CHAPTER 17

An Act to amend and reenact §§ 4 and 111 of Chapter 158 of the Acts of
Assembly of 1916, approved March 11, 1916, which provided a charter
for the town of Victoria, the sections relating to town officials; to
amend said chapter by adding a section numbered 2-a, relating to
powers of the town; and to repeal § 120 of said chapter, relating to

rate of tax.
[H 41]

Approved February 17, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 4 and 111 of Chapter 158 of the Acts of Assembly of 1916,
approved March 11, 1916, be amended and reenacted, and that such chap-
ter be amended by adding a section numbered 2-a, as follows:

§ 2-a. The powers set forth in §§ 15.1-841 to 15.1-907, inclusive,
of the Code of Virginia as in force on the first day of January, nineteen
hundred sixty-five, are hereby conferred on and vested in the town of
Victoria. It is intended that the town of Victoria shall have and may exer-
cise all powers which, under the Constitution and laws of the Common-
wealth, it would be competent for this charter to enumerate specifically,
and no enumeration of particular powers shall be held to be exclusive, but
in addition to this general grant.

§ 4. The mayor * shall * be elected for a term of two years. * The
members of council and mayor in office at the effective date of this amend-
ment are hereby continued in office for the terms for which they were
elected. On the second Tuesday in June, nineteen hundred sixty-six, there
shall be elected by the electors of the town six councilmen from the town
at large. The three members receiving the greatest number of votes in
said election shall serve for terms of four years each, and the remaining
three members shall serve for terms of two years each. On the second
Tuesday in June. nineteen hundred sixty-eight, and every two years there-
after, there shall be elected by the electors of the town three councilmen
from the town at large, who shall serve for terms of four years each.

§ 111. The commissioner of revenue shall keep his office in some
convenient place in the town, and shall keep therein such books, schedules
and records, and in such manner as the * town council may prescribe,
which books, records and other papers shall be subject to the inspection
of the mayor, the members of the town council, * and any committee or
egent thereof, and of the collector of town taxes. He shall receive for his
services * such * compensation as the town council may from time to time

§ 120 of Chapter 158 of the Acts of Assembly of 1916, approved
March hil, 1916, is repealed
3. An emergency exists and this act is in force from its passage.

Chapter 17
PUBLIC DEBT
ARTICLE 1
General Provisions
§§ 2.1-303 to 2.1-304
ARTICLE 2
Existing Coupons and Bonds
§§ 2.1-305 to 2.1-314
ARTICLE 3
Forged Bonds
§§ 2.1-315 to 2.1-317
ARTICLE 4
Sinking Fund
$§ 2.1-318 to 2.1-326
CHAPTER 17
SEED POTATOES
§ 8.1-285. Short title—This chapter shall be known as the Virginia
Seed Potato Inspection Law.
§ 3.1-286. Necessity for chapter—This chapter and regulations
adopted hereunder are declared to be necessary in order to improve agri-
cultural production in Virginia, to enable potato. growers to secure higher
quality Irish potatoes and parts thereof for the purpose of propagation,
to prevent the spread of diseases affecting agriculture and to- promote the
general welfare of the public. !

§ 3.1-287. “Approved seed” Irish potatoes defined.—As used in
this chapter “approved seed” Irish potatoes and parts thereof for propaga-
tion purposes shall mean disease-free Irish potatoes and parts thereof which
conform to the standards hereinafter provided for.

§ 3.1-288. Sale of any but approved seed Irish potatoes for propaga-
tion purposes unlawful.—After July first, nineteen hundred fifty-eight,
it shall be unlawful for any person, firm, association or corporation
to offer or expose for sale, or ship into this State, any Irish potatoes or
parts thereof intended for propagation purposes, which do not conform
to the standards of “approved seed” potatoes as herein used. _..

§ 3.1-289. Rules and regulations.—In order to provide disease-free
stock for propagation purposes the State Seed Potato Committee is hereby
authorized to make such reasonable rules and regulations to provide for
disease-free stock as may be needed.

§ 3.1-290. State Seed Potato Committee.—There is hereby created a
State Seed Potato Committee, consisting of nine members, namely, the
State Entomologist, the Director of the Division of Markets of the Depart-
ment of Agriculture and Immigration, the Director of the Virginia Truck
Experiment Station, the Chairman of the State Certified Seed Commis-
sion, the Head of the Department of Horticulture, Virginia Polytechnic
Institute, and four selected from the principal potato growing areas who
shall be growers and dealers in potatoes. The last four members of the
Committee shall be elected each year at the annual meeting of the Associa-
tion of Virginia Potato and Vegetable Growers. All members shall serve
for a term of one year each and until their successors are elected and
take office. All members of this Committee may designate official repre-
sentatives to attend meetings in their place who shall have full voting
power. Five members of the Committee or their five officially designated
representatives shall constitute a quorum. The Committee shall elect its
own chairman and meet at least once each year, prior to beginning of the
seed potato buying season, and at such other times during the year as it
may deem necessary. At such meetings it shall be the duty of the Commit-
tee to make such amendments as are necessary in the seed potato standards
adopted by the Committee pursuant to this chapter, and to the rules and
regulations promulgated pursuant hereto for enforcing such standards.
The members of the Committee shall not be paid by the State in any
way.

§ 8.1-291. Inspectors; assistance of personnel in Department of Ag-
riculture and Immigration.—It shall be the duty of the Commissioner of
Agriculture and Immigration to employ qualified inspectors to assist in the
enforcement of this chapter and regulations adopted hereunder affecting
the distribution and sale of Irish potatoes and parts thereof intended for
propagation purposes. The Commissioner of Agriculture and Immigration
is hereby authorized to require of personnel in his department the per-
formance of duties which involve technical and scientific questions in
connection with the enforcement of this chapter.

§ 3.1-292. Inspection of potatoes; right of entry; fee; ‘‘stop sale”
order.—To effectively enforce the provisions of this chapter, the Commis-
sioner of Agriculture and Immigration shall require employees of his de-
partment to inspect Irish potatoes and parts thereof shipped into, pos-
sessed, sold or offered for sale within this State for the purpose of
propagation, and the Commissioner and such employees may enter any
place of business, warehouse, common carrier or other place where such
potatoes are stored or being held, for the purpose of making such inspection.
It shall be unlawful for any person, firm or corporation having custody of
such potatoes or of the place in which the same are held to interfere
with such inspections. The fee for such inspection shall not exceed the
current rate for Federal-State inspection of table stock potatoes or the
reasonable cost of inspection whichever is less. When the Commissioner
or his employees find potatoes or parts thereof held, offered or exposed for
sale in violation of any of the provisions of this chapter or any rule or
regulation adopted pursuant thereto, he may issue a written or printed
“stop sale” order to the owner or custodian of any such potatoes and it
shall be unlawful for anyone, after receipt of such “stop sale” order, to
sell for propagation purposes within this State, any potatoes with respect
to which such order has been issued. Such “stop sale” order shall not
prevent the sale of such potatoes for other than propagation purposes
or for propagation purposes outside of this State.

§ 3.1-298. Commissioner may authorize sale of substandard potatoes
under certain circumstances.—Notwithstanding any other provisions of
this chapter, the Commissioner is authorized and directed when disease-
free stock is not available to permit for such periods of time as, in his
discretion, he may deem necessary, the sale for propagation purposes of
potatoes which do not meet the standards established under this chapter,
as such standards may from time to time be amended, but which do meet
such lesser standards as the Committee may prescribe.

§ 3.1-294. Sale to planter having knowledge of conditions under
which potatoes were grown.—Nothing in this chapter shall prohibit the
sale for propagation purposes of Irish potatoes or parts thereof grown
within this State when sold by the grower thereof to a planter having
personal knowledge of the conditions under which such potatoes were
grown.

§ 3.1-295. Violations and prosecutions.—Any person, firm or cor-
poration violating any of the provisions of this chapter or any rule or
regulation promulgated pursuant hereto shall be guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine of ten dollars for the
first offense, fifty dollars for the second offense, three hundred dollars
for the third offense, and one thousand dollars for each additional of-
fense. Whenever the Commissioner has reason to believe there has been
any violation of the provisions of this chapter or of any rule or regulation
promulgated pursuant hereto he shall immediately notify in writing the
person, firm or corporation if same be known. Any party so notified
shall be given an opportunity to be heard under such rules and regulations
as may be promulgated as herein provided. If it appears after proper
hearing, that any of the provisions of this chapter have been violated, the
Commissioner of Agriculture and Immigration shall certify the facts to the
attorney for the Commonwealth in the county or city in which the violation
occurred, and furnish him with a copy of the results of the inspection of
such Irish potatoes, or parts thereof duly authenticated by the inspector
making such inspection, under the oath of such inspector. It shall be the
duty of such attorney of such county or city to prosecute any case involving
the violation of any provisions of this chapter or of any rule or regulation
when promulgated as herein provided when requested to do so by the
Commissioner of Agriculture and Immigration.

§ 3.1-296. §§ 3.1-276 to 3.1-284 not affected; other laws in con-
flict repealed.—Nothing in this chapter shall be construed as repealing
Article 2 of Chapter 15 of Title 3.1 of the Code of Virginia of 1950, as
amended, but all other laws or parts of laws in conflict with the provisions
of this chapter are repealed to the extent of such conflict.
CHAP. 18
TOBACCO

Article 1
Dark Fire-Cured Tobacco
ti 3 8.1-297. Definitions—For the purpose of §§ 8.1-297 to 8.1-307
e terms:
(a) “Tobacco in green order’ means dark fire-cured tobacco in green

r.

(b) “Seller” means association, warehouseman, or his or its repre-
sentative offering for sale or selling dark fire-cured tobacco in green order.

(c) “Director” means the Director of the Division of Markets of the
Department of Agriculture and Immigration.

(d) “Commissioner” means the Commissioner of Agriculture and
Immigration.

§ 3.1-298. Director to establish grades of dark fire-cured tobacco
in green order.—The Director, with the approval of the Commissioner, is
empowered and directed to establish and promulgate from time to time of-
ficial standard grades for dark fire-cured tobacco in green order which
will show the classification, quality, condition or other characteristics of
such tobacco.

§ 3.1-299. Power of Director as to inspectors, graders and other
employees.—The Director, with the approval of the Commissioner, is em-
powered and directed to appoint, superintend and control such inspectors
or graders and other employees as in his discretion may be deemed neces-
sary for the purpose of inspecting or grading all dark fire-cured tobacco
in green order produced or offered or exposed for sale or sold in this State.

§ 3.1-300. Duty of Director as to inspection—The Director, with
the approval of the Commissioner, is empowered and directed to enter
and inspect personally or through any authorized agent each place within
the State where dark fire-cured tobacco in green order, is produced, packed,
stored, sold, shipped, transported, offered or exposed for sale, or delivered
for shipment, and inspect such places and grade all tobacco found in any
such places.

§ 3.1-301. Fees for inspection.—The Director, with the approval
of the Commissioner, is empowered and directed to fix, assess and collect
fees for inspecting or grading dark fire-cured tobacco in green order
sufficient to meet the cost of such inspection or grading, which fee shall
be paid by the seller.

§ 3.1-302. Labeling piles or baskets.—The Director, with the ap-
proval of the Commissioner, is empowered and directed to label each pile
or basket of dark fire-cured tobacco in green order according to the grade,
classification, condition or characteristic found, and to require each pile
of dark fire-cured tobacco in green order, sold, offered or exposed for
sale to be labelled according to the grade found by the official representa-
tive authorized under §§ 3.1-299 or 3.1-300.

§ 3.1-803. Sellers to pay fees and furnish basket tickets.—The seller
is required to pay the fees fixed under authority of § 3.1-301 and
furnish necessary basket tickets, but he must not charge the grower or
owner in excess of the fee fixed under authority of that section.

§ 3.1-304. Sellers must inform buyers of grade.—The seller is re-
quired to make known to the buyer the grade of each pile or lot of dark
ee ees tobacco in green order as found by the official inspector or

ader.

§ 8.1-305. Who to label—Dark fire-cured tobacco in green order
offered or exposed for sale shall not be labelled by any other person than
a duly authorized inspector or grader, except under the supervision of a
duly authorized inspector or grader.

§ 3.1-306. Penalty.—Any person, firm, association, or corporation
who shall violate any of the foregoing provisions of this chapter shall be
punished by a fine of not less than five dollars nor more than five hundred
dollars for each offense.

§ 8.1-307. Prosecutions.—The Director, with the approval of the
Commissioner, is hereby empowered and directed to cause prosecutions
for violations of the foregoing provisions of this chapter to be instituted
through the Commonwealth’s attorneys, or otherwise, in any county or
city of the State where in his opinion violations are found.

Article 2
Virginia Dark-Fired Tobacco Commission

§ 3.1-308. Definitions.—As used in this article:

si (1) “Commission” means the Virginia Dark-Fired Tobacco Commis-

on.
(2) “Person” means and includes individuals, corporations, partner-
ships, trusts, associations, cooperatives, and any and all other business
units, devices and arrangements.

(3) “Grower” means any person actually engaged in the growing and
producing of Type 21 Dark-Fired Tobacco.

(4) “Warehouse” means any person authorized by law to conduct
auction sales of loose leaf tobacco.

§ 3.1-309. Commission created; appointment and terms of members;
chairman; per diem and expenses.—There is hereby created, within the
Department of Agriculture and Immigration, an agency to be known as
the Virginia Dark-Fired Tobacco Commission, consisting of five members
representing as nearly as possible each important Type 21 Dark-Fired
Tobacco producing section in Virginia. Such Commission shall be ap-
pointed within thirty days after July one, nineteen hundred sixty-four, by
the Governor, who shall be guided in his appointments by the recommenda-
tions of the Virginia Dark-Fired and Sun-Cured Export Association or
such other tobacco growers organizations existing in tobacco producing
counties. Each member shall be a citizen of Virginia and engaged in pro-
ducing tobacco in Virginia. The members of the Commission shall serve
for a term of four years, except that beginning with the first appointments,
three members shall be appointed for two years and two members for four
years. The Commission shall elect one of its members as chairman. The
members of the Commission shall receive a per diem of ten dollars, for each
day spent in attendance at meetings of the Commission and shall be reim-
bursed for actual expenses incurred in such attendance.

§ 3.1-310. Powers and duties of Commission; secretary; em-
ployees.—(a) All funds levied and collected under this article shall
administered by the Commission.

(b) It shall be the duty of the Commission to plan and conduct cam-
paigns of education, advertising, publicity, sales promotion and research
for the purpose of increasing the demand for, and the consumption of
Type 21 Virginia Dark-Fired Tobacco, and the Commission may make
contracts, expend moneys of the Virginia Dark-Fired Tobacco Promotion
Fund as hereinafter created and do whatever else may be necessary to
effectuate the purposes of this article.

(c) The Commission shall have the authority to cooperate with other
State, regional and national agricultural organizations in research, adver-
tising, publicity, education and other means of promoting the sale, use and
exportation of Type 21 Virginia Dark-Fired Tobacco, and to expend moneys
of the Virginia Dark-Fired Tobacco Promotion Fund as hereinafter created
for such purposes.

(d) The Commission shall have authority to appoint a secretary and
such other employees as may be necessary, at salaries to be fixed by the
Commission, subject to the provisions of the Virginia Personnel Act. All
employees handling money under this article shall be required to furnish
surety bonds.

§ 3.1-311. Levy of tax.—There is hereby levied on all Type 21 Dark-
Fired Tobacco severed from the soi] in Virginia, beginning with the crop of
nineteen hundred sixty-four, an excise tax as follows: On such tobacco
produced on each acre or fractional part of an acre, fifty cents. In deter-
mining the amount of acreage planted in Type 21 Dark-Fired Tobacco the
official allotment books issued shall be prima facie evidence of such amount.

3.1-312. Payment of tax.—The excise tax levied by this article
shall be paid by each grower to the warehouse at which the tobacco is first
sold at the time of such sale. Each warehouse is hereby designated an agent
of the Commission for the purpose of collecting such excise tax. Such tax
shall be paid to the Commission on or before the tenth day of the month
following its collection, and by it promptly paid into the State treasury to
the i of the Virginia Dark-Fired Tobacco Promotion Fund, hereinafter
created.

