Chap. 517.—An ACT to regulate the production, handling, distribution and sale
of milk, cream and certain milk products; to define certain terms, prohibit
certain acts and provide penalties for violations ; to provide for the administra-
tion of the act and the making of certain rules and regulations; and to repeal
Chapter 155 of the Acts of gsserabty of 1934, approved March 24, 1934, and
all amendments thereto, relating to the foregoing. (H 298)

Approved April 5, 1948

Be it enacted by the General Assembly of Virginia:

1. Section 1. The following terms shall have the meanings respect-
ively set forth herein unless a different meaning is required :

(a) Milk is hereby defined to be the whole, fresh, clean lacteal
secretion obtained by the complete milking of one or more healthy cows,
excluding that obtained before and after calving for such a period as may
be necessary to render the milk practically colostrum free.

(b) Cream is that portion of milk rich in milk fat which rises to the
palace of the milk on standing or is separated from it by centrifugal
orce.

(c) Skimmed milk is milk from which substantially all the milk
fat has been removed.

(d) Homogenized milk is milk which has been treated in such
manner as to insure breakup of the fat globules to such an extent that
no visible cream separation occurs on the milk after forty-eight hours
storage, and the fat percentage of top one cubic centimeters in a quart
bottle or of proportionate volumes in containers of other sizes does
not differ by more than ten per centum of itself, from the fat percentage
of the remaining milk as determined after thorough mixing.

(e) Goat milk is the lacteal secretion, free from colostrum, obtained
by the complete milking of one or more healthy goats.

(f) Milk products means and includes the product or products
hereinafter defined.
(1) Chocolate milk is milk to which has been added a chocolate
syrup or flavor consisting of wholesome ingredients. Chocolate milk
shall contain not less than three and twenty-five hundredths per centum
butterfat and eight and fifty hundredths per centum milk solids not fat.

Chocolate beverage or drink, chocolate skim milk beverage ‘or drink is
a product consisting of milk or skim milk to which has been added choco-
late syrup or flavor consisting of wholesome ingredients. The finished
product may contain less than three and three and 25/100 per centum
butterfat and shall contain not less than eight and fifty hundredths per
centum milk solids not fat.

Milk or skim milk or cream used in chocolate milk or chocolate
beverage or drink or chocolate skim milk, beverage or drink shall con-
form to the grades of milk as hereinafter set forth in this act and the
finished product shall be labeled according to the grade of milk used.

(2) Buttermilk or cultured buttermilk is a product resulting from
the churning of milk or cream, or from the souring or treatment by a
lactic acid or other culture of milk, skimmed milk, evaporated or con-
‘densed milk or milk or skimmed milk powder and shall contain not
less than eight per centum of milk solids not fat.

(3) Evaporated milk, condensed milk, dried milk, butter, cheese,
ice cream mix, ice cream or other products used for human consumption
which are labeled as Grade A and the base of which is Grade A milk
or a derivative of Grade A milk, shall in addition meet the standards
prescribed by the Department of Agriculture and Immigration in its
latest standards and regulations.

(4) Reconstituted or recombined milk is a product resulting from
the combining of milk constituents with water, and which complies with
‘the standards for milk fat and solids-not-fat of milk.

(5) Reconstituted or recombined cream is a product resulting from
‘the combination of dried cream, butter, or butterfat with cream, milk,
‘skimmed milk or water.

. Reconstituted milk or cream shall not be sold for fluid consumption
,except during an emergency specifically designated by the Director of
Division of Dairy and Foods.

(g) Dairy farm means any place or premises where four or more
milking animals are kept, a part or all of the milk or milk products
from which are distributed, delivered, sold or offered for sale under the
provisions of this act.

(h) Dairy plant means any place, premises or establishment at
which milk or milk products are collected, handled, processed, stored,
bottled, packaged, pasteurized, or prepared for sale or distribution under
the provisions of this act.

(i) Distributor means any person who bottles, packages, processes,
‘manufactures, or otherwise prepares milk or milk products for dis-
tribution or sale under the provisions of this act.

