CHAPTER 57

An Act to amend the Code of Virginia by adding in Chapter 17 of Title 3
an Article numbered 3.1, containing §§ 3-400.40 through 3-400.107,
so as to establish State-wide uniform standards for the production,
processing and distribution of milk and milk products, to fix the
respective responsibilities of the State Departments of Health, and
Agriculture and Immigration for inspection and enforcement, and to
provide for the joint adoption of rules and regulations by the State
Boards of Health, and Agriculture and Immigration, and the effect
thereof; and to repeal §§ 8-884 through 3-400.39, 38-416 through 3-424,
and 3-424.1 through 8-424.8 which were enacted as §§ 8-476.1 through
$-476.8, of the Code of Virginia, relating to standards for production,
processing and distribution of milk and milk products, and respons-
ibility for inspection and enforcement. H 593

Approved February 15, 1962

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Chapter 17 of
Title 3 an Article numbered 3.1, containing §§ 3-400.40 through 3-400.107,

as follows:
Article 3.1

§ 3-400.40. Definitions.—The following definitions shall apply in the
interpretation and the enforcement of this Article:

(1) “Milk” is 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.

(2) “Goat Milk” is the lacteal secretion, practically free from colos-
trum, obtained by the complete milking of one or more healthy goats. The
word ‘“‘milk” shall be interpreted to include Goat Milk.

(3) “Market Milk” is milk which contains not less than three and
twenty-five one-hundredths per cent milk fat and not less than eight and
twenty-five one-hundredths per cent solids-not-fat when sold, offered for
sale, distributed or dispensed to the consumer for human consumption.
Pe milk may be standardized as provided for in § 3-400.98 of this

rticle.

(4) “Milk Fat or Butterfat” is the fat of milk.

(5) “Cream” is a portion of milk which contains not less than
eighteen per cent milk fat.

(6) “Sour Cream” is cream the acidity of which is more than
twenty one-hundredths per cent, expressed as lactic acid.

(7) “Light Cream”, “Coffee Cream”, or “Table Cream” is a cream
which contains less than thirty per cent milk fat.
(8) “Whipping Cream” is cream which contains not less than thirty
per cent milk fat.

(9) “Light Whipping Cream” is whipping cream which contains
less than thirty-six per cent milk fat.

(10) “Heavy Cream” or ‘Heavy Whipping Cream” is whipping crear
which contains not less than thirty-six per cent milk fat.

(11) “HHomogenized Cream” is cream which has been subjected tc
a process or treatment in such a manner as to insure breakup of the fa
globules to such an extent that no visible cream separation occurs afte1
forty-eight hours of quiescent storage and which otherwise conforms with
all other requirements for cream.

(12) “Half and Half” is a product consisting of a mixture of milk and
cream which contains not less than eleven per cent milk fat.

(13) ‘“Reconstituted, or Recombined, Half and Half” is a product
resulting from the combination of reconstituted milk or reconstituted skim
milk with cream or reconstituted cream, which contains not less than
eleven per cent milk fat.

(14) “Whipped Cream” is cream to which a harmless gas has been
added to cause whipping of the product. It may also contain sugar, other
harmless flavoring and a harmless stabilizer.

(15) “Concentrated Milk” is a fluid product, unsterilized and un-
sweetened, resulting from the removal of a considerable portion of the
water from the milk. When recombined with water, in accordance with
che instructions printed on the container, the resulting product conforms
vith the standards for milk fat and solids-not-fat of market milk as defined
1erein.

(16) “Concentrated Milk Products” includes homogenized concen-
rated milk, Vitamin D concentrated milk, concentrated skim milk, con-
entrated chocolate milk, concentrated chocolate drink, and similar con-
entrated products made from concentrated milk or concentrated skim
nilk, as the case may be; and which, when recombined with water in
iccordance with instructions printed on the container, conforms with the
lefinitions of the corresponding milk products in this section.

(17) “Dry Milk” is milk which contains not more than five per cent
noisture and not less than twenty-six per cent fat.

(18) “Skim Milk” is milk from which a sufficient portion of milk fat
as been removed to reduce its milk fat content to not more than fifty
ne-hundredths per cent and contains not less than eight and twenty-five
ne-hundredths per cent milk solids-not-fat. ‘‘Non-fat’’, or “Fat-free” is
kim milk which contains not more than ten one-hundredths per cent milk
at, and not less than eight and twenty-five one-hundredths per cent milk
olids-not-fat.

(19) “Skim Milk Solids” includes concentrated skim milk and nonfat
ry milk solids.

(20) “Nonfat Dry Milk” means nonfat milk which contains not more
1an five per cent moisture and not more than one and fifty one-hundredths
er cent fat.

(21) “Vitamin A & D Skim Milk” is Grade A pasteurized skim milk,
ontaining less than fifty one-hundredths per cent milk fat, the Vitamin D
ontent of which has been increased by the addition of at least four hundred
J.S. P. units per quart by an approved method, the Vitamin A content of
rhich has been increased by the addition of at least two thousand U. S. P.
nits per quart by an approved method.

(22) “Vitamin A & D Skim Milk with Added Solids” is Grade A
sasteurized skim milk, containing less than fifty one-hundredths per cent
milk fat, and has a solid-not-fat content of not less than ten per cent and
not more than eleven per cent, the Vitamin D content of which has been
increased by the addition of at least four hundred U. S. P. units per
quart by an approved method, the Vitamin A content of which has been
increased by the addition of at least two thousand U. S. P. units per
quart by an approved method. Not more than two per cent milk solids-
not-fat may be added provided the fact is declared on the label of the
container.

(23) “Vitamin D Skim Milk” is Grade A pasteurized skim milk, con-
taining less than fifty one-hundredths per cent milk fat, the Vitamin D con-
tent of which has been increased by the addition of at least four hundred
U.S. P. units per quart by an approved method.

(24) “Reconstituted or Recombined Milk’ is a product which results
from the recombining of milk constitutents with water, and which complies
with the standards for milkfat and solids-not-fat of market milk as defined
herein.

(25) “Reconstituted or Recombined Cream” is a product which re-
sults from the combination of dry cream, butter or milk-fat with cream,
milk, skim milk, or water, and which complies with the milk-fat standards
of cream as defined herein.

(26) ‘Reconstituted or Recombined Skim Milk” is a product which
results from the recombining of skim-milk constituents with water, and
which contains not less than eight and twenty-five one-hundredths per cent
milk solids-not-fat.

(27) “Chocolate Milk” is milk to which has been added a chocolate
syrup or flavoring consisting of wholesome ingredients. Chocolate milk
shall contain not less than three and twenty-five one-hundredths per cent
milk fat and eight and twenty-five one-hundredths per cent milk solids-
not-fat.

(28) “Chocolate Drink” is a product consisting of skim milk to
which has been added chocolate syrup or flavoring consisting of whole-
some ingredients. The finished product may contain not more than fifty
one-hundredths per cent milk fat and shall contain not less than eight and
twenty-five one-hundredths per cent milk solids-not-fat.