§ 3.1-318. Records to be kept by warehousemen.—Each warehouse
shall keep a complete record of the excise tax collected by it and shall pre-
serve such record for a period of not less than two years from the time of
collection. Such record shall be open to the inspection of the Commission
and its duly authorized agents.

§ 3.1-314. Interest on tax; collection—The tax imposed by this
article and unpaid when due and payable and any funds collected by a
warehouse and not remitted to the Commission as hereinabove provided
shall bear interest at the rate of one per centum per month from and
after the due date until payment. If any person defaults in any payment of
the tax or interest thereon, or fails to remit any funds collected to the Com-
mission, the amount shall] be collected by civil action in the name of the
Commonwealth of Virginia at the relation of the Commission, and the
person adjudged in default shall pay the cost of such action. The Attorney
General, at the request of the Commission, shall forthwith institute action
in the proper court for the collection of the amount of any tax past due
under this article including interest thereon.

§ 3.1-315. Virginia Dark-Fired Tobacco Promotion Fund.—All mon-
eys levied and collected under the provisions of this article shall be credited
on the Comptroller’s bocks to a fund to be known as the “Virginia Dark-
Fired Tobacco Promotion Fund” which is hereby created. All moneys
credited to the Virginia Dark-Fired Tobacco Promotion Fund are hereby
appropriated for the purposes herein set forth, and shall be used exclusively
for the administration and enforcement of this article, including the collec-
tion of taxes, the payment of personal services and expenses of employees
and agents of the Commission and the payment of rent, services, materials
and supplies necessary to effectuate the purposes and objects of this article.
The unexpended balance of the Virginia Dark-Fired Tobacco Promotion
Fund at the end of each biennium shall not be transferred to the general
fund of the State treasury.

§ 3.1-316. Expenditures from Fund.—All moneys collected under
this article shall be expended by the Virginia Dark-Fired Tobacco Com-
mission by warrants of the Comptroller on the State treasury issued on
vouchers signed by the duly authorized officer of the Commission.

§ 3.1-317. Violation of article a misdemeanor.—It shall be a mus-
demeanor for any person knowingly to violate any provision of this article.

§ 3.1-318. Duty of law-enforcement officers.—It shall be the duty of
all State and county law-enforcement officers to assist in the enforcement
of this article.

La se: @ ,
(1) “Commission” shall mean the Virginia Bright Flue-Cured
Tobacco Commission.
| (2) “Person” shall mean and include individuals, corporations, part-
nerships, trusts, associations, cooperatives, and any and all other business
units, devices and arrangements.

(3) “Grower” shall mean any person actually engaged in the growing
and producing of bright flue-cured tobacco.

(4) “Warehouse” shall mean any person authorized by law to conduct
auction sales of loose leaf tobacco.

3.1-320. Virginia Bright Flue-Cured Tobacco Commission cre-
ated.—There is hereby created, within the Department of Agriculture and
Immigration, an agency to be known as the Virginia Bright Flue-Cured
Tobacco Commission, consisting of seven members representing as nearly
as possible each important tobacco producing section of Virginia. :

§ 3.1-821. Appointment and qualifications of members.—Such Com-
mission shall be appointed within thirty days after July first, nineteeen
hundred forty-eight, by the Governor, who shall be guided in his appoint-
ments by the recommendations of the Flue-Cured Tobacco Committee of
the Virginia Farm Bureau Federation and/or such other tobacco grower
organizations existing in tobacco producing counties. Each member must
be a citizen of Virginia and engaged in producing tobacco in Virginia.

§ 3.1-322. Terms of members; chairman.—The members of the
Commission shall serve for a term of four years, except that beginning with
the first appointments one member shall be appointed for one year, two
members for two years, two members for three years and two members for
four years. The Commission shall elect one of its members as chairman.

§ 3.1-323. Compensation of members.—The members of the Com-
mission shall receive a per diem of ten dollars for each day spent in attend-
ance on meetings of the Commission and shall be reimbursed for actual
expenses incurred in such attendance.

§ 3.1-824. Administration of funds.—All funds levied and collected
under this article shall be administered by the Commission.

8.1-325. Publicity, sales promotion and research.—lIt shall be the
duty of the Commission to plan and conduct campaigns of education,
advertising, publicity, sales promotion, and research for the purpose of
increasing the demand for, and the consumption of, Virginia bright flue-
cured tobacco, and the Commission may make contracts, expend moneys
of the bright flue-cured tobacco promotion fund and do whatever else may
be necessary to effectuate the purposes of this article. :

§ 3.1-826. Cooperation with other agricultural organizations.—The
Commission shall have authority to cooperate with other state, regional
and national agricultural organizations in research, advertising, publicity,
education, and other means of promoting the sale, use and exportation of
bright flue-cured tobacco, and to expend moneys of the bright flue-cured
tobacco promotion fund for such purposes.

§ 3.1-327. Secretary and other employees.—The Commission shall
have authority to appoint a secretary and such other employees as may be
necessary, at salaries to be fixed by the Commission, subject to the provi-
sions of Chapter 9 of Title 2. All employees handling money under this
article shall be required to furnish surety bonds.

§ 3.1-328. Levy of excise tax.—There is hereby levied on all bright
flue-cured tobacco severed from the soil in Virginia, beginning with the
crop of nineteeen hundred sixty, an excise tax as follows: On such tobacco
produced on each acre or fractional part of an acre greater than one half,
fifty cents; on such tobacco produced on a fractional part of an acre less
than one half, twenty-five cents. In determining the amount of acreage
planted in bright flue-cured tobacco the official allotment books issued shall
be prima facie evidence of such amount.
§ 8.1-829. Time and manner of payment of excise tax.—The excise
tax levied by this article shall be paid by each grower to the warehouse at
which the tobacco is first sold at the time of such sale. Each warehouse is
hereby designated an agent of the Commission for the purpose of collecting
such excise tax. Such tax shall be paid to the Commission on or before the
tenth day of the month following its collection, and by it promptly paid
into the State treasury to the credit of the bright flue-cured tobacco pro-
motion fund.

§ 3.1-330. Records of tax collected——Each warehouse shall keep 8
complete record of the excise tax collected by it and shall preserve such
record for a period of not less than two years from the time of collection.
Such record shall be open to the inspection of the Commission and its duly
authorized agents.

§ 3.1-331. Collection of unpaid excise tax and interest thereon.—
The tax imposed by this article and unpaid when due and payable and any
funds collected by a warehouse and not remitted to the Commission as
hereinabove provided shall bear interest at the rate of one per centum per
month from and after the due date until payment. If any person defaults
in any payment of the tax or interest thereon, or fails to remit any funds
collected to the Commission, the amount shall be collected by civil action
in the name of the Commonwealth at the relation of the Commission, and
the person adjudged in default shall pay the cost of such action. The
Attorney General, at the request of the Commission, shall forthwith insti-
tute action in the proper court for the collection of the amount of any tax
past due under this article, including interest thereon.

§ 3.1-332. Bright flue-cured tobacco promotion fund.—All moneys
levied and collected under the provisions of this article shall be credited on
the Comptroller’s books to a fund to be known as the “Bright Flue-Cured
Tobacco Promotion Fund” which is hereby created. All moneys credited to
the fund are hereby appropriated for the purposes herein set forth, and
shall be used exclusively for the administration and enforcement of this
article, including the collection of taxes, the payment of personal services
and expenses of employees and agents of the Commission and the payment
of rent, services, materials and supplies necessary to effectuate the pur-
poses and objects of this article. The unexpended balance of the fund at
the end of each biennium shall not be transferred to the general fund of the
State treasury.

§ 3.1-333. How moneys to be expended.—All moneys collected under
this article shall be expended by the Virginia Bright Flue-Cured Tobacco
Commission by warrants of the Comptroller on the State Treasurer issued
on vouchers signed by the duly authorized officer of the Commission.

§ 8.1-334. Violation a misdemeanor.—It shall be a misdemeanor for
any person knowingly to violate any provision of this article.

§ 3.1-885. State and county officers to assist in enforcement.—It
shall be the duty of all State and county law enforcement officers to assist
in the enforcement of this article.

Article 4
Commission For Regulation of Sale, Etc.

§ 3.1-836. Act conditionally providing for Virginia Tobacco Com-
mission, etc., continued in force.—Chapter 184 of the Acts of 1986, ap-
proved March 13, 1986, codified as §§ 1399 (2) -1399 (26) of Michie
Code 1942, conditionally providing for a Virginia Tobacco Commission an
the regulation of the sale, marketing and distribution of tobacco, including
the establishment of marketing quotas, to become effective only after the
§ 3.1-337. Definitions.—For the purpose of this article:
(1) “Agricultural product” means any horticultural, viticultural,
dairy, livestock, poultry, bee or other farm or garden product;
(2) “Commissioner” means the Commissioner of Agriculture and
Immigration ;
(3) “Director” means the Director of the Division of Markets of the
Department of Agriculture and Immigration ;
_(4) “Person” means an individual, partnership, corporation or asso-

ciation.

§ 3.1-838. Establishment of grades, marks, brands, etc—In order
to promote, protect, further and develop the agricultural interests of this
State, the Director, with the approval of the Commissioner, is authorized
and empowered, after investigation, to establish and promulgate grades,
trademarks, brands and other markings which when used on or in con-
nection with agricultural products will indicate grade, classification, qual-
ity, condition, size, variety, quantity, and/or other characteristics of such
products and/or marks identifying the party responsible for the grading
and marking of such products, and/or any or all of them; to prescribe and
promulgate rules and regulations governing the voluntary use of such
grades, trademarks, brands and other markings for such agricultural
products produced and/or packed and/or marked in this State.

§ 3.1-339. Grades recommended by United States Department of
Agriculture.—The Director, in carrying out the provisions of the preceding
section, shall establish and promulgate grades recommended or adopted by
the United States Department of Agriculture in so far as they are avail-
able and suitable for use in Virginia, unless there is a decided demand for
additional or different grades or standards among those in Virginia produc-
ing and handling such products.

§ 3.1-340. When special grades, marks, brands, etc., allowed.—Any
person desiring to pack, mark, and/or sell or offer for sale any agricultural
product under any grade, trademark, brand, or other markings relating to
grade, quality or size, not established and promulgated by the Director,
may file with the Director a certificate setting forth the description of such
special grade, trademark, brand, or other markings. For this purpose a
brand, trademark or other markings may represent a grade. If, upon the
filing of such certificate the Director, with the approval of the Commis-
sioner, approves of the completeness of definitions of such special grade,
trademark, brand, or other markings set forth in the certificate, such
special grade, trademark, brand or other markings may thereafter be used
by the person filing the certificate; provided, that such grade terminology,
trademark, brand or other markings and/or definitions are in no way
deceptive; and provided, further, that definitions used to describe grade,
classifications, quality, condition, size, variety and/or other characteristics
of agricultural products shall show clearly wherein they differ from the
official grades.

§ 3.1-341. Powers of Director.—The Director, with the approval of
the Commissioner, shall be charged with the enforcement of the provisions
of this article, and for that purpose shall have the power:

(1) To enter and inspect, personally or through any authorized
agent, every place within the State where agricultural products are pro-
uced, packed, stored for sale, shipped, delivered for shipment, in transit or
Offered for sale; and to inspect such places and any or all agricultural
products, containing markings of any kind which indicate grade, classifica-
tion, quality, condition, size, variety and quantity, or any of them, and con-
tainers or equipment found at or in such places; and it shall be illegal for
any one to prevent, hinder or interfere with the Director or his agent, in
the exercise of any power herein set forth.

(2) To approve, superintend, control and discharge such inspectors,
subordinate inspectors and agents as in his discretion may be deemed
necessary for the purpose of enforcing the terms of this article; and to
prescribe their duties and fix their compensation.

(3) Personally, or through any such inspector, subordinate inspector
or agent, to forbid the movement of any agricultural product found to be
marked in violation of any of the provisions of this article, which product
or products have not been actually accepted by a common carrier for ship-
ment in interstate transit, and to require the same to be repacked and/or
remarked. A carload of any agricultural product shall not be considered
as actually accepted by a common carrier until the car is loaded, the car
sealed and the bill of lading issued.

(4) To cause to be instituted through the proper Commonwealth’s
attorney or Commonwealth’s attorneys, or otherwise, in any county or city
in Virginia in which any agricultural product or products are packed,
shipped, delivered for shipment, offered for sale, sold or may be found in
violation of any provision of this article, prosecutions for such violations.

§ 3.1-842. When products considered as offered for sale-—When any
agricultural product is in transit, delivered to a railroad station or common
carrier for shipment, or delivered to a storage house for storage, such fact
or facts shall be considered as prima facie evidence that the product is
offered for sale.

§ 3.1-348. Grades, brands, etc., must be used in accordance with
established rules—No person shall use any grade, trademark, brand, or
other markings established and promulgated by the Director on or in con-
nection with marking any agricultural product except in accordance with
the rules and regulations established and promulgated by the Director;
nor shall any person use any grade, trademark, brand or other markings
indicating grade, classification, quality, condition or size, for any agricul-
tural product for which official grades, trademarks, brands or other
markings have been established and promulgated by the Director, unless
such be established and promulgated by the Director, or unless in accord-
ance with the provisions of § 3.1-340.

3.1-344. Unclassified products.—This article shall not prevent the
use of any trademark or brand not established and promulgated or ap-
proved by the Director, on or in connection with any agricultural product,
if, as a part of such trademark or brand, or immediately adjacent thereto,
there be printed in well proportioned letters not less than one-half inch in
height the word ‘‘unclassified.”

_§ 3.1-345. Unmarked products.—This article shall not apply to any
agricultural product or products not marked or designated by or with any
trademark, brand or other markings indicating grade, classification, qual-
ity, condition or size.

3.1-346. Unlawful removal of markings.—It shall be unlawful,
except with the consent of the original packer, or in compliance with the
rules and regulations of the Director, for any person to remove from any
agricultural product any markings which meet the requirements of this
article relating to grade, classification, quality, condition, size, variety,
quantity and other characteristics or identify the party responsible for the
packing or marking.

§ 3.1-347. Penalty for violation —Any person who shall violate any
of the provisions of this article shall be punishable by a fine of not less than
five dollars nor more than five hundred dollars for each offense.

§ 3.1-348. Defenses to prosecution.—No person shall be convicted
under the provisions of this article:
(a) When such person is not a party to the packing, grading or mark-
ing of such product;

(b) When the ‘agricultural product involved has passed inspection by
an authorized inspector in the voluntary inspection service of the Virginia
Department of Agriculture and Immigration, or the United States Depart-
ment of Agriculture, and found to be marked in accordance with the re-
quirements of this article.

Article 2

Virginia Quality Label

§ 8.1-349. Definitions.—For the purpose of this article:

(1) “Agricultural and food product’ shall include any horticultural,
viticultural, dairy, livestock, poultry, bee, other farm or garden product,
fish or fishery product and other foods;

(2) “Commissioner” shall mean the Commissioner of Agriculture
and Immigration;

(3) “Continuous official inspection” shall mean that an employee or
a licensed representative of the Division of Markets or of the United States
Department of Agriculture, or of both, or employees of either or both, shall
regularly and continuously examine the commodity as it is being packed
so as to have knowledge of the quality that goes into each package

(4) “Director” shall mean the Director of the Division of Markets of
the Department of Agriculture and Immigration ; and

(5) “Person” shall include any individual, partnership, association,
union or corporation.

§ 3.1-350. Use of Virginia Quality Label to designate inspected
products.—The Director, with the approval of the Commissioner, may
make use of an outline map of the State of Virginia, printed, lithographed,
inscribed, engraved or otherwise impressed upon the labels, tags, seals or
containers of any agricultural or food product, by any person who has
availed himself of the continuous official inspection service offered by the
Division of Markets, as an indication that such product has been under
continuous official inspection by the officers, agents or licensed inspectors
of the Division and that the product is of such quality and description as is
indicated on such label, tag, seal or container, in the manner hereinafter
prescribed. Such outline map when made use of pursuant to the provisions
of this article shall be known as the “Virginia Quality Label.”

3.1-351. Collaboration with United States authorities—In any
instance when an authorized department, agent or officer of the United
States collaborates with the Division of Markets of this State in the inspec-
tion of any agricultural or food product, the Virginia Quality Label may,
with the consent of the appropriate department, agency or officer of the
United States, be used together with the shield of the United States on
any such label, tag, seal or container, thus indicating continuous inspec-
tional collaboration between the Division and such department, agency or
officer of the United States.