The terms “pasteurization”, “pasteurized”, and similar terms
shall be taken to refer to the process of heating milk to a temperature of
approximately one hundred forty-five degrees (145°) Fahrenheit ; never
less than one hundred forty-two degrees (142°) Fahrenheit, and holding
at such temperature for not less than thirty minutes in pasteurization
equipment and by methods approved by the Inspectors of the Division
of Dairy and Food of the Department of Agriculture and Immigration,
and immediately cooled to a temperature of fifty degrees (50°) Fahren-
heit or lower and held at such temperature until delivered to the con-
sumer. The terms “pasteurization”, “pasteurized”, and similar terms
shall be understood to include Flash or high-temperature pasteurization
by means of adequate Flash pasteurizing equipment with temperature
of not less than one hundred and sixty degrees (160°) Fahrenheit, and
holding at such temperature for not less than fifteen seconds. During
any period when the General Assembly of Virginia is not in session other
equally efficient methods of pasteurization shall be developed, the Com-
missioner of Agriculture and Immigration shall be authorized, by and
with the consent of the Board of Agriculture and Immigration, to approve
any such other efficient method of pasteurization.

(k) Adulterated milk, cream or skimmed milk shall be deemed
to be adulterated milk, cream or skimmed milk, when found to come
under any of the following classifications and no person shall sell, offer
for sale, distribute or dispense for human consumption as milk, cream
or skimmed milk, or have in his possession with intent to sell or deliver
for human consumption:

(1) Milk, cream or skimmed milk to which water or any coloring
matter, preservative, or other foreign substance has been added, or

(2) Milk containing less than three and one-quarter per centum
milk fat, or less than eleven and three-fourths per centum total solids;
or cream containing less than eighteen per centum milk fat; or skimmed
milk which contains less than eight and five-tenths per centum solids
not fat, or

(3) Milk, cream or skimmed milk containing, or which has been
exposed to, any infectious or contagious bacteria.

Section 2. It shall be unlawful for any person, firm, association
or corporation to sell, offer for sale or have in his possession with intent
to sell any milk products defined under this act under a graded label,
unless the milk from which these products are derived meets the
requirements for that grade as set forth in this act.

Section 3. It shall be unlawful for any person, firm, association or
corporation to bring into or receive in the State of Virginia for sale,
or to sell or offer for sale, or distribute therein, or to have in his posses-
sion with intent to sell any milk or milk products, excepting evaporated
milk, condensed milk, condensed skimmed milk, powdered whole milk
and powdered skimmed milk, buttermilk, ice cream, butter, cheese or
cream sold for manufacturing purposes who does not possess an unre-
voked permit from the Commissioner of Agriculture and Immigration is-
sued by the division of Dairy and Food, approved by the State Board of
Agriculture. Permits shall be posted in a conspicuous place upon an
inside wall of one of the dairy farm or milk plant buildings, and said
rmit shall not be removed by any person except an inspector of the
ivision of Dairy and Food of the Department of Agriculture and
Immigration. Such permit may be suspended or revoked by the Commis-
sioner of Agriculture and Immigration through the Division of Dairy
and Food upon the violation by the holder of any of the terms of this act.

Section 4. No milk or cream for bottling purposes shall be imported
into this State by any person, firm, or corporation who does not possess
an unrevoked permit from the Commissioner of Agriculture and Immi-
gration, issued by the Director of the Division of Dairy and Food. The
permit shall be issued only after the payment of a fee of twenty-five
dollars and shall be conditioned upon compliance by the applicant or
holder with all of the provisions of this act. The permit may be revoked
for violation of any of the provisions of this act; provided that no
permit shall be revoked until the holder thereof shall have been accorded
a hearing on the merits of such revocation, of which hearing he shall
receive a notice in writing at least ten days in advance of the same. The
permit must be renewed on the first day of January of every year, upon
the payment of the permit fee of twenty-five dollars for each such
renewal. ;

Section 5. The shipper shall plainly mark each container of bulk
milk or cream entering the State of Virginia with the following infor-
mation: (a) The name and address of the consignor and consignee, (b)
the description of the contents, (c) the date of shipment and the date of
pasteurization, if pasteurized. In case of a tank truck entering the State
of Virginia, it shall be accompanied by a complete identification of milk
or cream, including consignor and consignee. The shipper shall notify
the Division of Dairy and Foods of every shipment of milk or cream
entering Virginia. This section does not apply to dairy farms holding
individual permits.