(29) “Chocolate Reconstituted Drink” is a chocolate flavored drink
made from reconstituted skim milk.

(30) “Churned Buttermilk” is a fluid product resulting from the
churning of pasteurized milk or cream. It contains not less than eight
and twenty-five one-hundredths per cent milk solids-not-fat.

(31) “Buttermilk” is a fluid product resulting from the souring or
treatment, by a lactic acid or other culture, of pasteurized skim milk or
pasteurized reconstituted non-fat-milk. It contains not less than eight and
twenty-five one-hundredths per cent milk solids-not-fat.

(32) “Cultured Milk” is a fluid or semifluid product resulting from
the souring or treatment, by lactic acid or other culture, of pasteurized milk.
It contains not less than eight and twenty-five one-hundreths per cent
milk solids-not-fat and not less than three and twenty-five one-hundredths
per cent milk fat.

(33) “Cottage Cheese” is the soft uncured cheese prepared from the
curd obtained by adding harmless, lactic-acid-producing bacteria with or
without enzymatic action to pasteurized skim milk or pasteurized re-
constituted non-fat milk. It contains not more than eighty per cent
moisture.

(34) “Creamed Cottage Cheese” is the soft uncured cheese which is
prepared by mixing cottage cheese with pasteurized cream, or with a
pasteurized mixture of cream and milk or skim milk, and which contains
not less than four per cent milk fat by weight and not more than eighty
per cent moisture.
(35) “Homogenized Milk” is milk which has been treated in such a
manner as to insure breakup of the fat globules to such an extent that
after forty-eight hours of quiescent storage no visible cream separation
occurs on the milk, and the fat percentage of the top one hundred milliliters
of milk in a quart container or of proportionate volumes in containers of
other sizes, does not differ by more than ten per cent of itself from the fat
percentage of the remaining milk as determined after thorough mixing.
The term “market milk” shall be interpreted to include homogenized milk.

(36) “Vitamin D Milk” is a grade A pasteurized milk, the Vitamin D
content of which has been increased by at least four hundred U.S. P. units
per quart by an approved method.

(37) “Market Milk Products” means and includes cream, sour cream,
half and half, light cream, whipping cream, light whipping cream, heavy
cream, whipped cream, homogenized cream, concentrated milk, concen-
trated milk products, skim milk, Vitamin A & D skim milk, Vitamin A & D
skim milk with added solids, Vitamin D Skim milk, chocolate milk, chocolate
drink, buttermilk, churned buttermilk, cultured milk, Vitamin D milk,
or any other product made from or by the addition of any substance to
milk, or to any of these milk products and used for similar purposes and
defined and designated as a market milk product by the Board of Agri-
culture and Immigration.

(38) “Pasteurization, Pasteurized” and similar terms refers to the
process of heating every particle of milk or milk product to at least one
hundred forty-five degrees Fahrenheit and holding it at such temperature
continuously for at least thirty minutes, or to at least one hundred sixty-one
degrees Fahrenheit and holding it at such temperature continuously for at
least fifteen seconds in approved and properly operated equipment; pro-
vided, that nothing contained in this definition shall be construed as barring
any other process which has been demonstrated to be equally efficient and
which is approved by the Commissioner.

(39) ‘“‘Adulterated and Misbranded Milk, Market Milk and Market
Milk Products” means any milk, market milk or market milk products to
which water, preservative, coloring matter or other foreign substance has
peen added, or any milk, market milk or market milk product which con-
‘ains any unwholesome substance, or which if defined in this Article,
joes not conform with its definition, shall be deemed to be adulterated.
Any milk, market milk or market milk product which carries a grade
abel, unless such grade label has been awarded by the Commissioner and
10t revoked, or which fails to conform in any other respect with the state-
nents on the label and does conform to all the requirements of § 3-400.45
f this Article shall be deemed to be misbranded.

(40) “Producer” includes any person who owns or controls one or
nore cows, a part or all of the milk, market milk or market milk prod-
icts from which is sold or offered for sale.

(41) “Distributor” includes any person who offers for sale or sells to
mother any milk, market milk or market milk products for human con-
umption as such, provided that groceries, restaurants, soda fountains and
imilar establishments that sell market milk products at retail but do no
yrocessing are exempt from the permit requirements of this Article.

(42) “Producer-Distributor’” means a milk producer who is also a
listributor.

(43) “Sub-distributor” means any person who buys market milk or
narket milk products from a milk plant or a milk distributor and offers
for sale or sells any market milk or market milk product for human
consumption as such.

(44) “Dairy or Dairy Farm” means any place or premises where one
or more cows are kept, from which a part or all of the muik 1s sold or
offered for sale.

(45) “Producer Dairy’ means a dairy farm which sends milk or
cream to a milk plant for processing.

(46) “Milk Hauler” means any person, who transports milk, cream
or skim milk products to or from a milk plant or a collecting point.

(47) “Milking Barn” means a barn equipped with stanchions where
milk cows are milked and can be housed permanently or overnight.

(48) “Milking Parlor’ means a parlor equipped with parlor stalls,
where milk cows are milked, and in which they remain only during the
time they are cleaned, fed, and milked.

(49) “Milk Plant” means any place, premises or establishment where
milk, market milk or market milk products are collected, handled, pro-
cessed, stored, pasteurized, packaged or prepared for distribution, or
consumption, except an establishment where market milk or market milk
products are sold at retail only.

(50) “Commissioner” means the Commissioner of Agriculture and
Immigration or the State Health Commissioner, as the case may be, or
as required hereinafter by § 3-400.103.

(51) “Board” means the Board of Agriculture and Immigration and
the State Board of Health acting jointly under § 3-400.106 in the adoption
of rules and regulations.

(52) “Average Bacterial Plate Count and Average Direct Micro-
scopic Count” means the logarithmic average of the respective test results
of the last four consecutive samples, taken upon separate days, irrespec-
tive of the six-month period referred to in § 3-400.47.

(53) “Person” means any individual, partnership, corporation, com-
pany, firm, trustee and/or association. A word importing the singular
number only may extend and be applied to several persons or things,
as well as to one person or thing; and a word importing the plural] number
only may extend and be applied to one person or thing, as well as to several
persons or things.

(54) “Sell”, “Sale” or “Sold” means and includes sell, deliver or
receive for sale or distribution, offer or expose for sale or distribution, or
to have in possession with intent to sell, deliver for sale or distribution, or
offer or expose for sale or distribution or transport for sale or distribution
in the State of Virginia.

(55) “Official Ratings” mean ratings made as specified in “Methods
of Making Sanitation Ratings of Milk Sheds”, 1958 edition, by rating
officials who have been certified as competent by the U. S. Public Health
Service.

(56) “Point of delivery’? means the receipt by a milk plant of milk
delivered by or on behalf of a producer into the holding tank of the milk
plant.

(57) “And/or’—When this term is used, “and” shall apply where
possible, otherwise “or” shall apply.