§ 3.1-352. Restrictions as to use of Label.—The Virginia Quality
Label or such label with the shield of the United States, as the case may be,
shall not be used except in accordance with the rules and regulations pre-
scribed therefor by the Director with the approval of the Commissioner,
and in no case shall it or either or both of them be used upon the label, tag,
seal or container, of the product of any farm, factory, mill or of any other
producing, processing, packing, preparing or dressing establishment unless
such product is processed, packed, prepared or dressed under continuous
official State or federal-State inspection.

§ 3.1-353. Director may prepare and distribute labels, tags and
seals with Virginia Quality Label.—The Director may cause to be made,
printed or otherwise prepared, from time to time, such quantity of labels,
tags and seals with the Virginia Quality Label or with such label and the
shield of the United States printed, lithographed, inscribed, engraved or
impressed thereon as will be sufficient to supply the demand therefor; and
he may furnish such labels, tags, and seals at reasonable prices to any pro-
ducer, processor, packer or dresser who has availed himself of such con-
tinuous official State or Federal-State inspection service.

§ 3.1-354. Preparation and use of Label by producer, etc.—Nothing
in this article shall be construed to preclude the Director from permitting,
under the rules and regulations by him prescribed, any such producer,
processor, packer or dresser to make or prepare, or to cause to be made or
prepared, the labels, tags, or seals to be used upon his own product, or to
print, stamp or otherwise place or cause to be placed the Virginia Quality
Label or such label and the shield of the United States, as the case may be,
upon such products or containers thereof which have been subject to con-
tinuous State or Federal-State inspection; provided that in any case such
labels, tags, seals, stamps or other devices shall be of such design as the
Director, with the approval of the Commissioner, may from time to time
determine.

§ 3.1-855. Dissemination of information.—The Director is further
authorized, in cooperation with the Virginia Extension Division, the De-
partment of Education, the United States Department of Agriculture or
otherwise, to make use of any available and appropriate means to dissemi-
nate information concerning the Virginia Quality Label and such label with
the shield of the United States and the products which may lawfully bear
them, and to popularize the use thereof.

§ 3.1-356. Appropriation of moneys derived from labels, tags, etc.—
All moneys derived from the furnishing of such labels, tags, and seals, or
from permitting the use in any other manner of the Virginia Quality Label
or such label with the shield of the United States shall be paid into the State
treasury, and are hereby appropriated to the Department of Agriculture
and Immigration to be expended through the Division of Markets to defray
the cost of preparing and furnishing such labels, tags and seals and the
cost of such dissemination and popularization.

§ 3.1-857. Penalties for misuse or unauthorized use of Virginia
Quality Label.—Any person who shall use the Virginia Quality Label or
such label with the shield of the United States in violation of any provi-
sions of this article, or who shall, with the intent to mislead or deceive, use
any imitation or counterfeit likeness thereof on the label, tag, seal, con-
tainer, sign or otherwise of any product of any kind or description which is
sold or offered for sale, or who shall use the Virginia Quality Label or such
label with the shield of the United States, or, with like intent to mislead
or deceive, use any imitation or counterfeit likeness thereof upon or in
connection with any offer to sell or advertisement for sale, or use of any
product of any kind or description which does not in fact lawfully bear the
Virginia Quality Label or such label with the shield of the United States,
shall be guilty of a misdemeanor and upon conviction thereof shall be fined
not less than ten dollars nor more than five hundred dollars; provided,
however, that nothing herein shall affect the right of any corporation
incorporated under the laws of this State, which has for eighteen years or
more prior to June twenty-ninth, nineteen hundred forty-eight, been using
an outline map of Virginia, of its own design, for branding packages or
containers for agricultural or horticultural products bought and sold by it,
from hereafter continuing to use such outline map for such purpose.

§ 3.1-358. Jurisdiction to enjoin unlawful use of Label.—Any court
of record having general chancery jurisdiction in this State shall have
jurisdiction to enjoin the use of the Virginia Quality Label or of such
label with the shield of the United States or any imitation or counterfeit
likeness thereof used in violation of this article.

§ 3.1-359. Institution of prosecutions and injunction proceedings.—
The Director, with the approval of the Commissioner, may cause prosecu-
tions for violations of this article, as well as the injunction proceedings
provided for in the preceding section, to be instituted through the respec-
tive attorneys for the Commonwealth of the several counties and cities, or
otherwise in his discretion.

§ 3.1-360. Certificate as evidence.—Every certificate duly issued
under this article, duly issued in cooperation between federal and State
authorities, agencies or organizations under the authority of a federal
statute and this article, under a similar act of the legislature of any other
state and every duly certified copy thereof, and every certificate duly issued
under the authority of a federal statute, and every duly certified copy
thereof, relating to the analysis, grade, classification, quality, or condition
of agricultural products, either raw or processed, shall be received in any
court of this State as prima facie evidence of the truth of the statements
contained therein.

CHAPTER

20
FOOD AND DRINK GENERALLY

Article 1
In General

§ 8.1-861. Powers and duties of former Dairy and Food Commis-
sioner.—All the powers conferred and all the duties imposed by law upon
the former Dairy and Food Commissioner and the Deputy Dairy and Food
Commissioner shall be vested in and shall be exercised or performed by
the Commissioner of Agriculture and Immigration, without additional
compensation, under the direction of the Board of Agriculture and Im-
migration.

§ 3.1-362. Issue of bulletins and quarterly reports—The Commis-
sioner shall prepare, print and distribute to all papers of the State, and to
such persons as may be interested or may apply therefor, a quarterly
bulletin in suitable paper covers, containing results of inspections, the
results of analyses made by the State Chemist, with the popular explana-
tion of the same, and such other information as may come to him in his
official capacity relating to the adulteration of food and drink products
and of dairy products, so far as he may deem the same of benefit and
advantage to the public. He shall also publish a brief summary of all the
work done during the quarter by the Commissioner and his assistants in
the enforcement of the laws of the State, but not more than ten thousand
copies of such quarterly bulletin shall be printed.

§ 3.1-363. Chemical work incident to execution.—The chemical work
incident to the execution of the dairy and pure food laws shall be done in
the chemical laboratory of the Department of Agriculture and Immigra-

on.

§ 3.1-864. Standards of variability permissible to any article of
food.—The Commissioner with the approval of the Board shall from time
to time, fix and publish standards or limits of variability permissible in any
article of food, and these standards when so published shall be the stand-
ards before all courts. When standards have been or may be fixed by the
Secretary of Agriculture of the United States, they shall be accepted by
the Department of Agriculture and Immigration and published as standards
for Virginia, but such standards shall not go into effect until a reasonable
time after publication. The Commissioner, with the approval of the Board
shall have authority to make uniform rules and regulations for carrying
out the provisions of this section.

Article 2
Sanitary Requirements In General
§ 3.1-365. Meaning of term “food.”—The term “food” as used herein
shall include all articles used for food, drink, confectionery or condiment,
1276 ACTS OF ASSEMBLY [vA., 1966

whether simple, mixed or compound, and all substances or ingredients
used in the preparation thereof.

§ 3.1-366. Lights, drains, plumbing, ventilation and general purity
and wholesomeness.—Every building, room, basement or cellar occupied
or used as a bakery, confectionery, cannery, packing house, slaughter
house, dairy, creamery, cheese factory, restaurant, hotel, grocery, meat
market or other place or apartment used for the preparation for sale,
manufacture, packing, storage, sale or distribution of any food or food
products shall be properly lighted, drained, plumbed and ventilated, and
conducted with due regard for the purity and wholesomeness of the food
therein produced, and with strict regard to the influence of such condi-
tions upon the health of the operatives, employees, clerks or other persons
therein employed.

§ 3.1-367. Floors, walls, ceilings, furniture, implements and machin-
ery.—The floors, side walls, ceilings, furniture, receptacles, implements
and machinery of every establishment where food is manufactured,
packed, stored, sold or distributed, shall at all times be kept in a clean,
healthful and sanitary condition.

§ 3.1-368. Protection from flies, dust and dirt—Food in the process
of manufacture, preparation, packing, storing, sale or distribution, must be
securely protected from flies, dust, dirt and as far as may be necessary,
from all other foreign or injurious contamination. The provisions of this
regulation shall also apply to the following fruits: Grapes, raisins, cur-
rants, figs, prunes, dates, berries, cherries and plums.

3.1-369. Matter subject to decomposition and fermentation.—All
refuse, dirt and the waste products subject to decomposition and fermen-
tation incident to the manufacture, preparation, packing, storing, selling
and distributing of food, must be removed from the premises daily.

§ 8.1-370. Daily cleaning of instruments and machinery.—All
trucks, trays, boxes, baskets, buckets, and other receptacles, chutes, plat-
forms, racks, tables, shelves and all knives, saws, cleavers and other uten-
sils and machinery used in moving, handling, cutting, chopping, mixing,
canning and all other process, must be thoroughly cleaned daily.

§ 3.1-371. Clothing of employees.—The clothing of operatives, em-
ployees, clerks, or other persons must be clean.

§ 3.1-372. Plastering and painting side walls and ceilings.—The side
walls and ceilings of every bakery, confectionery, creamery, cheese fac-
tory, hotel and restaurant kitchen, shall be well plastered, wainscoted, or
ceiled, preferably with metal or lumber, and shall be kept oil-painted or
well limewashed.

§ 3.1-373. Washing interior woodwork.—All interior woodwork in
every bakery, confectionery, creamery, cheese factory, hotel and restaurant
kitchen shall be kept washed and clean with soap and water.

§ 8.1-374. Floors.—Every building, room, basement or cellar occt-
pied or used for the preparation, manufacture, packing, storage, sale or
distribution of food, shall have an impermeable floor made of cement or
tile, laid in cement, brick, wood or other suitable nonabsorbant material
which can be flushed and washed clean with water.

§ 3.1-375. Sleeping arrangements.—The sleeping place or places for
persons employed in such establishments shall be separate and apart from
the room in which food products are manufactured or stored, and no person
shall sleep in any place where flour, meal or the manufactured products
thereof are manufactured or stored.

§ 3.1-376. Domestic animals—No domestic animals, except cats,
shall be permitted to remain in any room used for the manufacture oF
storage of food products.

§ 3.1-377. Employees with contagious or infectious disease ——No em-
ployer shall knowingly permit, require or suffer any person to work in 4

gle
bakery, confectionery, cheese factory, dairy, creamery, hotel or restaurant
kitchen, who is afflicted with any contagious or infectious disease, or with
any skin disease.

§ 3.1-378. Spitting.—Cuspidors shall be provided by the owner or
operator of each workroom of every bakery, confectionery, or other food-
producing establishment, and no employee or other person shall expec-
torate on the floors or side walls of any such bakery, confectionery, cream-
ery, or other food-producing establishment. Plain notice forbidding such
expectoration shall be posted in every such place.

§ 3.1-379. Smoking—Smoking in workrooms of food-producing es-
tablishments is prohibited.

§ 3.1-380. Washrooms and toilets—Every place in which human
foods are manufactured, prepared, exposed or offered for sale shall be
provided with a convenient washroom and toilet of sanitary construction,
but such toilet shall be entirely separate and apart from any room used for
the manufacture or storage of food products.

§ 3.1-381. Penalty for violation of preceding sections.—Any person,
firm, corporation or association violating any of the provisions of the pre-
ceding sections of this article shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punished by a fine of not less than twenty-five
nor more than three hundred dollars.

§ 3.1-382. Sterilization of bottles and containers.—All bottles, jugs,
cans, barrels and containers used in the packing, bottling, storage, distribu-
tion and sale of nonalcoholic beverage and drink products must be sterilized
before using by one of the following methods:

(a) By sterilization with boiling water or live steam;

(b) By soaking in a hot caustic solution that shall contain not less
than three per centum alkali, of which not less than sixty per centum is
caustic, or its equivalent in cleansing or germicidal effectiveness as such
solutions are commonly used in the soaker-type washing and sterilizing
equipment.

If during any period when the General Assembly is not in session other
equally efficient methods of sterilization shall be developed, the Commis-
sioner is authorized to approve any such other efficient methods of sterili-
zation.

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

§ 3.1-388. Food forbidden to be sold; seizure; prosecution and pun-
ishment; inspection.—It shall be unlawful for any person, firm or corpora-
tion to sell or to offer or expose for sale for human food any article which
has been prepared, handled or kept where the sanitary conditions are such
that the article is rendered unhealthy, unwholesome, deleterious, or other-
wise unfit for human food, or which consists in whole or in part of
diseased, filthy, decomposed or putrid animal or vegetable matter.

The Commissioner, his agents or assistants, and all peace and health
officers shall have the power and are required to seize any and all articles
which are offered or exposed for sale for human food, which have been
prepared, handled or kept where the sanitary conditions are such that
the article is rendered unhealthy, unwholesome, deleterious or otherwise
unfit for human food, or which consist in whole or in part of diseased,
filthy, decomposed or putrid animal or vegetable matter; and shal) deliver
the same forthwith to and before the nearest justice of the peace, or
other officer authorized to issue such warrants, together with all informa-
tion obtained, and the justice or other officer shall, upon sworn complaint
being filed, issue a warrant, for the arrest of any person charged in any
such complaint with a violation of the provisions of this section, returnable
before the trial justice of the city or county, who shall proceed to try
the case, Any person, firm or corporation who shall violate any of the pro-
visions of this section, shall be guilty of a misdemeanor and, upon convic-
tion, shall be fined not less than ten nor more than one hundred dollars,
and the article or articles of food in question shall be destroyed.

The Commissioner, his agents or assistants, and all peace and health
officers in the execution of the provisions of this section, shall have full
right to enter and inspect all places in which any articles of human food
are stored, offered or exposed for sale; and any person, firm or corporation
who shall hinder or obstruct any of the officers in the discharge of the
authority or duty imposed by the provisions of this section shall be guilty
of a violation of the same.

§ 3.1-384. Selling unsound provisions, how punished.—If any person
knowingly sell any diseased, corrupted, or unwholesome food, whether
meat or drink, intended for human consumption, without making the
same known to the buyer, he shall be fined not exceeding one hundred
dollars or confined in jail not exceeding six months, or both. The meat of
any animal which has developed the disease of actinomycosis or lumpy
jaw shall be deemed diseased, corrupted, and unwholesome and within the
provisions of this section.

§ 3.1-885. Transportation under insanitary conditions.—It shall be
unlawful for any person, firm or corporation, or for any transportation
company, express company, railroad company or steamboat company or
any common carrier to permit insanitary conditions to exist in the trans-
portation or storage of an article of food, whereby such article of food may
become contaminated from being so transported or stored in insanitary
surroundings.

_. Any person, firm or corporation who shall violate any of the pro-
visions of this section shall be guilty of a misdemeanor, and upon convic-
tion shall be punished by a fine of not less than five dollars nor more
than one hundred dollars, and costs of prosecution, or by imprisonment in
the county or city jail not to exceed ninety days, or until such fine and
— are paid, or by both fine and imprisonment at the discretion of the
C0 ,

The Commissioner is charged with the enforcement of this section,
and he and his assistants or agents shall have full right to enter and
inspect all stores, warehouses, freight or express cars, steamboats or steam-
ships, trucks, dray wagons, and any and all means or places of trans-
portation or storage of articles of food; and any person, firm or corpora-
tion who shall hinder or obstruct the Commissioner, his assistants or agents
in the discharge of the authority or duty imposed upon him or them by the
provisions of this section, shall be guilty of a violation of the same.

Whenever any article of food is transported or stored under insani-
tary conditions, the proceedings for the enforcement of the penalties and
punishments fixed for violations of this section may be instituted and
maintained in any county or city through which or in which such article of
food has been or is so transported or stored under insanitary conditions
as aforesaid.

Article 3

Adulteration, Misbranding and False
Advertising in General

§ 3.1-386. Title—This article may be known, designated and cited
as the Virginia Food Act.

§ 3.1-387. Definitions—For the purpose of this article:

(1) The term “Commissioner” means the Commissioner of Agricul-
ture and Immigration. The term “Board” means the Board of Agriculture
and Immigration.

_ (2) The term “person” includes an individual, partnership, corpora-
tion and association.

3) The term “food” means (1) articles used for food or drink for
man or other animals, (2) chewing gum, and (3) articles used for com-
ponents of any such article.

