Chap. 242.—An ACT to amend and reenact Section 23, as amended, of Chapter
216 of the Acts of Assembly of 1924, approved March 14, 1924, relating to
bottles used for sale of milk and cream. {H 400]

Approved March 13, 1948

Be it enacted by the General Assembly of Virginia:

1. That section twenty-three, as amended, of chapter two
hundred sixteen of the Acts of Assembly of nineteen hundred
twenty-four, approved March fourteen, nineteen hundred twenty-
four, be amended and reenacted as follows:

Section 23. Bottles used for the sale of milk or cream shall
be of the capacity of one-half gallon, one quart, one pint, one-half
pint, or one gill. Each bottle used for the sale of milk or cream
shall be clearly and permanently marked with its capacity, with
the word “sealed” and, for purposes of identification, with the
name, initials, or trade-mark of the manufacturer and the manufac-
turer’s mold designation which identifies the pattern or design of
the bottle; the capacity designation and the word “Sealed” shall
not be on the bottom of the bottle. As a condition precedent to
the sale or offering for sale, for use within this State, of milk or
cream bottles, the manufacturer thereof shall have on file with the
Commissioner of Agriculture and Immigration a bond in the sum
of one thousand dollars, with sureties, approved by the Attorney
General, and conditioned upon conformance of the bottles so sold
or offered for sale with the requirements of this section.

Any manufacturer who sells or offers to sell milk or cream
bottles to be used in the State that do not comply as to size and
markings with the provisions of this section, shall suffer a penalty
of five hundred dollars, to be recovered by the Attorney General in
an action against the offender’s bondsman to be brought in the
name of the Commonwealth. Any dealer who uses, for the purpose
of selling milk or cream, bottles, purchased after this law takes
effect that do not comply with the requirements of this section as
to markings and capacity, shall be deemed guilty of using a false or
insufficient measure.

The Commissioner of Agriculture and Immigration, his deputy
and inspectors, and county and city sealers and deputy sealers of
weights and measures are not required to seal bottles for milk or
cream marked as in this section provided, but they shall have the
power to and shall from time to time make tests on individual
bottles used by the various firms in the territory over which they
have jurisdiction in order to ascertain if the above provisions are
being complied with; county and city sealers of weights and
measures shall immediately report violations found to the Commis-
sioner of Agriculture and Immigration.