§ 3-400.41. No person shall sell, or offer for sale, or have in possession
with intent to sell or deliver, any milk, market milk or market milk pro-
ducts which are adulterated, misbranded or ungraded, provided, however,
that in an emergency, the sale of ungraded pasteurized market milk or
pasteurized market milk products may be authorized by the Commissioner,
in which case, they shall be labeled ‘ungraded’. It shall be unlawful for
any person elsewhere than in a private home to have in his possession
any adulterated, misbranded or ungraded milk and milk products. Any
adulterated, misbranded and/or improperly labeled milk, market milk or
market milk products may be impounded by the Commissioner and disposed
of as provided by law.
§ 3-400.42. It shall be unlawful for any person to bring into o1
receive in this State for sale, or to sell or offer for sale, or distribut
therein, or to have in his possession with intent to sell, any milk, market
milk or market milk products defined in this Article, who does not possess
an unrevoked permit from the Commissioner. Every milk producer, milk
hauler, milk distributor, and operator of a milk plant shall secure a permit.
In no case shall the State Health Commissioner issue a permit to any
person, firm or corporation to distribute grade A pasteurized market milk
or grade A market milk products until the Commissioner of Agriculture
and Immigration has certified to the State Health Commissioner tnat the
raw milk used by the processor is acceptable under the terms of this
Article. This applies to all milk plants regardless of location.

Only a person who complies with the requirements of this Article
shall be entitled to receive and retain such a permit. Permits shall not
be transferable with respect to persons and/or locations.

Permits shall be posted in a conspicious place upon an inside wall
of one of the dairy or milk plant buildings, and such permits shall not be
removed by any person except those authorized by the Commissioner.

Such a permit may be temporarily suspended, or, may be revoked by
che Commissioner upon violation by the holder of any of the terms of
this Article. Provided, however, that no permit shall be revoked until an
ypportunity for a hearing by the Commissioner has been provided.

§ 3-400.43. No milk, market milk or market milk product shall be
mported into this State by any person who does not possess an unrevoked
yermit from the Commissioner. The permit shall be issued for such period
f time as the Commissioner approves, but not for a period in excess of one
ear. The permit shall be renewed on the first day of January of each
ear. Permits for bulk raw milk for pasteurization shall be issued on an
ndividual shipment basis only.

The issuance of a permit by the Commissioner shall be conditioned
pon assurance that such milk, market milk, or market milk products
ave been produced and/or processed under provisions which are sub-
tantially equivalent to the requirments of this Article and which are
nforced with equal effectiveness. No milk, market milk, or market milk
roduct shall be imported into Virginia unless from a source with an
fficial rating of ninety per cent or better including the enforcement
ating.

Such a permit may be temporarily suspended or revoked by the
ommissioner upon violation of the holder of any of the terms of this
rticle. Provided, however, that no permit shall be revoked until after
1 opportunity for a hearing by the Commissioner, and provided further,
at during an emergency the Commissioner may permit the importation of
ilk into the State on a temporary basis without a permit upon such
nditions as he may establish.

§ 3-400.44. The shipper shall plainly mark upon each container of
Jk milk or cream entering this State the following information: (a)
e name and address of the consignor and the consignee, (b) the des-
iption of the contents, (c) the date of shipment and, if pasteurized, the
te of pasteurization.

In case of a tank truck entering the State, in addition to the above
ormation, it shall be accompanied by an invoice that will identify the
d of milK or cream and show the name and address of the consignor and
consignee. The shipper shall notify the Commissioner of every ship-
nt of milk or cream entering Virginia. Such notice shall include

_ date, amount, consignor and consignee. This section does not apply
jairy ‘farms holding individual permits.
§ 3-400.45. All bottles, cans, packages, and other containers enclosing
milk, market milk or any market milk product, defined in this Article,
shall be plainly labeled or marked with (1) the name of the contents as
defined in this Article, except the word ‘market’? need not appear, (2)
the word “reconstituted” or “recombined’”’ if included in the name of the
product as given in the definition, (3) the grade of the contents, (4) the
word “pasteurized” if the contents have been pasteurized, (5) the word
“raw” if the contents are raw, (6) the phrase “for pasteurization” if the
contents are to be pasteurized, (7) the name of the producer if the con-
tents are raw, (8) the identity of the plant at which the contents were
pasteurized, if pasteurized, (9) in case of Vitamin D milk or market milk
products the designation “Vitamin D’’, and the minimum number of U.S. P.
units of Vitamin D per quart; and in the case of Vitamin A and D skim
milk with added solids, the designation “Vitamin A and D”, the minimum
number of U. S. P. units of Vitamin A and D per quart, and the per cent
of the milk solids added, (10) in the case of concentrated milk or milk
products, the volume or proportion of water to be added for recombining,
provided, however, that only the identity of the producer dairy shall be
required on cans delivered to a milk plant which receives only raw milk
for pasteurization and which dumps, washes and returns the cans to the
producer dairy.

The label or mark shall be in letters of an approved size, kind and
color and shall contain no marks or words which are misleading.

Homogenized milk or homogenized cream shall not be mixed with
milk, skim milk, or cream which has not been homogenized unless the
product is labeled “homogenized milk’? and conforms with the standards
for homogenized milk or homogenized cream.

§ 3-400.46. Prior to the issuance of a permit, the Commissioners shall
inspect all dairy farms and all milk plants under their respective juris-
dictions. Thereafter they shall inspect all dairy farms at least once
every three months and all milk plants monthly coming under their
respective jurisdictions. If a violation of any of the requirements of this
Article is discovered, a second inspection shall be made after a lapse of
time deemed necessary for the defect to be remedied. Any violation of the
same requirements of the law on such reinspection shall be justification for
immediate suspension of a permit and/or such other action as the respec-
tive Commissioner deems proper.

One copy of the inspection report shall be posted in a conspicuous
place upon the inside wall of the house or milk plant, and said in-
Spection report shall not be defaced or removed by any person except the
Commissioner. Another copy of the inspection report shall be filed with
the records of the Commissioner. Every milk distributor shall make
available to the Commissioner upon his request, for official use only, a true
statement of the actual quantities of milk, market milk, and market milk
products of each grade purchased and sold, together with a list of all sources
of such milk, market milk and market milk products, records of inspec-
tions and tests, and pasteurization time and temperature records.