(4) The term “label” means a display of written, printed or graphic
matter upon the immediate container of any article; and a requirement
made by or under authority of this article that any word, statement, or
other information appear on the label shall not be considered to be com-
plied with unless such word, statement, or other information also appears
on the outside container or wrapper, if any there be, of the retail package
of such article, or is easily legible through the outside container or wrapper.

(5) The term “immediate container’ does not include package liners.

(6) The term “labeling” means all labels and other written, printed,
or graphic matter (1) upon an article or any of its containers or wrappers,
or (2) accompanying such article.

(7) If an article is alleged to be misbranded because the label is
misleading, or if an advertisement is alleged to be false because it is
misleading, then in determining whether the labeling or advertisement
is misleading, there shall be taken into account, among other things, not
only representations made or suggested by statement, word design, device,
sound, or in any combination thereof, but also the extent to which the
labeling or advertisement fails to reveal facts material in the light of such
representations or material with respect to consequences which may result
from the use of the article to which the labeling or advertisement re-
lates under the conditions of use prescribed in the labeling or advertise-
ment thereof or under such conditions of use as are customary or usual.

(8) The term “advertisement” means all representations dissemi-
nated in any manner or by any means, other than by labeling, for the
purpose of inducing, or which are likely to induce, directly or indirectly,
the purchase of food.

(9) The term “contaminated with filth” applies to any food not se-
curely protected from dust, dirt, and as far as may be necessary by all
reasonable means, from all foreign or injurious contaminations.

(10) The provisions of this article regarding the selling of food shall
be considered to include the manufacture, production, processing, packing,
exposure, offer, possession, and holding of any such article for sale; the sale
of any such article; and the supplying of any such articles in the conduct
of any food establishment.

(11) The term ‘Federal Act’ means the Federal Food, Drug and Cos-
metic Act. (Title 21 U.S.C. 301 et seq. ; 52 Stat. 1040 et seq.).

(12) For the purposes of this article, “butter” shall be understood
to mean the food product generally known as “butter,” which is made
exclusively from milk or cream, or both, with or without common salt, and
with or without coloring matter, and containing not less than eighty per
centum by weight of milk fat, all tolerances having been allowed for.

§ 3.1-3888. Prohibited acts——The following acts and the causing
thereof within the State are hereby prohibited:

(a) The manufacture, sale, or delivery, holding or offering for sale
of any food that is adulterated or misbranded.

(b) The adulteration or misbranding of any food.

(c) The receipt in commerce of any food that is adulterated or mis-
branded, and the delivery or proffered delivery thereof for pay or other-

(d) The dissemination of any false advertisement.

(e) The refusal to permit entry or inspection, or to permit the taking
of a sample, as authorized by § 3.1-399.

(f) The giving of a guaranty or undertaking concerning a food, which
guaranty or undertaking is false, except by a person who relied on a
guaranty or undertaking to the same effect signed by, and containing
the name and address of the person residing, or having a place of business,
or an agent or representative on whom process may be served, in the
State, from or through whom he received the food in good faith. |

(zg) The alteration, mutilation, destruction, obliteration, or removal
of the whole or any part of the labeling of, or the doing of any other act
with respect to, a food, if such act is done while such article is held for
sale and results in such article being misbranded.

(h) Forging, counterfeiting, simulating, or falsely representing, or
without proper authority using any mark, stamp, tag, label or other iden-
tification device authorized or required by regulations promulgated under
the provisions of this article.

§ 8.1-389. Injunctions to prevent violations; exceptions as to certain
publications.—In addition to the remedies hereinafter provided the Com-
missioner is authorized to apply to any court of record having general
chancery jurisdiction in this State for, and such court shall have jurisdic-
tion upon hearing and for cause shown to grant, a temporary or per-
manent injunction restraining any person from violating any provision of
§ 3.1-388, irrespective of whether or not there exists an adequate remedy
at law. But whenever it appears to the satisfaction of the court in the
case of a newspaper, magazine, periodical, or other publication, published
at regular intervals, (1) that restraining the dissemination of a false
advertisement in any particular issue of such publication would delay
the delivery of such issue after the regular time therefor, and (2) that
such delay would be due to the method by which the manufacture and
distribution of such publication is customarily conducted by the publisher
in accordance with sound business practice, and not to any method or
device adopted for the evasion of this section or to prevent or delay the
issuance of an injunction or restraining order with respect to such false
advertisement or any other advertisement, the court shall exclude such is-
sue from the operation of the restraining order of injunction.

§ 3.1-390. Penalties; exceptions as to certain persons.—(a) Any
person who violates any of the provisions of § 3.1-388 shall be guilty of
a misdemeanor and shall on conviction thereof be punished in the manner
provided by law for the punishment of misdemeanors. Provided, however,
that no wholesale or retail merchant who purchases food or drink in a
closed container from a reputable manufacturer shall be found guilty
os asa section unless such person knowingly violated the provisions of
| (b) No person shall be subject to the penalties of subsection (a) of
this section, for having violated subsections (a) or (c) of § 3.1-388 if he
establishes a guaranty or undertaking signed by, and containing the name
and address of, the person residing, or having a place of business, or an
agent or representative on whom process may be served, in the State,
from or through whom he received in good faith any food, to the effect
that such food is not adulterated or misbranded within the meaning of
this article, designating this article. — ,

(c) No publisher, radio-broadcast licensee, or agency or medium
for the dissemination of an advertisement, except the manufacturer,
packer, distributor, or seller of the article to which a false advertisement
relates, shall be liable under this section by reason of the dissemination
by him of such false advertisement, unless he has refused, on the request
of the Commissioner to furnish the name and post office address of the
manufacturer, packer, distributor, seller or advertising agency, residing
in the State who caused him to disseminate such advertisement.

§ 3.1-391. Condemnation of unsafe food by Commissioner.—When-
ever the Commissioner acting through any of his authorized agents shall
find in any room, building, vehicle of transportation or other structure,
any meat, seafood, poultry, vegetable, fruit or other perishable articles of
food, which are unsound, or contain any filthy, decomposed or putrid
substance, or that may be poisonous or deleterious to health or otherwise
unsafe, the same being hereby declared to be a nuisance, the Commis-
sioner acting through any of his authorized agents, shall forthwith con-
demn or destroy the same, or in any other manner render the same un-
salable as human food.

§ 3.1-392. Duty of Commonwealth’s attorney when violation re-
ported; notice before such report.—It shall be the duty of each Common-
wealth’s attorney, to whom the Commissioner reports any violation of this
article, to cause appropriate proceedings to be instituted in the proper
courts without delay and to be prosecuted in the manner required by law.
Before any violation of this article is reported to any such attorney for
the institution of a criminal proceeding, the person against whom such
proceeding is contemplated shall be given appropriate notice and an oppor-
tunity to present his views before the Commissioner or his designated
agent, either orally or in writing, in person or by attorney, with regard
to such contemplated proceeding.

§ 3.1-893. Notice or warning as to minor violation.—Nothing in this
article shall be construed as requiring the Commissioner to report for the
institution of proceedings under this article, minor violations of this ar-
ticle, whenever he believes that the public interest will be adequately
served in the circumstances by a suitable written notice of warning.

§ 3.1-394. Commissioner authorized to make regulations as to food
definition and standard of identity, standard of quality, fill of container
and tolerances.—Whenever in the judgment of the Commissioner such ac-
tion will promote honesty and fair dealing in the interest of consumers,
the Board shall promulgate regulations fixing and establishing for any food
or class of food a reasonable definition and standard of identity, reason-
able standard of quality, fill of container, or tolerances or limits of varia-
bility. In prescribing a definition and standard of identity for any food
or class of food in which optional ingredients are permitted, the Board
shall, for the purpose of promoting honesty and fair dealing in the interest
of the consumers, designate the optional ingredients which shall be named
on the label. The definitions and standards so promulgated may conform
so far as practicable to the definitions and standards promulgated by the
Secretary of the United States Department of Agriculture under authority
conferred by section four hundred and one of the federal act.

§ 3.1-395. When food deemed adulterated.—A food shall be deemed
to be adulterated:

(a) (1) If it bears or contains any poisonous or deleterious substance
which may render it injurious to health; but in case the substance is not an
added substance such food shall not be considered adulterated under this
clause if the quantity of such substance in such food does not ordinarily
render it injurious to health; or (2) if it bears or contains any added
poisonous or added deleterious substance which is unsafe within the mean-
ing of § 3.1-397; (3) if it consists in whole or in part of a diseased,
contaminated, filthy, putrid or decomposed substance, or if it is otherwise
unfit for food; (4) if it has been produced, prepared, packed or held
under insanitary conditions whereby it may have become contaminated
with filth, or whereby it may have been rendered diseased, unwhole-
some or injurious to health; (5) if it is the product of a diseased animal
or an animal which has died otherwise than by slaughter, or that has
been fed upon the uncooked offal from a slaughterhouse; or (6) if its
container is composed in whole or in part, of any poisonous or deleterious
substance which may render the contents injurious to health.

_(b) (1) If any valuable constituent has been in whole or in part
omitted or abstracted therefrom; (2) if any substance has been substi-
tuted wholly or in a part therefor; (3) if damage or inferiority has been
concealed in any manner; or (4) if any substance has been added thereto
or mixed or packed therewith so as to increase its bulk or weight, or re-
duce its quality or strength or make it appear better or of greater value
than it is. ,

(c) If it is confectionery and it bears or contains any alcohol or non-
nutritive article or substance except harmless coloring, harmless flavoring,
harmless resinous glaze not in excess of four-tenths of one per centum,
harmless natural gum, and pectin; provided, that this paragraph shall
not apply to any confectionery by reason of its containing less than one-
half of one per centum by volume of alcohol derived solely from the use
of flavoring extracts, or to any chewing gum by reason of its containing

less nonnutritive masticatory substances.

(d) If it bears or contains a coal tar color other than one from a
batch which has been certified by the United States Department of Agri-

ture.

§ 3.1-896. When food deemed misbranded.—A food shall be deemed
to be misbranded:

(a) If its labeling is false or misleading in any particular.

(b) If itis offered for sale under the name of another food.

(c) If it is an imitation of another food, unless its label bears, in
type of uniform size and prominence, the word, imitation, and immediately
thereafter, the name of the food imitated.

(d) If its container is so made, formed, or filled as to be misleading.

(e) If in package form, unless it bears a label containing (1) the
name and place of business of the manufacturer, packer, or distributor;
(2) the name of the article; (3) an accurate statement of the quantity of
the contents in terms of weight, measure, or numerical count; provided,
that under clause (3) of this paragraph reasonable variations be
permitted, and exemptions as to small packages shall be established, by
regulations prescribed by the Board.

(f) If any word, statement, or other information required by or under
authority of this article to appear on the label or labeling is not prom-
inently placed thereon with such conspicuousness (as compared with other
words, statements, designs, or devices, in the labeling) and in such terms
as to render it likely to be read and understood by the ordinary individual
under customary conditions of purchase and use.

(zg) If it purports to be or is represented as a food for which a defi-
nition and standard of identity has been prescribed by regulations as
provided by § 3.1-394 unless (1) it conforms to such definition and stand-
ard, and (2) its label bears the name of the food specified in the definition
and standard, and, in so far as may be required by such regulations, the
common names of optional ingredients, other than spices, flavoring, and
coloring, present in such food.

(h) If it purports to be or is represented as—

(1) A food for which a standard of quality has been prescribed by
regulations as provided by § 3.1-394 and its quality falls below such stand-
ard unless its label bears, in such manner and form as regulations specify,
a statement that it falls below such standards; or

(2) A food for which a standard or standards of fill of container have
been prescribed by regulations as provided by § 3.1-394, and it falls be-
low the standard of fill of container applicable thereto, unless its label
bears, in such manner and form as such regulations specify, a statement
that it falls below such standard.

(i) If it is not subject to the provisions of paragraph (g) of this
section, unless its label bears (1) the common or usual name of the food,
if any there be, and (2) in case it is fabricated from two or more in-
gredients, the common or usual name of each ingredient; except that spices,
flavorings, and colorings, other than those sold as such, may be designated
as spices, flavorings, and colorings, without naming each; provided, that
to the extent that the Commissioner believes that compliance with the
requirements of clause (2) of this paragraph is impractical or results
in deception or unfair competition, exemptions shall be established by the
Commissioner; provided further that the requirements of clause (2) of this
paragraph shall not apply to any carbonated beverages, ingredients of
which have been fully and correctly disclosed to the extent prescribed by
clause (2) to the Commissioner in an affidavit.

(j) If it purports to be or is represented for special dietary uses,
unless its label bears such information concerning its vitamin, mineral,
and other dietary properties as the Board determines to be, and by regu-
lations prescribes, as necessary in order fully to inform purchasers
as to its value for such uses.

(k) If it bears or contains any artificial flavoring, artificial coloring
or chemical preservative, unless it bears labeling stating that fact; pro-
vided that to the extent that the Commissioner believes that compliance
with the requirements of this paragraph is impracticable, exemptions
shall be established by the Commissioner; provided, that the provisions
of this paragraph and of paragraphs (g) and (i) with respect to arti-
ficial colorings shall not apply in the case of butter, cheese or ice cream.

§ 3.1-397. Food to which poisonous or deleterious substance added.—
Any poisonous or deleterious substance added to any food except where
such substance is required in the production thereof or cannot be avoided
by good manufacturing practice, shall be deemed to be unsafe for purposes
of the application of clause (2) of subsection (a) of § 3.1-395; but when
such substance is so required or cannot be so avoided, the Board shall
promulgate regulations limiting the quantity therein or thereon to such
extent as it finds necessary for the protection of public health, and any
quantity exceeding the limits so fixed shall also be deemed to be unsafe
for purposes of the application of clause (2) of subsection (a) of § 3.1-395.
While such a regulation is in effect limiting the quantity of any substance
in the case of any food, such food shall not, by reason of bearing or con-
taining any added amount of such substance, be considered to be adul-
terated within the meaning of clause (1) of subsection (a) of § 3.1-395
if such added amount is not in excess of the limits fixed by the Board as
hereinabove provided. In determining the quantity of such added substance
to be tolerated in or on different articles of food, the Board shall take
into account the extent to which the use of such substance is required or
cannot be avoided in the production of each such article , and the other
ways in which the consumer may be affected by the same or other poisonous
or deleterious substances.

§ 3.1-398. Authority to make regulations; conformity with federal
regulations; hearings.—(a) The authority to promulgate regulations for
the efficient enforcement of this article is hereby vested in the Board,
unless specially conferred on the Commissioner. The Board is hereby au-
thorized to make the regulations promulgated under this article conform,
insofar as practicable with those promulgated under the federal act.

(b) Hearings authorized or required by this article shall be conducted
by the Commissioner or such officer, agent, or employee as he may desig-
nate for the purpose.

§ 8.1-399. Commissioner to have access to factories, warehouses, es-
tablishments and other places; examination of samples.—The Commis-
sioner, acting through his duly authorized agents, shall have free access
at all reasonable hours to any factory, warehouse, or establishment in
which foods are manufactured, processed, packed, or held for introduction
into commerce, or to enter any vehicle being used to transport or hold
such foods in commerce, or any store, restaurant or other place in which
food is being offered for sale, for the purpose:

(1) Of inspecting such factory, warehouse, establishment, or vehicle
to determine if any of the provisions of this article are being violated; and

(2) Of securing samples or specimens of any food after paying or
offering to pay for such sample. It shall be the duty of the Commissioner
to make or cause to be made examinations of samples secured under the
provisions of this section to determine whether or not any provision of
this article is being violated.

§ 8.1-400. Publication of reports as to judgments, decrees and court
orders and analyses of samples.—The Commissioner shall cause to be pub-
lished from time to time reports summarizing all judgments, decrees, and
court orders which have been rendered under this article, including the
nature of the charge and the disposition thereof, and shall also publish
results of analyses of samples of foods, with the names of the manufac-
eters or sponsors, and also of the persons from whom the samples were
obtained.

