Chap. 278.—An ACT to amend and re-enact Sections 1207 and 1208 of the Code of
Virginia, relating to the inspection of milk and cream, so as to require license for
sampling and weighing milk or cream as a basis of determining the value of same
in buying or selling. [S B 298]

Approved March 27, 1940

1. Be it enacted by the General Assembly of Virginia, That
sections twelve hundred and seven and twelve hundred and eight of
the Code of Virginia be amended and re-enacted so as to read as
follows: ,

Section 1207. No inspector of milk or cream, and no person in
any milk inspection laboratory, shall manipulate the Babcock or other
centrifugal machine for the purpose of determining the composition
of milk or cream for purposes of inspection, and no person in any
milk depot, ice cream factory, confectionery, creamery, cheese factory,
condensed milk factory, or other place in this Commonwealth shall
manipulate the Babcock or other centrifugal machine for the purpose
of determining the composition or value of milk or cream, or shall
take samples or weigh milk or cream, as a basis for payment in buying
or selling, without first obtaining a certificate from the Commissioner
of Agriculture and Immigration that he is competent to perform
such work. The fee for such certificate shall be one dollar and shall
be paid by the applicant therefor to the said commissioner. In case
any holder of a certificate is notified by the commissioner, his assist-
ants or agents to correct his use of a Babcock or other centrifugal
machine, or his method of sampling or weighing, and such person or
holder of a certificate so notified fails to comply with the notice and
correct his use of a Babcock or other centrifugal machine, or his
methods of sampling or weighing, he shall be deemed guilty of a
violation of the provisions of this act, and the said commissioner and
the chief chemist of the Department of Agriculture and Immigration,
acting jointly, may forfeit his certificate. No holder of a certificate
whose authority to manipulate a Babcock or other centrifugal ma-
chine, or to sample or weigh milk or cream for the purposes aforesaid
has been revoked by the commissioner and the said chief chemist
shall thereafter manipulate in this Commonwealth any centrifugal
machine or sample or weigh milk or cream for the purposes aforesaid
until his certificate has been renewed.
Section 1208. The Commissioner of Agriculture and Immigration
is hereby authorized to issue certificates of competericy to such per-
sons desiring to manipulate the Babcock or other cen:rifugal machine
or to sample or weigh milk or cream who may present certificates of
such competency properly filled out and signed by the professor of
dairy husbandry or other authorized officer of the Virg.nia Agricultural
and Mechanical College and Polytechnic Institute, and to such other
persons as, in the opinion of the said commissioner are competent to
manipulate said machines, and to sample or weigh milk or cream.
The said commissioner may make and enforce rules zoverning appli-
cations for such certificates and the granting thereof and may, in
his discretion, revoke the authority of any holder of <. certificate who,
in his opinion and the opinion of the said chief chemist is not cor-
rectly manipulating any Babcock or other centrifugal machine, or
correctly sampling or weighing milk or cream as aforesaid or is using
dirty or otherwise unsatisfactory glassware or utensils. The Com-
missioner of Agriculture and Immigration is hereby authorized to fix
such standards and to issue such regulations as nay be deemed
necessary to carry out the provisions of this act; provided, that in
the use of the Babcock or other centrifugal machiie, the standard
milk measurer or pipettes shall have a capacity of seventeen and six-
tenths (17.6) cubic centimeters and the standard test: tubes or bottles
for milk shall have a capacity of two (2) cubic cen:imeters for each
ten per centum marked on the necks thereof; crearn shall be tested
by weight and the standard units for testing shall be eighteen (18)
grams, and nine (9) grams, and it is hereby made a violation of the
provisions of this act to use any other standard cf milk or cream
measure where milk or cream is purchased by or furnished to cream-
eries or cheese factories, and where the value of sa.d milk or cream
is determined by the per centum of butter fat contéined in the same
or where the value of milk or cream is determined by the per centum
of butter fat contained in the same by the Babcock: or other centri-
fugal test or cream test or butter fat test scales. [n sampling milk
or cream from which composite tests are to be mide to determine
the per centum of butter fat contained therein, no such sample or
sampling shall be lawful unless a sample be taken frcm each weighing,
and the quantity thus used shall be proportioned tc the total weight
of the milk or cream tested.