§ 3-400.47. During each six-month period at least four samples of
milk from each dairy farm, and at least four samples of market milk
and market milk products from each milk plant, shall be taken on separate
days and examined by the Commissioner. Samples may be taken at any
time prior to the final delivery of milk, market milk or market milk pro-
ducts. Bacterial plate counts, direct microscopic counts, coliform deter-
minations, phosphatase tests and/or such other tests as the Commissioner
may require and approve, shall conform to the procedures in the latest
edition of “Standard Methods for the Examination of Dairy Products”
recommended by the American Public Health Association, or such other
national standard or standards as the Commissioner may approve. Ex-
aminations may include such other chemical and physical determinations as
the Commissioner may deem necessary for the detection of adulteration.
Whenever the average bacterial count of the last four consecutive samples,
taken on separate days, is beyond the limit for the grade then held, the
Commissioner shall send written notice thereof to the person concerned
and shall take an additional sample, but not before the lapse of three days,
for determining a new average in accordance with paragraph (52) of
§ 3-400.40. Violation of the grade requirements by the new average shall
be a basis for immediate suspension of the permit, or such action as the
Commissioner deems advisable, unless the last individual result is within
the grade limit. Whenever more than one of the last four consecutive coli-
form counts on samples, taken on separate days, are beyond the limit
for the grade then held, the Commissioner shall send written notice thereof
to the persons concerned. He shall then take an additional sample, but not
before the lapse of three days. Immediate suspension of the permit or other
action may be taken when the grade limit is violated by such additional
sample, or by more than one of the last four consecutive samples, unless
the last individual result is within the grade limit. In case of violation of
the phosphatase test requirements, the probable cause shall be determined
and corrected before market milk or market milk products from the
plant concerned again can be sold as pasteurized market milk or market
milk products.

§ 8-400.48. Whenever market milk and market milk products are
offered for sale as vitamin market milk and market milk products repre-
sentative samples of such market milk and market milk products shall
be assayed periodically as approved by the State Health Commissioner.
The cost of such assays shall be paid by the seller or distributor of such
market milk or market milk products. When unsatisfactory results are
found, additional samples shall be assayed, the seller or distributor paying
the cost of such additional assays as, in the opinion of the Commissioner,
may be necessary to insure the Vitamin potency of such market milk and
market milk products.

For evaporated or condensed milk sold in hermetically sealed con-
tainers, the assay report of any assaying institution approved by the federal
authorities for interstate shipment shall be recognized by the Commis-
jioner.

All moneys collected under provisions of this section shall be paid
nto the State treasury in a special fund to be known as the “Vitamin
Assay Account” and such amount as may be necessary hereby is appropri-
ted out of such Vitamin Assay Account for the payment of the cost
f assays as provided in this Article.

§ 3-400.49. Grades shall be based on the standards set forth in the
ext four sections and § 3-400.72. The grading of market milk products
hall be identical with the grading of market milk, except that the
acterial plate count standards shall be doubled in the case of cream and
alf and half, and shall be omitted in the case of sour cream, buttermilk,
1urned buttermilk, cultured milk, cottage cheese and cream cottage cheese.
he grade of market milk and market milk products shall be that of the
west grade of milk, market milk or market milk products used in its
eparatiom.

§ 3-400.50. Grade A raw milk for pasteurization is raw milk from
coducer dairies conforming with the requirements of this Article. The
icterial plate count or the direct microscopic clump count of the milk,
as received from the farm, shall not exceed one hundred thousand, per
milliliter, as determined in accordance with § 3-400.47. .

§ 3-400.51. Grade A raw market milk is raw milk produced on dairy
farms conforming with the requirements of this Article. The bacterial
plate count or the direct microscopic clump count of the milk shall not
exceed uty thousand per milliliter, as determined in accordance with
§ 3-400.47.

§ 3-400.52. Grade C raw market milk is milk that fails to meet
the requirements for Grade A raw market milk. The bacterial plate count
or the direct microscopic clump count of this milk shall not exceed two
hundred thousand per milliliter, as determined in accordance with
§ 3-400.47.

§ 3-400.58. All milk and cream not defined in this Article, or which
does not meet the requirements of grades established in this Article, shall
be known as “ungraded milk” and “ungraded cream” and may be sold
in Virginia only for manufacturing purposes, or as authorized under
§ 3-400.41. When used in manufactured products for human food, such
milk and cream shall be pasteurized.

§ 3-400.54. Before any dairy farm is issued a permit as provided
in this Article, all cattle on such farm shall pass a test for Tuberculosis
and Brucellosis satisfactory to the Commissioner. Thereafter an annual
test must be made, and the results thereof must be satisfactory to the
agency concerned therewith.

Dairy herds in which reactors are found shall be handled and reactors
promptly removed and retests of the herd made in a manner satisfactory
to the agency concerned therewith.

No additions to dairy herds shall be made from outside the herd
during the valid period of any permit until and unless such additions
have passed a satisfactory test for Tuberculosis and Brucellosis. Cows
giving abnormal milk shall be excluded from the herd until re-examination
shows that the milk has become normal.

For other diseases such tests and examinations as the Commissioner
may require shall be made. Any diseased animals or reactors shall be
disposed of as the Commissioner may require.

§ 3-400.55. A milking barn or milking parlor separate and apart
frqgm buildings used for other livestock shall be provided. There shall be
at least four square feet of glass per stall. There shall also be provided
adequate artificial light, properly distributed.

§ 3-400.56. The milking barn shal! be well ventilated and shall con-
tain at least five hundred cubic feet of air space per stall. Milking parlors
shall be well ventilated.

§ 3-400.57. The floors and gutters of the barn or parlor, in which
cows are milked, shall be constructed of concrete or other approved im-
pervious and easily cleaned material. Floors and gutters shall be graded
so as to drain properly and shall be kept clean and in good repair. No
swine, calves, bulls or fowl shall be permitted in the milking barn or
parlor.

§ 3-400.58. The interior walls and ceilings of the milking parlor
or barn shall be ceiled and shall be painted as often as necessary or
finished in an approved manner and shall be kept clean and in good re-
pair. If feed should be ground, mixed or stored in a feed room or feed
storage space which adjoins the milking space, it shall be separated
therefrom by a dust-tight partition and door. No loafing barn or tramp
shed, where livestock other than the milking herd are housed and fed,
shall be located less than fifty feet from the milking parlor or milk house.
Where a loafing barn or tramp shed is used for housing the milking herd,
a minimum of sixty square feet of bedded area shall be provided per
cow. Cows shall not run loose within a thirty foot area of the milking
barn or parlor and the milk house except on entrance and exit lanes.

§ 3-400.59. All barns or parlors in which cows are milked, or milked
and housed permanently, shall be equipped with stanchions or other
stall arrangemnts approved by the Commissioner. A concrete walkway
extending at least thirty feet from the milking barn or parlor, or the
entire distance to the tramp shed or loafing barn, shall be provided for the
entrance and exit of the milking herd.

§ 3-400.60. The cow yard shall be graded and drained as well as is
practicable and shall be so kept that there are no standing pools of water
nor accumulations of organic waste. In loafing and/or cattle housing areas,
manure droppings shall be removed, or clean bedding added, at sufficiently
frequent intervals to prevent the accumulation of manure on cows’ udders
and flanks. All swine shall be kept out, and hog pens and hog lots shall not
be maintained within one hundred feet of the milking barn, milking parlor
or milk house. Other livestock and poultry houses, lots and runs shall
not be maintained within fifty feet of the milking barn or milking
parlor or milk house.

§ 3-400.61. All manure shall be removed and stored or disposed of
in such a manner as best to prevent the breeding of flies therein or
the access of cows to piles thereof. No manure shall be stored within fifty
feet of the milking barn or milking parlor or milk house.