§ 8.1-401. Judges to charge grand juries; Commonwealth’s attorney
to forward samples for analysis; his fees —For the purpose of a more
rigid enforcement of the law prohibiting the sale of adulterated and
misbranded foods in the State, it shall be the duty of the judge of the
circuit or the corporation court for each county and city of this State
to bring this article to the attention of the grand juries of his county
or city, and upon the finding of an indictment against the manufacturer
or vender of such adulterated or misbranded food, beverages, or condi-
ments. At any time prior thereto, the Commonwealth’s attorney may,
if he deem it proper, forward a sample of the same to the Commissioner,
to be analyzed or examined, microscopically or otherwise, by the chemists
or other experts of the Department of Agriculture, who shall render a
report thereon to the Commonwealth’s attorney, which report may be used
in evidence before such grand jury or at the trial of the person so indicted.
For each conviction hereunder, the Commonwealth’s attorney shall be en-
titled to a fee of ten dollars, which shall be paid by the city or county in
which the conviction was had upon an order from the judge of the
court, and the fee shall be paid, notwithstanding the provisions of any law
to the contrary limiting the salary or fees of Commonwealth’s attorneys.
The fee shall be taxed as a part of the costs against the defendant, and
when collected shall be paid into Pi Pia ped of the county or city.

@
Seizures, Prosecutions and Penalties and
Enforcement Generally

§ 3.1-402. Duty of Commissioner in general.—It shall be the duty of
the Commissioner to inquire carefully into the dairy and food and drink
products, and the several articles which are food or drinks, or the necessary
constituents of the food or drinks, which are manufactured or sold, or
exposed or offered for sale in this State.

§ 3.1-408. Duty of Commissioner as to procuring and having samples
analyzed.—The Commissioner may, in a lawful manner, procure samples
of the dairy and food products, which shall be duly and carefully examined
or analyzed by the State Chemist, who shall report to the Commissioner
the results of such examination or analyses.

§ 3.1-404. Duty of Commissioner to make complaints against manu-
facturers or venders.—It shall be the duty of the Commissioner to make a
complaint against the manufacturer or vender of any such food or drink or
jairy products as are adulterated, impure or unwholesome, in contraven-
‘ion of the laws of this State, and furnish all evidence thereof to obtain a
sonviction of the offense charged. The Commissioner, or any person ap-
pointed by him for that purpose, may make complaint and cause proceed-
ngs to be commenced against any person for enforcement of the laws
relative to adulteration, impure or unwholesome food or drink, and in such
-~ases he shall not be obliged to furnish security for costs.
§ 3.1-405. Right to enter and take samples—The Commissioner
shall have power, in the performance of his duties, to enter into any cream-
ery, factory, store, salesroom, drug store or laboratory, or place where he
has reason to believe food or drink is made, stored, sold or offered for sale,
and open any cask, tub, jar, bottle or package containing or supposed to
contain, any article of food or drink, and examine or cause to be examined
the contents thereof, and take therefrom samples for analysis. The person
making such inspection shall take such samples of such article or produce
in the presence of at least one witness, and he shall, in the presence of the
witness, mark or seal such sample, and shall tender at the time of taking to
the manufacturer or vender of such product, or to the person having the
custody of the same, the value thereof, and the statement in writing for the
taking of such sample.

§ 3.1-406. Notice and warning to place premises in sanitary condi-
tion.—Whenever it is determined by the Commissioner, or assistants, that
filthy or unsanitary conditions exist or are permitted to exist in the opera-
tion of any bakery, confectionery, or ice cream plant, or at any place where
any food or drink products are manufactured, stored or deposited, or sold
for any purpose whatever, the proprietor or proprietors, owner or owners
of such bakery, confectionery or ice cream plant, or any person or persons
owning or operating any plant where any food or drink products are manu-
factured, stored, deposited or sold, shall be first notified and warned by the
Commissioner, or his assistants, to place such bakery, confectionery, or ice
cream plant, or any place where any food or drink products are manufac-
tured, stored, deposited or sold, in a sanitary condition within a reason-
able length of time. After the first notice and warning of a violation has
been issued, no notice and warning of the same violation occurring within
ninety days after the first notice and warning has been given as provided
under § 3.1-407 shall be required; provided that notice and warning shall
be required as to any violation occurring more than ninety days after
notice and warning has been given as to a violation.

§ 3.1-407. Failure to obey such notice and warning a misdemeanor.—
Any person owning or operating any bakery, confectionery or ice cream
plant, or any place where any food or drink products are manufactured,
stored, deposited or sold, failing to obey such notice and warning, or per-
mitting filthy or unsanitary conditions to exist after a notice of previous
violation has been issued, provided the violation occurred within ninety
days after notice and warning has been issued, shall be guilty of a mis-

emeanor.

§ 3.1-408. Authority to seize food and dairy products.—The Com-
missioner, or any person by the Commissioner duly appointed for that pur-
pose, is authorized at all times to seize and take possession of any and all
food and dairy products, substitutes therefor, or imitation thereof kept for
sale, exposed for sale, or held in possession or under the control of any
person which in the opinion of the Commissioner, or his deputy, or such
person by him duly appointed, shall be contrary to the provisions of laws
which now exist or which may be hereafter enacted.

§ 3.1-409. Disposition of goods seized.—The person so making such
seizure, shall take from such goods as seized a sample for the purpose of
analysis and shall cause the remainder to be boxed and sealed and shall
leave the same in the possession of the person from whom they were
seized, subject to such disposition as shall hereafter be made thereof.

§ 3.1-410. Samples forwarded to State Chemist.—The person so
making such seizure shall forward the sample so taken to the Commissioner
who shall turn over the same to the State Chemist and such chemist shall
certify the results of such analysis, which certificate shall be prima facie
evidence of the fact or facts therein certified to, in any court where the
same may be offered in evidence.
§ 3.1-411. Proceeding for forfeiture before trial justice.—If upon
such analysis it shall appear that the food or dairy products are adulterated,
substituted, misbranded, or imitated within the meaning of this chapter,
the Commissioner, or his deputy, or any person by him duly authorized
may make complaint before any justice of the peace, or other officer author-
ized to issue such summons, having jurisdiction where such goods were
seized, and thereupon the justice of the peace or other officer shall issue his
summons to the person from whom such goods were seized, directing him
(oO appear before the trial justice in such jurisdiction not less than six nor
more than twelve days from the date of issuing the summons and show
cause why the goods should not be condemned and disposed of. If the person
from whom the goods were seized cannot be found, the summons shall be
served upon the person then in possession of the goods. The summons shall
oe served at least six days before the time of appearance mentioned therein.
if the person from whom the goods were seized cannot be found, and no
yne can be found in possession of the goods, and the defendant shall not
appear on the return day, then the trial justice shall proceed in the cause
in the same manner as where a writ of attachment is returned not per-
sonally served upon any of the defendants and none of the defendants shall
appear upon the return day.

§ 3.1-412. Judgment as to the goods seized.—Unless cause to the
contrary thereof is shown, or if the goods shall be found upon trial to be in
violation of any of the provisions of this chapter or other laws which now
xxist or which may be hereafter enacted, it shall be the duty of the trial
justice to render judgment that the seized property be forfeited to the
State, and that the goods be destroyed or sold by the Commissioner for any
ourpose other than to be used for food. The mode or procedure before the
rial justice shall be the same, as near as may be in civil proceedings.
Hither party may appeal to the circuit or corporation courts as appeals are
‘aken from the trial justices’ courts, but it shall not be necessary for the
sommonwealth to give any appeal bond.

§ 3.1-413. Disposition of proceeds from sale of such goods.—The pro-
eeds arising from any such sale shall be paid into the State treasury and
redited to the general fund; provided, that if the owner or party claiming
he property or goods so declared forfeited can produce and prove a written
ruaranty of purity, signed by the wholesaler, jobber, manufacturers, or
ther party residing within this State from whom the articles were pur-
*hased, then the proceeds of the sale of such articles, over and above the
costs of seizure, forfeiture and sale, shall be paid over to such owner or
laimant to reimburse him, to the extent of such surplus, for his actual loss
‘esulting from such seizure and forfeiture as shown by the invoice.

§ 3.1-414. Prosecuting attorney to assist Commissioner.—It shall
ye the duty of the prosecuting attorney when called upon by the Commis-
sioner, or by any person by him authorized as aforesaid, to render any
egal assistance in his power in proceeding under the foregoing provisions
f this article.

§ 3.1-415. General duty of Commonwealth’s attorneys; compensa-
ion.—Whenever a violation of any laws governing the manufacture and
reparation for sale, storage and sale of articles used as food or condiment
yy human beings or animals, commonly known as the “pure food’’ and
‘feeding stuffs laws,” is reported by the Commissioner to any Common-
vealth’s attorney it shall be the duty of the Commonwealth’s attorney to
whom any such violation is so reported by the Commissioner, to cause the
proceedings to be commenced and prosecuted without delay for the fines
ind penalties in such cases prescribed and upon the termination of such
yroceedings to report in detail to the Commissioner, the results of the
ame.

For every conviction in any case instituted by any Commonwealth’s
attorney upon the complaint of the Commissioner, the Commonwealth’s
attorney prosecuting any such case, after he has reported the results of
the same to the Commissioner as hereinabove provided, shall be entitled
to a fee of five dollars, which shall be taxed as a part of the costs in the
case, as costs are taxed in other criminal cases, and execution issued
therefor against the defendant; and the fee shall be paid notwithstanding
any law to the contrary limiting or prescribing the compensation and fees
of Commonwealth’s attorneys.

In any case of a sale or delivery of goods in violation of the provisions
of the pure food or feeding stuffs laws, the person, firm or corporation
making such sale or delivery, may be prosecuted either in the county or city
in which such sale or delivery originated, or in the county or city in which
the illegal goods may be found by the Commissioner, or his agents or
assistants.

§ 3.1-416. Punishment for hindering Commissioner.—Any person
who shall willfully hinder or obstruct the Commissioner, or other persons
or assistants by him duly authorized, in the exercise of the powers con-
ferred upon him by this chapter, shall be deemed guilty of a misdemeanor
and on conviction shall be punished by a fine of not less than ten dollars
nor more than one hundred dollars, or by imprisonment in the county or
city jail for not less than ten days nor more than ninety days, or both
such fine and imprisonment in the discretion of the court.

§ 3.1-417. Purchase of samples for analysis —Every person who
exposes or offers for sale or delivers to a purchaser any food, shall furnish
within business hours and upon tender and full payment of the selling
price, a sample of such food, to any person duly authorized to secure the
same, and who shall apply to such manufacturer or vendor or person
delivering such food to a purchaser for such sample in sufficient quantity
for the analysis of such article or articles in his possession. Samples may
be purchased on the open market and shall be representative samples; the
collector shall also note the name of the vendor and agent through whom
the sale was actually made, together with date of purchase, and all samples
not taken in unbroken and sealed original packages shall be sealed by the
collector in the presence of the vendor with a seal provided for the purpose.

When possible, samples shall be unbroken and sealed original pack-
ages, or taken out of unbroken and sealed original packages. Three like
samples shall be obtained where the article is in the original package, or
if not in the original package the sample obtained shall be divided into
three equal parts and each part shall be labeled with the marks, brands
or tags upon the package, carton, container, wrapper or accompanying
printed or written matter. One sample shall be delivered to the party
from whom purchased, or to the party guaranteeing such merchandise; two
samples shall be sent to the Commissioner, one of which is to be analyzed,
as provided in this article, and the other shall be held under seal by the
Commissioner.

§ 3.1-418. Punishment for failure to comply with requirements
of title—Any manufacturer, dealer or person who refuses to comply upon
demand with the requirements of Chapters 20, 21, 30, and 33 of this title
or who shall impede, obstruct, hinder or otherwise prevent or attempt to
prevent any chemist inspector or other person in the performance of
his duty in connection with such chapters, shall be guilty of a misdemeanor,
and, unless otherwise specified, upon conviction be fined not less than ten
dollars nor more than one hundred dollars, or be imprisoned not more than
one hundred days, or both, in the discretion of the court; and such fines,
less the legal costs, shall be paid into the State treasury.

§ 3.1-419. Enforcement against companies.—When construing and
enforcing the provisions of Chapters 20, 21, 30, and 33 of this title, the
act, omission or failure of any officer, agent or other individual acting
for or employed by any partnership, corporation, company, society, or
association within the scope of his employment or office, shall in every
case be also deemed the act, omission, or failure of such partnership, cor-
poration, company, society, or association, as well as that of the individual.
CHAP. 21
MILK, MILK PRODUCTS AND DAIRIES

Article 1

In General

§ 3.1-420. Duty of Commissioner to foster dairy industry.—It shall
be the duty of the Commissioner of Agriculture and Immigration to foster
and encourage the dairy industry of the State, and for that purpose
he shall investigate the general conditions of the creameries, cheese fac-
tories, condensed milk factories, skimming stations, milk stations and farm
dairies in this State, with full power to enter upon any premises for such
investigation, with the object in view of improving the quality and creating
and maintaining uniformity of the dairy products of the State; and should
it become necessary in the judgment of the Commissioner, he may cause
instruction to be given in any creamery, cheese factory, condensed milk
factory, skimming station, milk station or farm dairy, or in any locality
of this State, and in order to secure the proper feeding and care of cows,
or the practical operation of any plant producing dairy products, and in
order to procure such a uniform and standard quality of dairy products
in this State, he shall furnish a sufficient number of competent assistants,
and they shall be duly qualified to act as such assistants.

§ 3.1-421. Warning and punishment of one using or furnishing im-
pure milk.—Whenever it is determined by the Commissioner or his as-
sistants, that any person is using, selling or furnishing to any skimming
station, creamery, cheese factory, condensed milk factory, milk depot,
farm dairy, milk dealer, the retail trade or to any consumer of milk, any
impure or unwholesome milk or cream, which impurity or unwholesome-
ness is caused by the unsanitary or filthy conditions of the premises where
cows are kept or by the unsanitary or filthy care of handling of the cows,
or from the use of unclean utensils or from unwholesome food, or from
any other cause; such person shall first be notified and warned by the
Commissioner, his deputy or assistants not to use, sell or furnish such
milk or cream to such skimming station, creamery, cheese factory, con-
densed milk factory, milk depot, farm dairy, milk dealers, the retail
trade or to any consumer of milk, and any person failing to obey such notice
and warning and continuing to use, sell or furnish to any skimming station,
creamery, cheese factory, condensed milk factory, farm dairy, milk dealer
or to the retail trade such impure or unwholesome milk or cream, shall
be guilty of a misdemeanor, and, upon conviction thereof shall be punished
by a fine of not less than ten dollars nor more than fifty dollars and costs
of prosecution, or imprisonment in the county or city jail not to exceed
ninety days, or until such fine and costs are paid, or both fine and im-
prisonment at the discretion of the court.

§ 3.1-422. Warning and punishment in regard to unsanitary con-
ditions of any skimming station, etc_—Whenever it is determined by the
Commissioner, his deputy or assistants, that unsanitary conditions exist,
or are permitted to exist, in the operation of any skimming station,
creamery, cheese factory, condensed milk factory, milk depot, or farm
dairy, the proprietor or proprietors or manager of the skimming station,
creamery, cheese factory, condensed milk factory, milk depot, or farm
dairy, shall be first notified and warned by the Commissioner, his deputy
or assistants, to place such skimming station in a sanitary condition within
a reasonable length of time; and any person or persons, owning or operat-
ing such skimming station, creamery, cheese factory, condensed milk fac-
tory, milk depot, or farm dairy, failing to obey such notice and warnings,
shall be guilty of a misdemeanor, and upon conviction thereof, shall be pun-
ished by a fine of not less than twenty-five dollars nor more than three
hundred dollars, and cost of prosecution, or imprisonment in jail not to
exceed ninety days, or until such fine and costs are paid, or both fine and
imprisonment at the discretion of the court.

§ 3.1-423. Penalty for adulterating milk.—Whoever shall know-
ingly sell, supply, or bring to be manufactured, to any cheese or butter
manufactory in this State, any milk, diluted with water, or in any way
adulterated, or milk from which any cream has been taken, or milk com-
monly known as skimmed milk; or whoever shall keep back any part of
the milk known as strippings, or knowingly bring or supply to any cheese
manufactory milk that is tainted or partly sour, from want of proper
care in keeping clean any vessel in which the milk is kept, after being
notified of such taint or carelessness; or any cheese manufacturer who
shall knowingly use, or direct any of his employees to use, for his or their
individual benefit, any cream from the milk brought to the cheese manu-
facturer, without the consent of all the owners thereof, shall, for each
offense, forfeit not less than twenty-five nor more than one hundred dollars,
to be recovered by any person upon whom such fraud is committed.