Section 6. All bottles, cans and other containers enclosing milk
or milk products defined in this act shall be plainly labeled with (1) the
name and address of the producer or distributor, (2) the name of the
contents as given in the definitions of this act, (3) the grade of the
contents if said contents are graded under the provisions of this act,
(4) the word “pasteurized” if the contents have been pasteurized, (5)
the word “raw” if the contents are raw. This section does not apply to
dairy farms holding individual permits consigning their milk to milk
plants for resale.

Section 7. The following grades of milk and cream are hereby
specified, and all milk and cream as herein defined and sold or offered
for sale for fluid consumption in the State of Virginia from a dairy farm
shall conform to one of these grades and be so labeled:

(1) Grade “A” raw milk and cream

(2) Grade “A” pasteurized milk and cream

(3) Grade “B” raw milk and cream

(4) Grade “B’’ pasteurized milk and cream

(5) Grade “C” raw milk and cream
(6) Grade “C” pasteurized milk and cream

Section 8. All distributors or dairy plants that receive milk other
than that produced on their own farm shall be permitted to sell only
Grade A pasteurized milk, except during a period of degrading and/or
in case of an emergency a pasteurized product of a lower grade may be
permitted by the Director of the Division of Dairy and Food.

Section 9. (a) Grade A raw milk means unpasteurized milk, the
average bacterial plate count of which does not exceed fifty thousand
per cubic centimeter at the time of delivery to the consumer ; provided,
that if it is to be pasteurized the average bacterial plate count shall not
exceed one hundred thousand per cubic centimeter.

(b) Grade A pasteurized milk is Grade A raw milk which has
been pasteurized and cooled and shall have an average bacteria count
of not over thirty thousand per cubic centimeter when delivered to the
consumer.

Dairies producing Grade A milk and/or cream shall comply with
at least eighty points on the score card of the Division of Dairy and
Food of the Department of Agriculture and Immigration, and of the
eighty points at least forty points shall be for methods and shall con-
form with all the items of sanitation as set forth in this act.

(c) Grade B raw milk is milk that fails to meet the requirements of
Grade A milk but shall have an average bacteria count of not over two
hundred thousand per cubic centimeter when delivered to the consumer
or milk plant.

(d) Grade B pasteurized milk is pasteurized milk that fails to
meet the requirements of Grade A milk but shall have an average bacteria
count of not over fifty thousand per cubic centermeter when delivered
to the consumer.

Grade B raw milk and Grade B pasteurized milk shall only be sold
during a degrading period in which a Grade A supply has been degraded
or during a period of an emergency declared by the Director of the
Division of Dairy and Food. The duration of the degrading period or
emergency shall be determined by the Director of the Division of Dairy
and Food.

Dairies producing Grade B milk and/or cream shall comply with at
least seventy points on the score card of the Division of Dairy and Food
and of the seventy points at least thirty-five points shall be for methods
and shall conform with all the items of sanitation as set forth in this act.

(e) Grade C raw milk is milk that fails to meet the requirements
of Grade A raw milk or Grade B raw milk. Dairies producing Grade C
milk shall score at least fifty points on the score card of the Division of
Dairy and Foods; and of the fifty points, at least thirty points shall be for
methods. The average bacterial plate count for Grade C milk shall not
exceed five hundred thousand per cubic centimeter when delivered to
the pasteurizing plant, or to the consumer.

Grade C raw or pasteurized milk may be sold for manufacturing
purposes. Under special permits approved by the Director of Division
of Dairy and Foods, Grade C milk, raw or pasteurized, may be sold
for other purposes, but only under such conditions as will adequately
safeguard and protect the public health.

Section 10. The average bacteria count shall be taken to mean the
logarithmic average of the respective results of the last four consecutive
samples taken upon separate days.