§ 3-400.62. There shall be provided a milk house or milk room of
sufficient size which shall be used for the cooling, handling and storing
of milk, market milk and market milk products and the washing and
bactericidal treatment of milk utensils. It shall be separated from the
milking barn or parlor by a solid wall. The entrance into the milk house
shall not be less than ten feet to the nearest entrance into the milking
barn or parlor. It may be connected to the barn by a covered passageway,
one side of which shall be open. The milk house or room shall be provided
with a smooth floor, constructed of concrete or other impervious material,
maintained in good repair, and have a slope of not less than one fourth
inch per foot to a trapped drain. An adequate drain shall be provided from
the milk house and installed in such a manner as to prevent surface
pooling. Masonry walls shall be reasonably smooth and painted with a
white cement or other approved paint. If the milk house is to have frame
walls, the foundation wall shall be of masonry and shall extend at least
three feet above the floor. The studding in the walls and the joists or
rafters that form the ceiling shall be covered with a smooth surface
material that can be easily washed or painted whenever deemed necessary
by the Commissioner. The milk house shall have all openings effectively
screened, including outward opening self-closing screened doors, unless
other effective means are provided to prevent the entrance of flies. It
shall be used for no purpose other than those specified above, except as
may be approved by the Commissioner; it shall not open directly into a
milking barn or milking parlor, nor into any room used for domestic
purposes; it shall be provided with adequate facilities for heating water
to clean utensils; and it shall be equipped with a two-compartment,
stationary, wash and rinse vat which is open and available at all times.
A third vat may be required when a single vat is used for automatic
washing of pipelines. The cleaning and other operations shall be located
and conducted so as to prevent any contamination of the milk or the
cleaned equipment. If coal or wood is used as fuel, the water heating
unit shall be in a separate room from the milk house, and there shall
not be a direct opening between the two. The heating unit for the water,
if located in the one room milk house, shall be electric, gas or oil. (Oil unit
must have the oil pumped from an outside supply tank and must be
vented to the outside air.) If a toilet, shower or dressing room is to be
included in the milk house, an outside door shall be provided. A door
opening directly from the milk house, wash room, milking barn, or
parlor into the toilet is prohibited. An approved auxiliary heating unit
will be permitted in the milk house during cold weather.

The minimum size of the milk room for a dairy selling milk for
pasteurization shall be: (1) less than one hundred gallon capacity per
day—one hundred eighty-eight square feet floor space; (2) over one
hundred gallon capacity per day—two hundred fifty square feet of floor
space, provided, however, that where bulk holding and cooling tanks are
used exclusively, the size of the milk room and the location and installation
of the tank shall be as the Board may require; (3) ceiling height—not
less than eight feet; (4) window area—not less than ten percent of the
floor area, proportionately distributed.

Adequate artificial light shall be provided in the milk room and such
room shall be well ventilated.

The floors, walls, ceilings, and equipment of the milk house or room
shall be kept clean at all times. All necessary means for the elimination
of flies shall be used.

§ 3-400.68. The immediate surroundings of the milking barn, parlor,
or milk house shall be kept neat and clean, and free of rodent harborages
and insect breeding places.

§ 3-400.64. Every dairy farm shall be provided with one or more
sanitary toilets, conveniently located, and properly constructed, operated
and maintained so that the waste is inaccessible to flies and rodents and
does not pollute the surface soil nor contaminate any water supply.

§ 3-400.65. Water for all dairy purposes shall be from a supply
properly located, protected, and operated, and shall be easily accessible,
adequate and of a safe, sanitary quality, and shall be piped into the milk
house under sufficient pressure to permit the outlets to be located in such
a manner that the water may be drawn directly into the wash vats.

§ 3-400.66. All multi-use containers, equipment and other utensils
used in handling, storage and/or transportation of milk, market milk
and market milk products shall be made of smooth, non-absorbent, non-
corrodible, non-toxic material, and shall be so constructed as to be easily
cleaned and shall be kept in good repair. Joints and seams shall be welded
or soldered flush. Woven-wire cloth shall not be used for straining milk.
When milk is strained, strainer pads shall be used and shall not be re-used.
All milk pails shall be of a seamless, hooded type. All single-service articles
used shall have been manufactured, packaged, transported, stored and
handled in a sanitary manner.

All multi-use containers, equipment and other utensils used in the
handling, storage or transportation of milk, market milk and market milk
products shall be thoroughly cleaned after each useage.

All multi-use containers, equipment and other utensils used in the
handling, storage and/or transportation of milk, market milk and market
milk products shall, immediately before each usage, be subjected effectively
to an approved bactericidal process, utilizing steam, hot water, approved
chemicals or hot air.

All containers and other utensils used in the handling, storage, or
transportation of milk, market milk and market milk products, unless
stored in bactericidal solutions, shall be stored so as to drain dry and
so as not to become contaminated before being used.

After bactericidal treatment, containers and other milk, market milk
and market milk products utensils shall be handled in such a manner
as to prevent contamination of any surface with which milk, market
milk and market milk products come into contact.

§ 3-400.67. Milking shall be done in the milking barn or parlor.
The udders and teats of all milking cows shall be clean and wiped with
an approved bactericidal solution immediately before each milking. Ab-
normal milk shall be kept out of the milk supply and shall be so handled
and disposed of as to preclude the infection of the cows and the contamin-
ation of milk utensils.

The hind legs, flanks and udders of cows shall be clipped so that
hair is kept short on these parts at all times. The flanks, bellies and
tails of all milking cows shall be free from visible dirt at the time of
milking. All brushing shall be completed before milking commences.

A milker’s hands shall be washed clean, rinsed with an effective
bactericidal solution, and dried with a single service towel immediately
before milking and immediately after any interruption in the milking
operation. Wet hand milking is prohibited. Convenient hand washing
facilities including hot and cold running water, soap and approved
single service towels shall be provided in the milk house. Hand washing
facilities shall be kept clean. The use of a common towel is prohibited.
No person with an infected cut or lesion on hands or arms shall milk cows or
handle milk or milk utensils.

Milkers and milk handlers shall wear clean outer garments while
milking or handling milk, market milk, market milk products, containers,
utensils or equipment.

Milk stools shall be constructed of approved material and all milk
stools and surcingles shall be kept clean.

§ 3-400.68. Each pail or can of milk shall be removed immediately
to the milk house or straining room. No milk shall be strained or poured
in the barn unless it is protected from flies and other contamination.

§ 3-400.69. Milk shall be cooled immediately after completion of
milking to fifty degrees Fahrenheit, or less, and maintained at that
temperature until delivery. After milk is cooled, no milk producer or
distributor shall transfer milk, market milk or market milk products
from one container to another in any place except a bottling or milk
room especially used for that purpose. :

§ 3-400.70. Market milk and market milk products not for pasteuriza-
tion shall be bottled on the farm where produced. Bottling and capping
shall be done in a sanitary manner by means of approved equipment and
shall be integral in one machine. Caps and cap stock shall be purchased
in sanitary containers and stored therein in a clean, dry space until used.