§ 3.1-424. Cans and other receptacles used as containers of milk,
cream and ice cream must be clean.—No person, company, or corporation
shall furnish or provide any can or other receptacle used for the purpose of
transporting milk, cream or ice cream intended for human consumption or
for manufacture into a product for human consumption, nor shall any
person, company or corporation use any cans or other receptacles for the
purpose of transporting milk, cream or ice cream intended for human con-
sumption or for the manufacture into a product for human consumption,
unless such can or other receptacle and the cover or stopple thereto be
thoroughly cleansed and sterilized by the use of hot water or steam, or both
hot water and steam, before such can or other receptacle is delivered to the
person who is to fill same, or before such can or other receptacle is used
for the purpose of transporting milk, cream or ice cream, as above set out.

Every person, company or corporation who receives milk, cream or ice
cream, which is delivered in cans, bottles or other receptacles shall thor-
oughly cleanse and sterilize such receptacle with hot water or steam, or both
hot water and steam, as soon as practicable after the contents are re-
moved, and before such receptacles are returned to the shippers or persons
from whom the same were received; provided, that when milk, cream
and ice cream is delivered in bottles and cans to school cafeterias, con-
fectioneries and similar eating places which are not adequately provided
with boiling water or live steam for the purpose of sterilization, in lieu
of sterilization by the use of boiling water or live steam such bottles,
cans, et cetera, may be cleansed with clean warm water and rinsed in a
chlorine solution of one hundred parts per million of available chlorine.

Any person who is convicted for violating any of the provisions of this
section shall be fined the sum of five dollars for each bottle, can or other
receptacle furnished or used which has not been cleansed and sterilized as
herein provided.

Article 2

Milk Commission
§ 3.1-425. Definitions—As used in this article, unless otherwise
stated and unless the context or subject matter clearly indicates other-

“Person” means any person, firm, corporation or association.
“Commission” means the Milk Commission continued by this article.
_“Distributor’ means any of the following persons engaged in the
business of distributing, marketing, or in any manner handling fluid milk,
in whole or in part, in fluid form for consumption in this State:
I. Persons, irrespective of whether any such person isa producer: _

(a) who pasteurize or bottle milk or process milk into fluid milk;

(b) who sell or market fluid milk at wholesale or retail, (1) to hotels,
restaurants, stores or other establishments for consumption on the prem-
ises, (2) to stores or other establishments for resale, or (3) to consumers ;

(c) who operate stores or other establishments for the sale of fluid
milk at retail for consumption off the premises.

II. Persons wherever located or operating, whether within or without
the State, who purchase, market or handle milk for resale as fluid milk
in the State.

“Producer” means any person, irrespective of whether any such person
is also a distributor, who produces milk for sale as fluid milk in the State.

“Producer-distributor” means a distributor who handles only milk
produced by himself.

“Consumer” means any person, other than a milk distributor who
purchases milk for human consumption.

“Market” means any city, town or village of the State, or two or
more cities or towns or villages and surrounding territory designated
by the Commission as a natural marketing area.

“Licensee” means a licensed milk distributor.

“Milk” means the clean lacteal secretion obtained by the complete
milking of one or more healthy cows properly fed, housed and kept; in-
cluding milk that is cocled, pasteurized, standardized or otherwise proc-
essed with a view of selling it as fluid milk, cream, buttermilk (either
cultured or natural buttermilk, and including cultured whole milk in its
several trade forms) and skimmed milk; the term excludes the lacteal
secretion of one or more dairy animals where lacteal secretion is sold or
intended to be sold for any other purpose.

“Subsidiary” means any person of, or over whom or which a dis-
tributor or an affiliate of a distributor has, or several distributors col-
lectively have, either directly or indirectly, actual or legal control, whether
by stock ownership or in any other manner.

“Affiliate” means any person or subsidiary thereof, who has, either
directly or indirectly, actual or legal control, over a distributor, whether
by stock ownership or in any other manner.

“Board” means the local agency authorized by this article to adminis-
ter the operation of the article in each market area operating under the
provisions of this act, to be known as the “milk board” of the particular
market area in which it functions.

“Books and records” mean books, records, accounts, contracts, mem-
oranda, documents, papers, correspondence, or other data, pertaining to the
business of the person in question.

“Health authorities” include the State Board of Health, the Virginia
Dairy and Food Division of the State Department of Agriculture and Im-
migration, and the local health authorities.

“Sanitary regulations” include all laws and ordinances relating to the
production, handling, transportation, distribution and sale of milk and,
so far as applicable thereto, the State sanitary code and lawful regula-
tions adopted by the dairy and food divisions, or by the board of health
of any county or municipality.

§ 3.1-426. Composition and terms of members.—There is hereby con-
tinued the Milk Commission, consisting of three members, one of whom
shall be a producer of milk who is not directly or indirectly engaged in
the distribution thereof; of the remaining two members, one shall be a
representative of consumers and one shall be an economist but neither of
such two latter members shall have any connection financially or other-
wise with the production or distribution of milk or products derived
therefrom ; all members shall be appointed by the Governor to hold office
at the pleasure of the Governor and may be removed at any time by the
Governor. Any vacancies occurring shall be filled by appointment by the
Governor. One member of the Commission shall act as chairman, as
designated by the Governor. The technical and other services for such
Commission shall be performed, so far as practicable, by forces and of-
ficers in the Department of Agriculture and Immigration, the Virginia
Agricultural Extension Division of the Virginia Agricultural Experiment
Station, without additional compensation. The Commission may appoint
an executive officer, a secretary and any such additional technical and
other assistants and employees as may be necessary to carry out the pro-
visions of this article, and prescribe their powers and duties.

8 3.1-427. Compensation.—The members of the Milk Commission
shall be paid each the sum of twenty dollars per day for each day actually
spent in the performance of their official duties, plus their actual and
necessary expenses.

The compensation of the executive officer, the secretary and other
employees of the Milk Commission shall be such as may be provided in
accordance with law for the purpose.

§ 8.1-428. Offices.—The principal offices of the Commission shall be
in the city of Richmond, in rooms assigned by the Director of the Budget.

§ 8.1-429. Quorum.—Two members of the Commission shall con-
stitute a quorum.

§ 8.1-430. Powers in general—The Commission is declared to be
an instrumentality of the Commonwealth, vested with the power:

(a) Cooperation with other authorities——To confer and cooperate
with the legally constituted authorities of other states and of the United
States, with a view of securing a uniformity of milk control, with respect
to milk coming into the State and going out of the State in interstate
commerce, with a view of accomplishing the purposes of this article and
to enter into a compact or compacts for such uniform system of milk
control.

(b) Investigations.—To investigate all matters pertaining to the pro-
duction, processing, storage, transportation, distribution and sale of milk
in the State.

(c) Supervision and control.—To supervise, regulate, and control the
production, transportation, processing, storage, distribution, delivery and
sale of milk for consumption within the State.

(d) Acting as mediator.—To act as mediator or arbiter in any con-

troversial issue that may arise among or between milk producers and
distributors, as between themselves, or that may arise between them as
groups.
(e) Examination of accounts; subpoenas.—To examine into the busi-
ness, books, and accounts of any milk producer, association or producers,
or milk distributors, their affiliates or subsidiaries; to issue subpoenas
to milk producers, associations of producers, and milk distributors, and
to require them to produce their records, books and accounts; to subpoena
any other person from whom information is desired.

Depositions and administration of oaths.—To take depositions
of witnesses within, or without, the State. Any member of the Com-
mission, or any employee designated by the Commission, may administer
oaths to witnesses and sign and issue subpoenas.

(g) Rules, regulations and orders.—To make, adopt and enforce all
rules, regulations or orders necessary to carry out the purposes of this
article. Every rule or order of the Commission shall be posted for inspec-
tion in the main office of the Commission, and a certified copy filed in the
office of the Commissioner of Agriculture. An order, applying only to a
person or persons named therein, shall be served on the person or persons
affected. An order, herein required to be served, shall be served per-
sonal delivery of a certified copy, or by mailing a certified copy in a sealed
envelope, with postage prepaid, to each person affected thereby; or, in the
case of a corporation, to any officer or agent of the corporation upon
whom legal process may be served. The posting in the main office of the
Commission of any rule and of any order, not herein required to be
served, and such filing in the office of the Commissioner of Agriculture,
shall constitute due and sufficient notice to all persons affected by such
rule or order.

§ 8.1-431. Grant of specific power not to impair general.—The op-
eration and effect of any provision of this article conferring a general
power upon the Commission shall not be impaired or qualified by the
granting to the Commission by this article of a specific power or powers.

§ 3.1-482. Public hearing before exercise of power in market.—
The Commission shall not exercise its powers in any market until a public
hearing has been held for such market, and the Commission determines
that it will be to the public interest that it shall so exercise its powers in
such market.

§ 8.1-483. Public hearing before withdrawal of exercise of power
in market.—The Commission may withdraw the exercise of its powers
from any market after a public hearing has been held for such market,
and the Commission determines that it will be to the public interest to
withdraw the exercise of its powers from such market.

§ 3.1-434. How such hearings called.—The Commission may on its
own motion, caJ]l the hearings required by the two preceding sections,
and shall call such hearings upon the written application of a producers’
association organized under the cooperative marketing act of Virginia,
supplying in the judgment of the Commission, a substantial proportion of
the milk consumed in such market, but if no such producers’ association
exists on such market, the Commission shall call such hearings upon
the written application of producers supplying a substantial proportion of
the milk consumed in such market; and shall call such hearings upon the
written application of distributors distributing a substantial proportion of
the milk consumed in such market.

§ 3.1-435. Place of hearing—Such hearings may be held at such
time and place and after such notice as the Commission may determine.

3.1-436. Withdrawal upon application of majority of producers
and distributors.—The Commission shall withdraw the exercise of it
powers from any market upon written application of a majority of the
producers, measured by volume of milk produced, and a majority of the
eur il measured by volume of milk distributed, in such market acting
jointly.

§ 3.1-437. Fixing prices—The Commission, after public hearing
and investigation, may fix the prices to be paid producers or associations
of producers by distributors in any market or markets, may fix the
minimum and maximum wholesale and retail prices to be charged for milk
in any market, and may also fix different prices for different grades of
milk. In determining the reasonableness of prices to be paid or charged
in any market or markets for any grade, quantity, or class of milk, the
Commission shall be guided by the cost of production and distribution,
including compliance with all sanitary regulations in force in such market
or markets, necessary operation, processing, storage and delivery charges,
the prices of other foods, and the welfare of the general public.

§ 8.1-438. Accounting system required for distributors; inspection
and audit; prohibited acts and penalties.—The State Milk Commission 18
authorized and directed to prepare and promulgate a system of accounting
and the revenue therefrom, for each grade or class of milk and the quan-
tity thereof. Such accounting system shall be so designed as to show not
only total purchases but the respective grades of milk bought as well as
total sales and the respective classes or grades of milk sold.

Upon the promulgation of any such system of accounting by the
State Milk Commission each distributor of milk and milk products under
the supervision of the Commission shall adopt and use such system of ac-
counting. The books and records of each such distributor shall be open
to inspection by the Commission or its agents during regular business
hours, and shall be audited by it at such regular intervals as shall be
prescribed by the State Milk Commission.

It shall be unlawful for any distributor to pay for milk upon any such
basis of grade or class lower than that upon which such milk is sold or
used by him. Nothing herein shall prevent the sale of a grade or class
of milk by a distributor as milk of a lower grade or class. Any such dis-
tributor violating any provision of this section or failing or refusing to use
the system of accounting herein prescribed or refusing to allow the same
to be inspected or audited shall be guilty of a misdemeanor and upon con-
viction be punished as provided by law. Each day of violation shall consti-
tute a separate offense and be punishable as such.

§ 3.1-439. Licenses required.—The Commission may require all dis-
tributors in any market designated by the Commission to be licensed by
the Commission for the purpose of carrying out the provisions of this
article. The Commission may decline to grant a license, or may suspend
or revoke a license already granted upon due notice and after a hearing.
The Commission may classify licenses, and may issue licenses to dis-
tributors to process or store or sel] milk to a particular city or village
or to a particular market or markets within the State.

§ 3.1-440. Right of entry and inspection; publication of informa-
tion.—Any member of the Commission, or employee designated for the
purpose, shall have access to, and may enter at all reasonable hours,
all places where milk is stored, bottled or manufactured into food prod-
ucts. Any member of this board, or designated employee shall have the
power to inspect books and records in any place within the State for the
purpose of ascertaining facts to enable the board to administer this ar-
ticle, and all such information shall be confidential, unless the parties con-
cerned agree to its being given out. The Commission may combine such
information for any market or markets and make it public.

§ 8.1-441. Defining areas and milksheds.—The Commission may de-
fine what shall constitute a natural market area and define and fix the
limits of the milkshed or territorial area within which milk shall be pro-
duced to supply any such market area; provided, that producers, producer-
distributors, or their successors now shipping milk to any market may
continue so to do until they voluntarily discontinue shipping to the desig-
nated milk market.

§ 3.1-442. Delegation of powers to board.—The Commission may
delegate such of the powers given it by this article as it sees fit to the
milk board in any particular market area, for the purpose of carrying out
the provisions of this article within such market area.

3.1-448. Report of licensees.—Each licensee shall, from time to
time, as required by the Commission, furnish to the Commission verified
reports containing such information as the Commission may require.

3.1-444. Unlawful buying and selling.—No distributor in a market
in which the provisions of this article are in effect shall buy milk from
producers, or others, for sale within the State, or sell or distribute
milk within the State, unless such distributor is duly licensed under the
provisions of this article. It shall be unlawful for a distributor to buy
this article. It shall be unlawful for any distributor to deal in, or handle
milk if such distributor has reason to believe it has previously been dealt
in, or handled, in violation of the terms and provisions of this article.

§ 3.1-445. How application for license made.—An application to the
Commission for a license to operate as a distributor shall be made by
mail, or otherwise, within five days after the provisions of this article
Become effective in a market, and as to any distributor thereafter beginning
business, before such distributor shall begin such business therein. The
application shall be made on blanks furnished by the Commission for the
purpose. ; os

§ 3.1-446. Licenses are in addition to those provided by existing
laws.—The licenses required by this article shall be in addition to any
other licenses required by existing laws of the State or by any munici
ordinance. og ans

§ 8.1-447. Sanitary requirements not repealed.—Nothing in this ar-
ticle shall be construed to conflict with or repeal any laws now in force
in the State relating to any board of health or sanitary code now in force
in this State in any municipality thereof, nor any municipal ordinances
relating to the inspection, grading, production, sale or distribution of milk.

§ 3.1-448. Appeals to Supreme Court of Appeals and to Circuit Court
of Richmond.—Any person aggrieved by an order of the Commission re-
fusing to issue or reissue a license, or revoking or suspending a license,
to a distributor or producer-distributor, or refusing to transfer a license
from one person to another, or any other order of the Commission applying
only to a person or persons and not otherwise specifically provided for,
may appeal therefrom to the Supreme Court of Appeals. Any person
aggrieved by an order of the Commission fixing, revising or amending the
price at or the terms upon which milk may be bought or sold, or by any
other general action, rule, regulation or order of the Commission, may,
within forty days after the effective date of such action, rule, regulation
or order, appeal therefrom to the Circuit Court of the City of Richmond.

§ 3.1-449. Special order of court allowing supersedeas.—No such
appeal shall, in either case stated in the preceding section, act as a super-
sedeas except on a special order of the court allowing a supersedeas.
An application for such supersedeas shall only be heard after reasonable
notice to the Commission, and the order allowing the same shall require of
the appellant a bond with sufficient surety in such sum as shall be fixed
by the court for the protection of all parties interested in the action or
order appealed from.

A special order of court permitting an appeal to act as a supersedeas
may be made only after reasonable notice to the Commission, and shall
provide that the appellant file a bond, with sufficient surety, in such sum
as shall be determined by the court to be necessary for the protection of
producers and others during the pendency of the appeal.

§ 3.1-450. Procedure and incidents of appeal to Circuit Court of
Richmond.—(1) The appeals to the Circuit Court of the City of Richmond
from actions of the Commission shall be by petition against the Commis-
sion as defendant, alleging therein in detail the action or order com-
plained of, the objections thereto and specifying the relief asked and upon
the filing of the petition for appeal the clerk of the court shall issue a
summons returnable within thirty days.