Section 11. All milk not defined i in this act that is sold in Virginia
shall be known as “ungraded milk” and may be used for manufacturing
purposes only. When used to manufacture products for human food it
shall be pasteurized.

Section 12. A tuberculin test of all cows shall be made at least
once a year by a qualified veterinarian. Herds showing reactors on any
test shall be retested within ninety days, but not before the lapse of
sixty days. A certificate signed by the veterinarian and filed with the
Division of Dairy and Food shall be the only valid evidence of the
above test. Every diseased animal shall be removed from the herd at
once. Cows giving abnormal milk shall be excluded from the herd
until re-examination shows that the milk has become normal.

All milk and milk products intended for consumption raw shall be
from herds or additions thereto which have been found free from Bang’s
disease, as shown by blood serum tests for agglutinins against Brucella
abortus. All such herds shall be retested at least once every twelve
months and all reactors removed from the herd. A certificate identifying
each animal by number, and signed by the laboratory making the tests,
shall be evidence of the above test.

For other diseases such test and examinations as the Director may
require shall be made at intervals and by methods prescribed by him,
and any diseased animals or reactors shall be disposed of as he may
require.

Section 13. All barns for dairy purposes constructed after the
passage of this act shall be separate and apart from those used for
other livestock.

No loafing barn, constructed after the passage of this act, where cows
or other livestock are housed and fed should be located less than fifty feet
from the milking barn or milk house and cows shall not run loose except
on entrance lane in area adjacent to a milking barn and milk house.

Barns shall have five hundred cubic feet of air space per stall and
shall contain four square feet of glass per stall.

The floors, mangers and gutters of dairy barns shall be constructed
of concrete or other impervious material and shall be graded to drain
properly and shall be kept clean and in good repa

The walls of barns shall be kept clean and 1 shall be painted or white-
washed as often as may be deemed necessary by the inspector.

If storage is provided over cows, a tight floor shall be laid between
the space occupied by the cows and the forage. Ceilings shall be painted
or whitewashed as often as may be deemed necessary by the inspector.

All barns in which cows are milked and housed permanently shall be
equipped with swinging stanchions or other tie stall approved by the
inspector.

PSection 14. No manure shall be stored nearer than fifty feet to
the dairy barn or milk house. Manure shall be disposed of in such manner
as best to prevent the breeding of flies. The barnyard shall be graded
and well drained and the barn shall be kept free from contaminating
surroundings. Hog pens shall not be maintained within one hundred
feet of the barn or milk house.

Section 15. Every dairy shall be provided with a sanitary toilet
or privy, constructed and operated in accordance with the rules and
regulations of the State Board of Health, and said toilet shall be con-
veniently located to the dairy.

Section 16. The milk house shall be a separate building and not
directly connected with the barn or dwelling and shall be of sufficient
size for the handling and storage of milk, and the proper washing,
sterilizing and storage of utensils, and shall be used for no other purpose
than the handling of milk, cream and milk products. The floors shall be
constructed of concrete or other impervious material and shall be graded
to drain properly. The building shall be well lighted, ventilated and
effectively screened. If constructed of wood it shall be ceiled. The walls
and ceilings shall be smooth and painted as often as deemed necessary
by the inspector. The floors, walls, ceilings and windows shall be kept
clean at all times. The milk house may be connected with the barn by
a covered passageway enclosed on one side, if proper ventilation is
provided.

Section 17. The water supply of a dairy shall be piped to the milk
house and shall be easily accessible, adequate and of a safe sanitary

uality.
q Section 18. All containers or utensils used in the handling and
storage of milk and cream shall be of such construction as to be easily
cleaned, and shall be in good repair. All milk pails shall be of a narrow
mouth design. All containers and other utensils used in the handling
of milk shall be thoroughly cleaned between each usage.

All multi-use containers, equipment, and other utensils used in the
handling, storage, or transportation of milk or milk products shall be-
tween each usage be subjected to an approved bactericidal process, with
steam, hot water, hot air or an effective chemical bactericidal agent. All
containers and other utensils used in the handling, storage or transporta-
tion of milk or milk products shall be stored so as not to become con-
taminated before use. A sufficient amount of hot water for washing uten-
sils shall be provided in the milk house.