§ 3-400.71. All vehicles used for the transporation of milk, market
milk or market milk products shall be so constructed and operated as to
protect their contents from the sun, from freezing and from contamina-
‘ion. All vehicles shall be kept clean, and no substance capable of con-
aminating milk, market milk or market milk products shall be trans-
oorted with milk, market milk or market milk products in such a manner
1s to permit contamination. Each bulk milk tank used in the transportation
f milk, market milk or market milk products shall be identified, which
pall be nonditioned on the requirements for such tanks as prescribed by
he Board.

§ 3-400.72. Grade A pasteurized market milk is grade A raw milk
‘or pasteurization which has been pasteurized, cooled and placed in the
inal container in a milk plant which conforms to the sanitation require-
nents prescribed in this Article. In all cases, the market milk shall show
fficient pasteurization as evidenced by satisfactory phosphatase test, or
other approved tests, and at no time after pasteurization and before de-
livery shall the market milk have a bacterial plate count exceeding thirty
thousand per milliliter, or a coliform count exceeding ten per milliliter,
as determined in accordance with § 3-400.47. Provided, however, that
the raw milk at no time between the point of receipt from the producers
and pasteurization shall have an average bacterial plate count or direct
microscopic clump count exceeding two hundred thousand per milliliter.

§ 3-400.73. The floors of all rooms in which milk, market milk or
market milk products are handled or stored, or in which milk utensils are
washed, shall be constructed of concrete or other equally impervious and
easily cleaned material and shall be smooth, properly drained, provided
with trapped drains, kept clean and in good repair.

§ 3-400.74. Walls and ceilings of rooms in which milk, market milk
or market milk products are handled or stored or in which such milk
utensils are washed, shall have a smooth, washable, light-colored surface
and shall be kept clean and in good repair.

§ 3-400.75. Unless other effective means are provided to prevent
the access of flies, all outer openings shall be effectively screened and all
outer doors shall be self-closing and open outward.

§ 3-400.76. All rooms shall be well lighted and well ventilated.

§ 3-400.77. The various milk plant operations shall be located and
conducted so as to prevent any contamination of the milk, market milk,
or market milk products, or, of the cleaned equipment. All necessary
means shall be used for the elimination of flies, other insects and rodents.
There shall be separate rooms for: (a) the pasteurization, processing,
cooling and packaging operations; (b) the washing and bactericidal treat-
ment of containers. Approved facilities shall be provided for the loading,
unloading, cleaning and sanitizing of bulk tank trucks. Cans of raw milk
shall not be unloaded directly into the pasteurizing room. Rooms in which
milk, market milk and market milk products, cleaned utensils or con-
tainers are handled or stored shall not open directly into any stable or
living quarters. The pasteurizing plant, milk containers, utensils and
equipment shall be used for no purpose other than the processing of
graded milk, market milk and market milk products and the operations
incident thereto, except as may be approved by the Commissioner.

§ 3-400.78. Every milk plant shall be provided with a sanitary
toilet and such toilet shall be conveniently located. Toilet rooms shall
not open directly into any room in which milk, market milk or market
milk products, equipment or containers are handled or stored. The doors
of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a
clean condition, in good repair and well ventilated. A sign directing em-
ployees to wash their hands before returning to work shall be posted in
all toilet rooms used by employees. Where privies or earth closets are
permitted and used, they shall be separated from the buildings and shall
be of a sanitary type and shall be located, constructed, and operated in
conformity with § 3-400.64.

§ 3-400.79. The water supply shall be easily accessible, adequate
and of a safe, sanitary quality.

§ 3-400.80. Convenient hand-washing facilities, including hot and
cold running water, soap and approved single service towels, shall be
provided in all toilet rooms, washing and bactericidal treatment rooms,
and milk processing rooms. Hand-washing facilities shall be kept clean.
The use of a common towel is prohibited. No employee shall resume
work after having used the toilet room without having washed his

ands.

§ 3-400.81. All piping used to conduct milk, market milk or market
milk products shall be sanitary milk piping of a type which can be easily
cleaned. Pasteurized market milk and market milk products shall be con-
ducted from one piece of equipment to another only through sanitary
milk piping.

§ 3-400.82. All multi-use containers and equipment with which milk,
market milk, and market milk products come into contact shall be of a
smooth, impervious, non-corrodible, non-toxic material; shall be so con-
structed and so located as to be easily cleaned; and shall be kept in good
repair. All single service containers, closures, gaskets, and other articles
used shall have been manufactured, packaged, transported, stored and
handled in a sanitary manner.

§ 3-400.83. All wastes shall be properly disposed of. All plumbing
and equipment shall be so designed and so installed as to prevent con-
tamination of milk, market milk, and market milk product equipment
by backflow.

§ 3-400.84. All milk, market milk and market milk product con-
tainers and equipment except single-service containers shall be thoroughly
cleaned after each usage. All such containers shall be subjected effectively to
an approved bactericidal process after each cleaning and all equipment
immediately before each usage. When empty, and before being returned to
a producer by a milk plant, each container, including bulk tanks, shall be
thoroughly cleaned and subjected to an approved bactericidal treatment.

§ 3-400.85. After bactericidal treatment, all bottles, cans and other
multi-use milk, market milk or market milk product containers and
equipment shall be transported and stored in such a manner as to be
protected from contamination.

§ 3-400.86. Between bactericidal treatment and usage, and during
usage, containers and equipment shall not be handled or operated in such a
manner as to permit contamination of the milk. Pasteurized market milk or
market milk products shall not be permitted to come into contact with
equipment with which unpasteurized market milk or market milk products
have been in contact, unless the equipment has first been thoroughly
cleaned and effectively subjected to an approved bactericidal process.

§ 3-400.87. Market milk bottle caps or cap stock, parchment paper
for milk cans, single-service containers and gaskets shall be purchased
and stored only in sanitary tubes, wrappings or cartons, and shall be
handled in a sanitary manner. They shall be kept therein in a clean dry
place until used.

§ 3-400.88. Pasteurization shall be performed as described in para-
graph (38) of § 3-400.40 of this Article. No fluid market milk as herein
defined shall be pasteurized more than once unless specifically permitted
by the Commissioner.

§ 3-400.89. All milk received for pasteurization shall be cooled im-
mediately in approved equipment to fifty degrees Fahrenheit or less
and maintained thereat until pasteurized. All pasteurized market milk
and market milk products except those to be cultured, shall be cooled
immediately in approved equipment to a temperature of fifty degrees
Fahrenheit, or less, and shall be maintained at that temperature until
delivered.

§ 3-400.90. Bottling and packaging of market milk and market milk
products shall be done at the place of pasteurization with approved
mechanical equipment.

§ 3-400.91. Overflow milk or milk products shall not be sold for
human consumption.