On or before the return date of such summons, the Commission may
file its plea, demurrer or answer to the allegations contained therein.
Upon filing of its pleadings by the Commission the cause shall be matured
for hearing in court without further pleadings, and, upon application of
— party, the cause shall be placed at the head of the docket and heard

orthwith.

(2) The Commission shall, on or before the return day of such sum-
mons, certify to and file, in the court wherein such appeal is instituted,
the record of the proceedings to which the petition refers. Such record
shall include the testimony taken therein, the findings of fact of the Com-
mission, a copy of all orders made by the Commission pertaining to the
proceedings, and a copy of the order, action or decision of the Gommis-
sion which the petition calls upon the court to review.

(3) Mere technical irregularities in the procedure of the Commission
shall not be the basis of the decision of the court. In an appeal from an
order or decision of the Commission, the case shall be heard upon the
record certified to the court by the Commission. Additional testimony
shall not be taken before the court, except to clarify the record or to
introduce evidence as to the effect of the order upon the business of
parties to the record below, or of producers standing in the same position
as producer parties of record, but the court may, in proper cases, remand
the record of the Commission for the taking of such further testimony
as was not available upon the hearing appealed from, or such other testi-
mony as the court shall provide may be taken. No part of the record,
containing verbal or documentary evidence, shall be disregarded by courts
because of technical rules of evidence.

(4) Upon the filing of the appeal in the Circuit Court of the City
of Richmond, an order may be entered on the chancery side, summoning
the Commission to appear on a day fixed therein to demur, plead or answer
to the allegations of the petition, and on the return day, the cause shall be
matured and set for hearing at the head of the docket. Upon the hearing,
the court shall determine whether the order appealed is within the dis-
cretion vested in the Commission by law, and if so, whether the Commis-
sion has exercised a reasonable discretion or the order is unreasonable
and capricious. If the Commission is found to be without authority of
law to enter the order complained of, or that it was unreasonable and ca-
pricious, the court shall enter an order declaring the order of the Com-
mission null and void. Where the appeal is from a finding of fact, the
order of the Commission shall be given the weight of a jury on a fact
found. If the court finds that the findings of fact are not sustained by the
evidence, the court may either declare such findings of fact void or re-
mand the cause to the Commission for further proceedings.

(5) The court shall have authority to assess costs upon either party,
or to apportion such costs between the parties.

3.1-451. Penalties for failure to comply with subpoenas, etc. ; com-
pelling obedience.—Any person failing or refusing to comply with any
subpoena issued by the Commission or pursuant to its authority, shall be
deemed guilty of a misdemeanor, and upon conviction, may be punished
by a fine not exceeding one hundred dollars or by imprisonment not ex-
ceeding ninety days, or both, and each day during which such violation
shall continue shall be deemed a separate offense. In the event any person
shall fail to comply with any rule, regulation or order of the Commission,
or obey any subpoena issued thereby, or in the event of the refusal of any
witness to testify to any matter concerning which he lawfully may be
interrogated by the Commission or its representative, it shall be the duty
of the Hustings Court of the City of Richmond, or judge thereof, upon ap-
plication of the Commission, to compel obedience by attachment proceed-
ings for contempt as in the case of disobedience of the requirements of a
subpoena issued from such court, refusal to testify therein, or disobedience
of an order or decree of such court. The proceedings herein authorized in
the hustings court to compel obedience shall be in addition to the pro-
visions of this section defining what shall constitute a misdemeanor and
providing and prescribing the punishment therefor.

3.1-452. Budget; assessment.—The Commission shall prepare an
annual budget and shall collect the sums of money required for this budget
from the local milk bourds in the form of monthly assessments, and the
local milk boards shall pay the assessments so levied. The assessments
so levied shall not exceed two cents per hundred pounds of milk, or
cream (converted to terms of milk) handled by distributors and two cents
per hundred pounds of milk, or cream (converted to terms of milk) sold
by producers in each market in which the provisions of this article are in
operation.

§ 3.1-453. Disposition of receipts.—All receipts from assessments
paid under this article shall be paid by the Commission to the State treas-
ury to the credit of the “Milk Commission account.”

§ 3.1-454. Establishment of local milk boards.—For the purpose of
securing the benefits of this article, in any market area, the producers
and distributors and producer-distributors in that market area shall es-
tablish a milk board of five members to carry out the provisions of this
article in conjunction with the Commission.

§ 3.1-455. How local board constituted.—On each local milk board
there shall be two representatives of the producers supplying milk to the
market, one of whom shall be named by the producers’ cooperative mar-
keting association operating in the market, except that in markets where
the producers’ cooperative marketing association handles the selling of
fifty per centum or more of the milk, the association shall have the right
to name both representatives of the producers on the milk board. There
shall be two representatives of the distributors operating in the market.
In markets where producer-distributors handle fifty per cent or more of
the milk used in the market the Commission shall determine the representa-
tion of the producers, the producer-distributors and distributors on the
milk board on a basis fair to all parties.

The Commission shall appoint the fifth member of the milk board to
represent the consumers and the public interest, who shall serve as chair-
man of the board. The representative of the consumers and the public
interest shall have no connection financially or otherwise with the produc-
tion or distribution of milk or products derived therefrom.

§ 3.1-456. Assessments for expenses of local boards; bonds of em-
ployees.—The expenses of the milk board, including salaries and the per
diem of such personnel as the board finds it necessary to employ properly
to carry out its functions under this article, and including the assessments
levied by the Commission, shall be met by an assessment of not over three
cents per hundred pounds of milk, or cream (converted to terms of milk)
handled by distributors and not over three cents per hundred pounds of
milk, or cream (converted to terms of milk) sold by producers; said as-
sessments to be the same per hundredweight on producers and distributors.
The exact amount of each monthly or semimonthly assessment shall be
determined by the milk hoard as necessary to cover its expenses. All as-
sessments shall be paid at the time the distributors pay the producers for
the milk. All officers and employees of the milk board who handle funds of
the board, or who sign or countersign checks upon such funds, shall
severally give bond in such amount and with such sureties as shall be de-
termined by the milk board. The cost of such bonds shall be paid by the
milk board and the milk board shall determine the amount and sufficiency
of such bonds.

§ 3.1-457. Duties of local boards.—The milk board shall perform such
functions as the Commission shall delegate to it.

§ 3.1-458. Injunction.—In the event of violation of any provision of
this article in addition to any other remedy, the Commission may apply
to any court of record in the city of Richmond for relief by injunction, if
necessary, to protect the public interest, without being compelled to allege
or prove that any adequate remedy at law does not exist.

§ 3.1-459. Penalties—Any person violating any provision of this ar-
ticle or of any license issued by the Commission shall be guilty of a
misdemeanor and may be prosecuted and punished therefor, and, upon
conviction, shall be punished by a fine of not less than twenty-five dol-
lars nor more than one hundred dollars, or by imprisonment in the county
jail for not less than thirty days nor more than one year, or by both fine
and imprisonment. Each day during which such violation shall continue
shall be deemed a separate violation. Prosecutions shall be instituted by
the Commonwealth’s attorney, or otherwise, in any county or city of the
State in which the provisions of this article are in effect.

§ 3.1-460. Not applicable to interstate commerce.—No provision of
this article shall apply or be construed to apply to foreign or interstate
commerce, except insofar as the same may be effective pursuant to the
United States Constitution and to the laws of the United States enacted
pursuant thereto.

§ 3.1-461. Agreements are not monopolistic or in restraint of
trade.—The making of marketing agreements between producers’ coop-
erative marketing associations and distributors and producer-distributors
under the provisions of this article shall not be deemed a combination in
restraint of trade or an illegal monopoly; or an attempt to lessen competi-
tion or fix prices arbitrarily nor shall the marketing contract or agree-
ments between the association and the distributors and producer-distribu-
tors, or any agreements authorized in this article, be considered illegal or in
restraint of trade.

§ 3.1-462. How article may be terminated.—The period during
which this article shall be effective shall be until such date as the General
Assembly may, by joint resolution, designate to be the termination thereof,
or if the General Assembly be not in session the date so designated by
a proclamation of the Governor.

Article 3
Grading, Permits and Sanitary Requirements

§ 3.1-463. 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.
Market milk may be standardized as provided for in § 3.1-521 of this

cle.

(4) “Milk fat or butterfat’” is the fat of milk.

(5) “Cream” is a portion of milk which contains not less than eigh-
teen 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 cream
which contains not less than thirty-six per cent milk fat.
(11) “Homogenized cream” is cream which has been subjected to a
process or treatment in such a manner as to insure breakup of the fat
globules to such an extent that no visible cream separation occurs after
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.

(18) “Reconstituted, or recombined, half and half” is a product re-
sulting 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 fiuid 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
the instructions printed on the container, the resulting product conforms
with the standards for milk fat and solids-not-fat of market milk as de-
fined herein.

(16) “Concentrated milk products” includes homogenized con-
centrated milk, vitamin D concentrated milk, concentrated skim milk, con-
centrated chocolate milk, concentrated chocolate drink, and similar con-
centrated products made from concentrated milk or concentrated skim
milk, as the case may be; and which, when recombined with water in ac-
cordance with instructions printed on the container, conforms with the
definitions of the corresponding milk products in this section.

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

(18) “Skim milk” is milk from which a sufficient portion of milk
fat has been removed to reduce its milk fat content to not more than
fifty one-hundredths per cent and contains not less than eight and twenty-
five one-hundredths per cent milk solids-not-fat. “Nonfat”, or “fat-free”
is skim milk which contains not more than ten one-hundredths per cent
milk fat, and not less than eight and twenty-five one-hundredths per cent
milk solids-not-fat.

(19) “Skim milk solids” includes concentrated skim milk and nonfat
dry milk solids.

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

(21) “Vitamin A & D skim milk” is Grade A pasteurized skim milk,
containing less than fifty one-hundredths per cent milk fat, 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.

(22) “Vitamin A & D skim milk with added solids” is Grade A
pasteurized 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
content 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 constituents with water, and which com-
plies with the standards for milk fat and solids-not-fat of market milk as
defined herein.

(25) “Reconstituted or recombined cream’ is a product which results
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 re-
sults from the recombining of skim-milk constitutents 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 rat and eight and twenty-five one-hundredths per cent milk solids-
not-fa

(28) “Chocolate drink’ is a product consisting of skim milk to which
has been added chocolate syrup or flavoring consisting of wholesome in-
gredients. 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 or 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 fiuid product resulting from the souring or
treatment, by a lactic acid or other culture, of pasteurized skim milk
or pasteurized reconstituted nonfat 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-hundredths per
cent milk solids-not-fat and not less than three and twenty-five one-hun-
dredths 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 recon-
stituted nonfat 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 milli-
liters of milk in a quart container or of proportionate volumes in con-
tainers 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
pn a term “market milk” shall be interpreted to include homogen-
ized 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, con-
centrated 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 sub-
stance to milk, or to any of these milk products and used for similar pur-
poses and defined and designated as a market milk product by the Board
of Agriculture 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;
provided, 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 foreign substance has
been added; or if it bears or contains any poisonous or deleterious sub-
stance which is unsafe or is not normally found in milk, market milk or
market milk products; or any milk, market milk or market milk product
which contains any unwholesome substance, or which is defined in this
article does not conform with its definition, shall be deemed to be adul-
terated. Any milk, market milk or market milk product which carries
a grade label, unless such grade label has been awarded by the Commis-
sioner and not revoked, or which fails to conform in any other respect
with the statements on the label and does conform to all the requirements of
§ 3.1-468 of this article shall be deemed to be misbranded.

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

(41) “Distributor” includes any person who offers for sale or sells
to another any milk, market milk or market milk products for human
consumption as such, provided that groceries, restaurants, soda fountains
and similar establishments that sell market milk products at retail but do
no processing are exempt from the permit requirements of this article.

(42) “Producer-distributor” means a milk producer who is also a
distributor.

(43) “Sub-distributor’ means any person who buys market milk or
market 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 milk is 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, proc-
essed, stored, pasteurized, packaged or prepared for distribution, or con-
sumption, 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 § 3.1-526.

(51) “Board” means the Board of Agriculture and Immigration and
the State Board of Health acting jointly under § 3.1-529 in the adoption
of rules and regulations.

(52) “Average bacterial plate count and average direct microscopic
count” means the logarithmic average of the respective test results of the
last four consecutive samples, taken upon separate days, irrespective of
the six-month period referred toin § 3.1-470.

(58) “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 re-
ceive 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 distribu-
tion 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

rvice

(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
p

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

8 3.1-464. Sale, etc., of adulterated, misbranded or ungraded milk or
milk products prohibited; exception; impounding of such milk or milk
products.—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 prod-
ucts 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.

§ 3.1-465. Permit to sell, etc., milk or milk products.—It shall be un-
lawful for any person to bring into or receive in this State for sale, or to
sell or offer for sale, or distribute 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 Com-
missioner. Every milk producer, milk hauler, milk distributor, and opera-
tor 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 that 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 trans-
ferable with respect to persons and/or locations.

Permits shall be posted in a conspicuous 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
the Commissioner upon violation by the holder of any of the terms of this
article. Provided, however, that no permit shall be revoked until an oppor-
tunity for a hearing by the Commissioner has been provided.

§ 3.1-466. Permit required to import milk or milk products.—No
milk, market milk or market milk product shall be imported into this
State by any person who does not possess an unrevoked permit from the
Commissioner. The permit shall be issued for such period of time as the
Commissioner approves, but not for a period in excess of one year. The
permit shall be renewed on the first day of January of each year. Permits
for bulk raw milk for pasteurization shall be issued on an individual ship-
ment basis only.

The issuance of a permit by the Commissioner shall be conditioned
upon assurance that such milk, market milk, or market milk products have
been produced and/or processed under provisions which are substantially
equivalent to the requirements of this article and which are enforced with
equal effectiveness. No milk, market milk, or market milk product shall be
imported into Virginia unless from a source with an official rating of
ninety per cent or better including the enforcement rating.

_ Such a permit may be temporarily suspended or revoked by the Com-
missioner upon violation of the holder, of any of the terms of this article.
Provided, however, that no permit shall be revoked until after an oppor-
tunity for a hearing by the Commissioner, and provided further, that
during an emergency the Commissioner may permit the importation of
milk into the State on a temporary basis without a permit upon such
conditions as he may establish.

§ 3.1-467. Markings on containers of bulk milk and cream entering

State; shipper to notify Commissioner.—The shipper shall plainly mark
upon each container of bulk milk or cream entering this State the following
information: (a) The name and address of the consignor and the con-
signee, (b) the description of the contents, (c) the date of shipment and,
if pasteurized, the date of pasteurization.
_ _ In case of a tank truck entering the State, in addition to the above
information, it shall be accompanied by an invoice that will identify the
load of milk or cream and show the name and address of the consignor
and the consignee. The shipper shall notify the Commissioner of every
shipment of milk or cream entering Virginia. Such notice shall include
the date, amount, consignor, and consignee. This section does not apply
to dairy farms holding individual permits.

§ 3.1-468. Labeling or marking of containers.—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 contents 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 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 con-
centrated 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.

§ 3.1-469. Inspection of dairy farms and milk plants; statements
to be made available to Commissioner by distributors.—Prior to the is-
suance of a permit, the Commissioners shall inspect all dairy farms and
all milk plants under their respective jurisdictions. 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 inspec-
tion 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 respective Commissioner deems proper.

One copy of the inspection report shall be posted in a conspicuous
place upon the inside wall of the milk house or milk plant, and said inspec-
tion 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 in-
spections and tests, and pasteurization time and temperature records.

§ 3.1-470. Testing of milk samples; effect of violation of grade re-
quirements.—During each six-month period at least four samples of milk
from each dairy farm, and at least four samples of market milk and mar-
ket 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 products.
Bacterial plate counts, direct microscopic counts, coliform determinations,
phosphatase tests and/or such other tests as the Commissioner may require
and approve, shall conform to the procedures in the latest edition of “Stan-
dard Methods for the Examination of Dairy Products” recommended by
the Ameican Public Health Association, or such other national standard
or standards as the Commissioner may approve. Examinations may in-
clude such other chemical and physical determinations as the Commis-
sioner 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 Commis-
sioner 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
§ 3.1-463. 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
coliform 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 sam-
ples, 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.

