910.00)
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 vio-
lation shall also constitute grounds for revocation of the permit of
such person, firm, association or corporation by the Commissioner of
Agriculture and Immigration. Each violation shall constitute 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.