§ 3-400.92. Capping of market milk and market milk products shall
be done in a sanitary manner by approved mechanical equipment. Hand-
capping is prohibited except in the case of bulk dispenser cans and
similar approved containers. The cap, or cover, shall protect the pouring
lip to at least its largest diameter.

§ 3-400.93. A licensed physician shall examine and take a careful
morbidity history of each person connected with a pasteurization plant,
or about to be employed by one, whose work will bring him into contact
with the processing, handling, storage or transportation of milk, market
milk, market milk products, containers or equipment. If such examination
or history should suggest that such person may be a carrier of, or be in-
fected with, the organism of typhoid or paratyphoid fever or any other
communicable disease likely to be transmitted through milk, he shall
secure appropriate specimens of body discharges and cause them to be
examined in a laboratory approved by him or by the State health authori-
ties for such examinations; and, if the results justify, such person shall
be barred from such employment. Such persons shall furnish such infor-
mation, submit to such physical examinations, and submit such laboratory
specimens as the physician may require for the purpose of determining
freedom from infection. No person with an infected cut or lesion on his
hands or arms shall handle milk, market milk, market milk products, con-
tainers or equipment.

All persons who come into contact with milk, market milk, or market
milk products containers or equipment shall wear clean outer garments
and shall keep their hands clean at all times while engaged in such work.
No person shall smoke or spit in any room where products or containers
are handled.

§ 3-400.94. All vehicles used for the transportation of milk, market
milk and market milk products shall be constructed and operated so as
to protect their contents from the sun, from freezing and from con-
tamination. All vehicles used for the distribution of milk, market milk or
market milk products shall have the name of the distributor prominently
displayed thereon. Tank-cars and tank-trucks shall comply with the
construction, cleaning, bactericidal treatment, storage and handling re-
quirements of this Article. While containing milk, market milk or market
milk products, they shall be sealed and labeled in an approved manner.
For each tank shipment a bill of lading containing all necessary informa-
tion shall be prepared in triplicate and shall be kept on file by the shipper,
the consignee, and the carrier for a period of six months for the information
of the Commissioner.

§ 8-400.95. No person with any disease in a communicable form,
or who is a carrier of such disease, shall work at any dairy farm or milk
plant in any capacity which brings him into contact with the production,
handling, storage, or transportation of milk, market milk or market
milk product containers or equipment, and no dairy farm or milk plant
shall employ in such capacity any such person or any person suspected
of having any disease in a communicable form or of being a carrier of
such disease. Any producer or distributor of milk, market milk or market
milk products upon whose dairy farm or in whose milk plant, any com-
municable disease occurs, or who suspects that any employee has con-
tracted any disease in a communicable form or has become a carrier of
such disease, shall notify the Commissioner immediately. A placard con-
taining these requirements shall be posted at dairy farms and milk plants.

§ 3-400.96. When reasonable cause exists to suspect the possibility of
transmission of infection from any person concerned with the handling of
milk, market milk or market milk products, the Commissioner is author-
ized 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; and (3) adequate
medical and bacteriological examination of the person, of his associates
and of his and their body discharges.

§ 3-400.97. No market milk or market milk products shall be sold
or served for human consumption except grade A pasteurized. After the
effective date of this act no additional permits, as required by this Article,
for the sale of milk, market milk or market milk products for consumption
in the raw state shall be issued, and within one year from the effective
date of this act no milk, market milk or market milk products shall be
sold to the final consumers except grade A pasteurized. No grade A
plant holding a permit as required by this Article shall receive fluid milk
other than grade A after the effective date of this act. Provided, however,
that this shall not apply to plants that were routinely and regularly re-
ceiving such non-grade-A milk on or before August one, nineteen hundred
sixty-one.

No new plants receiving a grade A permit as required by this Article
shall receive fluid milk other than grade A after the effective date of
this Article, nor shall any plant extensively altered or remodeled or
which changes ownership or location. When any milk distributor fails
to maintain the standards established for market milk and market milk
products, the Commissioner may suspend his permit and/or institute
such other action as he deems proper, or, in lieu thereof, at his discretion,
permit the sale of such products for a temporary period not to exceed
twenty days, or if during an emergency for such longer periods as he may
deem necessary. The Commissioner may revoke such permit after an
opportunity for a hearing has been provided.

§ 3-400.98. It shall not be deemed a violation of law to standardize
the milk fat and solids-not-fat content of market milk or market milk
products by the addition or removal of whole milk, skimmed milk or
cream of the same quality, grade and freshness; provided, however, that
the resulting standardized market milk or market milk products shall
comply with the standards for market milk or market milk products fixed

y law.

§ 3-400.99. Any producer or distributor of milk, market milk or
market milk products, whose permit has been suspended, at any time may
make application for the reinstatement of such permit. Upon receipt of a
satisfactory application for reinstatement of such permit, based on cor-
rection of a violation of any bacteriological or cooling temperature stand-
ard, the Commissioner shall take further samples at the rate of not more
than two per week and shall approve the application upon compliance.
Provided, that if samples are not available, because of suspension of
permit to operate, or for other reasons, the Commissioner may issue a
temporary permit upon satisfying himself, by inspection of the facilities
and the operating methods, that the conditions responsible for the viola-
tion have been corrected, with final reinstatement of permit conditional
upon subsequent compliance. In case the permit suspension had been due
to a violation of an item other than bacteriological standards or cooling
temperature, the said application must be accompanied by a statement,
signed by the applicant to the effect that the violated items of the specifica-
tions have been corrected. Within one week of the recipt of such application
and statement, the Commissioner shall make a reinspection of the ap-
plicant’s establishment, and thereafter as many additional reinspections as
he may deem necessary to assure himself that the applicant is again
complying with the requirements and, in case the findings justify, shall
reinstate the permit.

__ § 3-400.100. Except as permitted in this section, no milk or market
milk producer or distributor shall transfer milk, market milk or market
milk products from one container to another except in a bottling or milk
room especially used for that purpose. The sale of dip milk is hereby
prohibited. Milk, market milk and market milk products sold in the
distributor’s containers shall be delivered in standard milk containers.
It shall be unlawful for hotels, soda fountains, restaurants, groceries
and similar establishments to sell or serve any milk or fluid milk products
except in the individual original container in which it was received from the
distributor, or from a bulk container equipped with an approved dispensing
device. Provided, that these requirements shall not apply to cream, whipped
cream, or half and half, which is consumed on the premises, and which
may be served from the original container or from a dispenser approved
for such service; nor to market milk served at hospitals and institutions,
which may be served from containers packaged at a milk plant; nor to
mixed milk drinks requiring less than one-half pint of market milk, which
may be poured from containers packaged at a milk plant. It shall be
unlawful for any hotel, soda fountain, restaurant, grocery, hospital or
similar establishment to sell or serve any market milk or market milk
product which has not been maintained, while in its possession, at a
temperature of fifty degrees Fahrenheit, or less. If containers of market
milk or market milk products are stored in water for cooling, the pouring
lips of the containers shall not be submerged. It shall be the duty of all
persons to whom market milk or market milk products are delivered to
clean thoroughly the containers in which such market milk or market
milk products are delivered before returning such containers. The delivery
of market milk or market milk products to, and the collection of market
milk or market milk product containers from, residences in which a
case of communicable disease transmissible through milk supplies exists,
shall be subject to the special requirements of the Commissioner.