Section 19. The udders and teats of all milking cows shall be
washed with clean cloths before each milking. Milker’s hands shall
be rinsed with a disinfectant and dried with a clean cloth before milking.
Milker shall wear clean garments while milking and handling milk.

Milk stools shall be of metal and kept clean.

Section 20. The hind legs, flanks and udders of cows should be
clipped so that hair is kept short on these parts at all times. Cows shall
be clean at milking tim

Section 21. Bach p pail or can of milk shall be removed immediately
to the milk house. No milk shall be filtered in the dairy barn. Filtering
shall be done only through a one-service filter.

Milk delivered to a milk plant or receiving station for pasteurization
or for separation shall be cooled, immediately after completion of milking,
to sixty degrees Fahrenheit, or less, and maintained at that average
temperature until delivery. Milk bottled raw shall be cooled immediately
after completion of milking to fifty degrees Fahrenheit, or less, and
maintained at that average temperature until delivery.

After milk is cooled, no milk producer or distributor shall transfer
milk or milk products from one container to another in any place except
a bottling or milk room especially used for that purpose.

Section 21A. All commercial vehicles used for the transportation of
milk or milk products, shall be so constructed and operated as to protect
their contents from the sun and from contamination. All vehicles shall be
kept clean, and no substance capable of contaminating milk or milk pro-
ducts shall be transported with milk or milk products in such manner
as to permit contamination.

Section 22. Milk bottle caps shall be purchased in sanitary tubes
only and shall be kept therein until used. Capping shall be done mechani-
cally. Hand capping is prohibited.

Section 23. When suspicion arises as to the possibility of trans-
mission of infection from any person concerned with the handling of
milk, the Division of Dairy and Food of the Department of Agriculture
and ‘Immigration is authorized to require any or all of the following
measures: (1) The immediate exclusion of that person from milk
handling ; (2) the immediate exclusion of the milk supply concerned from
distribution and use; (3) adequate medical and bacteriological examina-
tion of the person, or his associates, and of his and their bodily discharges.
Notice shall be sent to the Division of Dairy and Food of the Department
of Agriculture and Immigration within twenty-four hours by the milk
producer or distributor when a case of any infectious, contagious or
communicable disease occurs or is suspected on any dairy farm or in
connection with any milk plant.

Section 24. It shall not be deemed a violation of law to standardize
the milk fat content of milk or cream by the addition of whole milk,
skimmed milk, or cream of the same quality, grade and freshness;
provided, however, that the resulting standardized milk or cream
shall comply with the standards for milk or cream fixed by law.
It is also provided that this definition shall not exclude milk fortified
with Vitamin D, by any method approved by the American Medical
Association.

Section 25. All plants distributing milk and/or cream shall comply
with at least eighty points on the score card of the Department of Agri-
culture and Immigration, and of the eighty points forty-five points must
be for methods.
No fluid milk as herein defined shall be pasteurized more than once
unless specifically required by the Director of the Division of Dairy and
Food. All pasteurized milk shall be placed in its final delivery container
in the plant in which it is pasteurized.

Section 26. All plants holding State permits for the sale of milk
or cream shall keep accurate quantitative records of receipts and disburse-
ments of milk and cream. Such records shall be available at all times
for inspection by the said inspectors of the Department of Agriculture
and Immigration.

Section 27. The provisions of this act shall not prohibit incor-
porated cities and towns that maintain their own inspection service from
adopting city or town ordinances, the requirements of which are not
below the minimum requirements in this act.

Section 28. The State Board of Agriculture and Immigration is
hereby authorized to make rules and regulations for the proper enforce-
ment of the provisions of this act.

Section 29. Any violation of the provisions of this act or failure
to comply with such provisions shall be a misdemeanor and punishable
as such.

Section 30. Should any section, paragraph, sentence, clause or
phrase of this act be declared unconstitutional or invalid for any reason,
the remainder of the act shall not be affected thereby.

2. Chapter one hundred fifty-five of the Acts of Assembly of nine-
teen hundred thirty-four, approved March twenty-four, nineteen hundred
thirty-four, and all amendments thereto are repealed.