§ 3-400.101. All dairies and milk plants from which graded milk,
market milk or market milk products are supplied in the Commonwealth
of Virginia shall conform in their construction to the grade A require-
ments of this Article. Properly prepared plans for milk plants, which are
thereafter constructed, reconstructed or extensively altered, shall be sub-
mitted to the Commissioner for approval before work is begun. Signed
approval shall be obtained from the Commissioner.

§ 3-400.102. The Commissioner may approve the installation or use
of facilities, fixtures, appurtenances, materials and methods of a type
not conforming with the requirements of, nor expressly prohibited by,
the standards of this Article after he has determined that such fixture,
appurtenance, material or method is of such design or quality, or both, as
to appear to be suitable, safe, and sanitary for the use for which it is
intended. Any person desiring to install or use a facility, fixture, ap-
purtenance, material, or method of a type not conforming with the re-
quirements of, nor expressly prohibited by, these standards shall, prior to
such installation or use, submit to the said Commissioner such proof by
recognized authority as the Commissioner may require to permit him to
determine whether such facility, fixture, appurtenance, material, or
method is of such design or quality, or both, as to appear to be suitable,
safe, and sanitary for the use for which it is intended. In the event the
Commissioner determines that it does appear to be suitable, safe and
sanitary for the use for which it is intended, he may then permit such
installation or use; provided, that the manner of installation or use is
otherwise in accordance with applicable standards. In view of the special
nature of these cases, such installation or use shall be subject to periodic
inspection by the Commissioner, and such facility, fixture, appurtenance,
material, or method shall, upon order, be discontinued or removed if such
inspection indicates it is unsuitable, unsafe, insanitary, or contrary to the
provisions of these or other standards.
§ 8-400.108. The Commissioner of Agriculture and Immigration and
his agents shall enforce this Article, and rules and regulations adopted
hereunder by the Board, pertaining to production and distribution of milk
to the point of delivery. They are empowered, in the performance of
their duties, to enter upon and to have free access to any establishment
or area subject to the provisions of this Article, or rules and regulations,
adopted hereunder, pertaining to the production and transportation of
milk to the point of delivery. It shall be unlawful for any person to
hinder, obstruct, or interfere with the Commissioner of Agriculture
and Immigration or his agents in the performance of their duties under
this Article or such rules and regulations.

The State Health Commissioner and his agents shall enforce this
Article, and rules and regulations adopted hereunder by the Board, per-
taining to the processing and distribution of grade A market milk and
grade A market milk products from the point of delivery on to the con-
sumer. They are empowered, in the performance of their duties, to
enter upon and to have free access to any establishment or area subject
to the provisions of this Article, or rules and regulations adopted here-
under, pertaining to the processing and distribution of grade A market
milk and grade A market milk products from the point of delivery on to
the consumer. It shall be unlawful for any person to hinder, obstruct, or
interfere with the State Health Commissioner or his agents in the perform-
ance of their duties under this Article or such rules and regulations.

Provided, however, that any county, city or town, which has a local
health department is hereby authorized to enforce existing ordinances
insofar as, but no further than, they comply with this Article and to
adopt and enforce ordinances and rules and regulations governing the
handling of milk within such political subdivision, from the point of de-
livery, until sold and delivered to the public. Every such ordinance shall
conform to the provisions of this Article, and rules and regulations
adopted thereunder shall conform to rules and regulations adopted under
this Article by the Board.

The State Health Commissioner shall periodically determine whether
or not political subdivisions enforcing local ordinances and rules and
regulations adopted thereunder are properly enforcing such ordinances,
and the rules and regulations adopted thereunder. If the Commissioner
has reason to believe that such ordinances and rules and regulations are
not being properly enforced or that public health is endangered, he
shall so certify to the governing body of the political subdivision con-
cerned; thereupon from the date of such certification the State Health
Commissioner shall have sole responsibility for enforcing this Article,
and rules and regulations adopted thereunder, in any such political
subdivision until such time as the State Health Commissioner determines
that danger to the public health is terminated; then at such date as may
be set at the discretion of the State Health Commissioner, the political
subdivision shall again be vested with the power to enforce the local
ordinance as provided by this Article.

In no event shall employees of the State Health Department, or
of any county, city or town, or the employees of any local health depart-
ment in any county, city or town have any power to inspect, regulate or
control the production and distribution of grade A milk prior to the point
of delivery of any such milk; and in no event shall employees of the
State Department of Agriculture and Immigration have any power to in-
spect, regulate or control the processing and distribution of grade A
market milk and market milk products, subsequent to the point of delivery
of any such grade A raw milk. Provided, however, that this provision
shall not be construed as prohibiting official rating surveys, when re-
quested by proper authority.

It is the intent of this Article that duplicate inspections of the
same establishment by more than one agency for the purpose of enforcing
the requirements of this Article shall be avoided. If a question arises
regarding the applicability of any requirement of a local ordinance or
regarding the jurisdictional responsibility between agencies, State or
local, over milk inspection, such question shall be referred to the Com-
missioner of Agriculture and Immigration, the State Health Commissioner
and the Attorney General, whose ruling shall be binding on and accepted
by the agencies concerned.

§ 3-400.104. All authority vested in the Commissioner by virtue
of the provisions of this Article may, with like force and effect, be
executed by such persons as the Commissioner may from time to time
designate for such purpose.

§ 3-400.105. In the event of violation of any provision of this Article,
in addition to any other remedy, the Commissioner may apply to any
court of record in the State of Virginia for relief by injunction, if neces-
sary, to protect the public interest without being compelled to allege
or prove that any adequate remedy at law does not exist.

§ 3-400.106. Rules and regulations for the interpretation, application
and enforcement of the provisions of this Article may be adopted, and shall
be effective when approved, by a majority of the membership of the Board
of Agriculture and Immigration and the State Board of Health voting
separately, the approval of each Board being required. In the consideration
of, and action on, rules and regulations the two Boards shall meet
jointly.

§ 3-400.107. Any violation of the provisions of this Article, or rules
and regulations adopted thereunder, or failure to comply with such
provisions or rules and regulations shall be a misdemeanor and punished as
provided by law. Each day of such failure or violation shall be a separate
offense and punished as such.

2. If any part, section, portion or provision of this Article or the applica-
tion thereof to any person or circumstance is held invalid by a court of final
resort, such holding shall not affect any part, section, portion, provision
or application of this Article which can be given effect without the part,
section, portion, provision or application so held invalid; and to this
end, the parts, sections, portions, provisions and applications thereof are
declared severable.

8. That §§ 3-384 through 3-400.39, 3-416 through 3-424, and 3-424.1
through 3-424.8 which were enacted as §§ 3-476.1 through 3-476.8, of the
Code of Virginia, are repealed.