§ 3.1-471. Assays of vitamin milk.—Whenever market milk and mar-
ket milk products are offered for sale as vitamin market milk and market
milk products representative 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 dis-
tributor of such market milk or market milk products. When unsatisfac-
tory results are found, additional samples shall be assayed, the seller or dis-
tributor 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 fed-
eral authorities for interstate shipment shall be recognized by the Com-
missioner.

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

§ 3.1-472. Grading generally.—Grades shall be based on the stand-
ards set forth in the next four sections (§§ 8.1-473 to 3.1-476) and § 38.1-
495. The grading of market milk products shall be identical with the
grading of market milk, except that the bacterial plate count standards
shall be doubled in the case of cream and half and half, and shall be
omitted in the case of sour cream, buttermilk, churned buttermilk, cul-
tured milk, cottage cheese and cream cottage cheese. The grade of market
milk and market milk products shall be that of the lowest grade of milk,
market milk or market milk products used in its preparation.

§ 3.1-473. Grade A raw milk for pasteurization.—Grade A raw milk
for pasteurization is raw milk from producer dairies conforming with
the requirements of this article. The bacterial 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 ac-
cordance with § 3.1-470.

3.1-474. Grade A raw market milk.—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 fifty thousand per milliliter, as de-
termined in accordance with § 3.1-470.

§ 3.1-475. Grade C raw market milk.—Grade C raw market milk
is milk that fails to meet the requirements of 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 § 3.1-470.

§ 3.1-476. Ungraded milk and cream.—All milk and cream not de-
fined in this article, or which does not meet the requirements of grades
established in this article, shall be known as “ungraded milk” and “un-
graded cream” and may be sold in Virginia only for manufacturing pur-
poses, or as authorized under § 3.1-464. When used in manufactured
products for human food, such milk and cream shall be pasteurized.

§ 3.1-477. Testing and examination of cattle for diseases; disposi-
tion of diseased cattle-—Before any dairy farm is issued a permit as
provided in this article, all cattle on such farm shall pass a test of
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 re-
actors promptly removed and retests of the herd made in a manner satis-
factory 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 reexamination 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 dis-
posed of as the Commissioner may require.

§ 3.1-478. Separate milking barn or milking parlor to be provided;
lighting—A milking barn or milking parlor separate and apart from
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.

§ 3.1-479. Ventilation of milking barn or parlor.—The milking
barn shall be well ventilated and shall contain at least five hundred cubic
feet of air space per stall. Milking parlors shall be well ventilated.

3.1-480. Floors and gutters in milking barn or parlor; swine, calves,
etc. to be kept out.—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.

§ 3.1-481. Walls and ceilings of milking barn or parlor; loafing
barn or tramp shed; cows running loose.—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 repair. 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.

§ 3.1-482. Stanchions and stall arrangements for milking barn or
parlor; walkways.—All barns or parlors in which cows are milked, or
milked and housed permanently, shall be equipped with stanchions or
other stall arrangements 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 pro-
vided for the entrance and exit of the milking herd.

§ 3.1-483. Cow yards; removal of manure; hog pens, etc., and other
livestock and poultry houses.—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 bed-
ding 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.

§ 3.1-484. Storage and disposition of manure.—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.

§ 3.1-485. Milk house or milk room.—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 separ-
ated 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 of 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 pre-
vent 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, not 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 contamina-
tion 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 out-
side 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,
washroom, milking barn, or parlor into the toilet is prohibited. An ap-
proved 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 pas-
teurization 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, pro-
vided, however, that where bulk holding and cooling tanks are used ex-
clusively, 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 per cent 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.

§ 3.1-486. Surroundings of milking barn or parlor and milk house.
—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.

§ 3.1-487. Toilets—LEvery 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.

§ 3.1-488. Water supply.—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.

§ 3.1-489. Containers and equipment used in handling, transporta-
tion and storage of milk.—All multi-use containers, equipment and other
utensils used in handling, storage and/or transporation of milk, market
milk and market milk products shall be made of smooth, nonabsorbent,
noncorrodible, nontoxic 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 reused. All milk pails shall be of a seamless, hooded type. All single-
service articles used shal] 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 usage.

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
transporation of milk, market milk and market milk products, unless
stored in bactericidal solutions, shall be stored so as to drain dry and 80
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.
§ 83.1-490. Milking.—Milking shall be done in the milking barn 01
parlor. The udders and teats of all milking cows shall be clean and wiped
with an approved bactericidal solution immediately before each milking
Abnormal 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 con-
tamination 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.

The 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.

§ 3.1-491. Immediate removal of milk to milk house or straining
room; straining or pouring.—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 contamina-

on.

§ 3.1-492. Cooling of milk; transfer of milk after cooling.—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 the purpose.

3.1-4938. Bottling and capping milk and milk products not for
pasteurization.—Market milk and market milk products not for pasteur-
ization 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 pur-
chased in sanitary containers and stored therein in a clean, dry space
until used.

§ 8.1-494. Vehicles used for transportation of milk and milk pro-
ducts.—All vehicles used for the transportation 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 contamination. All
vehicles shall be kept clean, and no substance capable of contaminating
milk, market milk or market milk products shall be transported with
milk, market milk or market milk products in such a manner as to permit
contamination. Each bulk milk tank used in the transportation of milk,
market milk or market milk products shall be identified, which shall be
conditioned on the requirements for such tanks as prescribed by the

Board.

§ 3.1-495. Grade A pasteurization market milk—Grade A pasteur-
ized market milk is Grade A raw milk for pasteurization which has been
pasteurized, cooled and placed in the final container in a milk plant which
conforms to the sanitation requirements prescribed in this article. In
all cases, the market milk shall show efficient pasteurization as evidenced
by satisfactory phosphatase test, or other approved tests, and at no time
after pasteurization and before delivery shall the market milk have a
bacterial plate count exceeding thirty thousand per milliliter, or a coli-
form count exceeding ten per milliliter, as determined in accordance with
§ 3.1-470. 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 ex-
ceeding two hundred thousand per milliliter.

§ 3.1-496. Floors of rooms used for handling, storage, etc.—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 con-
structed 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.

§ 3.1-497. Walls and ceilings of rooms used for handling, storage,
etc.— 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.

§ 3.1-498. Protection from flies —Unless other effective means are
provided to prevent the access of flies, all outer openings shall be effec-
tively screened and all outer doors shall be self-closing and open outward.

§ 3.1-499. Rooms to be well lighted and ventilated.—All rooms shall
be well lighted and well ventilated.

§ 3.1-500. Location and conduct of milk plant operations generally.
—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 pack-
aging operations; (b) the washing and bactericidal treatment of con-
tainers. 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 containers 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.

§ 3.1-501. Toilets and toilet rooms.—Every milk plant shall be pro-
vided 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 employees 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 § 3.1-487.

§ 3.1-502. Water supply.—The water supply shall be easily access-
ible, adequate and of a safe, sanitary quality.

§ 3.1-503. Hand-washing facilities —Convenient hand-washing facil-
ities, including hot and cold running water, soap and approved single
service towels, shall be provided in all toilet rooms, washing and bacteri-
cidal treatment rooms, and milk processing rooms. Hand-washing facil-
ities 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 hands.

§ 3.1-504. Piping—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 conducted from one piece of equipment to another only through
sanitary milk piping.

3.1-505. Materials, construction, etc., of containers and equip-
ment.—All multi-use containers and equipment with which milk, market
milk, and market milk products come into contact shall be of a smooth,
impervious, noncorrodible, nontoxic material; shall be so constructed 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.

§ 3.1-506. Disposal of wastes; plumbing.—All wastes shall be prop-
erly disposed of. All plumbing and equipment shall be so designed and
so installed as to prevent contamination of milk, market milk, and market
milk product equipment by backflow.

3.1-507. Cleaning of containers and equipment.—All milk, market
milk and market milk product containers and equipment except single-
service containers shall be thoroughly cleaned after each usage. All such
containers shall be subjected effectively to an approved bactericidal pro-
cess 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.

§ 3.1-508. Transportation and storage of containers and equipment.
—After bactericidal treatment, all bottles, cans and other multi-use milk,
market milk or market milk product containers and equipment shall
transported and stored in such a manner as to be protected from con-
tamination.

§ 3.1-509. Handling of containers and equipment.—Between bacter!-
cidal treatment and usage, and during usage, containers and equipment
shall not be handled or operated in such a manner as to permit contamina-
tion of the milk. Pasteurized market milk or market milk products shall
not be permitted to come into contact with equipment with which un-
pasteurized 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.

§ 3.1-510. Storage and handling of caps.—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
kept therein in a clean dry place until used.

§ 3.1-511. How pasteurization performed; pasteurization more than
once.—Pasteurization shall be performed as described in paragraph (38)
of § 3.1-463 of this article. No fluid market milk as herein defined shall
be pasteurized more than once unless specifically permitted by the Com-
missioner.

§ 3.1-512. Cooling of milk before and after pasteurization —All milk
received for pasteurization shall be cooled immediately in approved equlp-
ment of fifty degrees Fahrenheit or less and maintained thereat until
pasteurized. All pasteurized market milk and market milk products, ex-
cept those to be cultured, shall be cooled immediately in approved equlp-

9 . 88 ha
market milk and market milk products shall be done at the place of pas-
teurization with approved mechanical equipment.

§ 3.1-514. Overflow milk and milk products.—Overflow milk or
milk products shall not be sold for human consumption.

§ 3.1-515. Capping.—Capping of market milk and market milk pro-
ducts shall be done in a sanitary manner by approved mechanical equip-
ment. Handcapping 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.

§ 3.1-516. Medical examination of handlers, etc.; sanitary precau-
tions to be taken by handlers.—-A licensed physician shall examine and take
a careful morbidity history of each person connected with a pasteuriza-
tion 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 infected 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 hy the State health au-
thorities for such examinations; and, if the results justify, such person
shall be barred from such employment. Such persons shall furnish such
information, submit to such physical examinations, and submit such labora-
tory specimens as the physician may require for the purpose of determin-
ing freedom from infection. No person with an infected cut or lesion on
his hands or arms shall handle milk, market milk, market milk products,
containers 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.

§ 3.1-517. Vehicles used for transportation; bills of lading.—All ve-
hicles 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 contamination. 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, bacteri-
cida] treatment, storage and handling requirements 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 information 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.

§ 3.1-518. Protection from communicable diseases.—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 communicable disease occurs, or who suspects that
any employee has contracted any disease in a communicable form or has
ately. A placard containing these requirements shall be posted at dairy
farms and milk plants.

§ 3.1-519. Prevention of transmission of infection.—When reason-
able 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 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 con-
cerned from distribution and use; and (3) adequate medical and bacterio-
logical examination of the person, of his associates and of his and their
body discharges.

§ 3.1-520. Only Grade A pasteurized milk and milk products to be
sold or served; exceptions; suspension or revocation of permit for failure
to maintain standards.—No market milk or market milk products shall
be sold or served for human consumption except Grade A pasteurized.
After June twenty-nine, nineteen hundred sixty-two, 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 June twenty-nine, nineteen hundred sixty-two, 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 re-
quired by this article shall receive fluid milk other than Grade A after
June twenty-nine, nineteen hundred sixty-two. Provided, however, that
this shall not apply to plants that were routinely and regularly receiving
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 June twenty-nine, nine-
teen hundred sixty-two, nor shall any plant extensively altered or re
modeled or which changes ownership or location. When any milk dis-
tributor 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.

3.1-521. Standardization of milk fat and solids-not-fat content of
milk and milk products.—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 m!
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 by law.

§ 3.1-522. Reinstatement of permit after suspension.—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 correction of a violation of any
bacteriological or cooling temperature standard, the Commissioner 8
take further samples at the rate of not more than two per week and
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

>
In case the permit suspension had been due to a violation of an item other
than bacteriological standards or cooling temperature, the said applica-
tion must be accompanied by a statement, signed by the applicant to the
effect that the violated items of the specifications have been corrected.
Within one week of the receipt of such application and statement, the
Commissioner shall make a reinspection of the applicant’s establishment,
and thereafter as many additional reinspections as he may deem necessary
to assure himself that the applicant is again complying with the require-
ments and, in case the findings justify, shall reinstate the permit.

§ 3.1-523. Transfer of milk and milk products from one container
to another; sale and service in origina] container; temperature; cleaning
and return of containers.—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 bot-
thing 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 con-
tainers. It shall be unlawful for hotels, soda fountains, restaurants, gro-
ceries and similar establishments to sell or serve any milk or fluid milk
products except in the individual original container in which it was re-
ceived 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 pack-
aged at a milk plant; nor to mixed milk drinks requiring less than one-
half pint of market milk, which may be poured from containers pack-
aged 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 sub
merged. 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 trans-
missible through milk supplies exists, shall be subject to the special re-
quirements of the Commissioner.

__ § 3.1-524. Sonstruction of dairies and milk plants.—All dairies and
milk plants from which graded milk, market milk or market milk prod-
ucts are supplied in the Commonwealth of Virginia shall conform in
their construction to the Grade A requirements of this article. Properly
prepared plans for milk plants, which are thereafter constructed, recon-
structed or extensively altered, shall be submitted to the Commissioner
for approval before work is begun. Signed approval shall be obtained from

e Commissioner.

§ 3.1-525. Installation of facilities, fixtures, etc., not conforming
to requirements of Commissioner.—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 ex-
pressly prohibited by, the standards of this article after he had deter-
mined 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
facility, fixture, appurtenance, material, or method of a type not con-
forming with the requirements of, nor expressly prohibited by, these
standards shall, prior to such installation or use, submit to the said Com-
missioner such proof by recognized authority as the Commissioner may
require to permit him to determine whether such facility, fixture, ap-
purtenance, 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 discon-
tinued or removed if such inspection indicates it is unsuitable, unsafe, un-
sanitary, or contrary to the provisions of these or other standards.

§ 3.1-526. Enforcement of article; right of entry; interference un-
lawful; local ordinances and rules and regulations.—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 pro-
duction and transportation of milk to the point of delivery. It shall be un-
lawful for any person to hinder, obstruct, or interfere with the Commis-
sioner 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 hereunder, 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. It shall be unlawful for any person to hinder, obstruct, or inter-
fere with the State Health Commissioner or his agents in the performance
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 delivery, until
sold and delivered to the public. Every such ordinance shall conform
to the provisions of this article, and rules and regulations adopted there-
under 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 reg-
ulations 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 concerned; there-
upon 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 department
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 inspect,
regulate or control the processing and distribution of Grade A market milk
and market milk products, subsequent to the point of delivery of any
Grade A raw milk. Provided, however, that this provision shall not be
consid as prohibiting official rating surveys, when requested 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 regard-
ing the applicability of any requirement of a local ordinance or regard-
ing the jurisdictional responsibility between agencies, State or local, over
milk inspection, such question shall be referred to the Commissioner of
Agriculture and Immigration, the State Health Commissioner and the
Attorney General, whose ruling shall be binding on and accepted by the
agencies concerned.

§ 8.1-527. Delegation of authority by Commissioner.—All author-
ity 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 Com-
missioner may from time to time designate for such purpose.

§ 3.1-528. Injunctive relief in case of violation of article—lIn 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 necessary to protect the public
interest without being compelled to allege or prove that any adequate
remedy at law does not exist.

§ 3.1-529. Adoption and approval of rules and regulations.—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.

§ 3.1-530. Violation of article or rules and regulations a mis-
demeanor.—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.

Article 4

Babcock and Other Machine Tests

§ 3.1-531. Measuring utensils for milk and cream to be tested and
marked; fees.—No bottle, pipette or other measuring glass or utensils shall
be used in this State by any inspector of milk or cream, or by any person in
any milk inspection laboratory, in determing by the Babcock or any other
centrifugal machines, the percentage of fat in milk or cream for the
purposes of the inspection or by any person in any milk depot, creamery,
cheese factory, condensed milk factory, or other place, in determining by
the Babcock or other centrifugal machine, the composition or value of milk
or cream as a basis for payment in buying or selling, until it has been
tested for accuracy and verified by experts of the Department of Agri-
culture and Immigration of Virginia. Every such bottle, pipette or other
measuring glass or utensil shall be submitted to the Commissioner of
Agriculture and Immigration by the owner or user thereof to be tested
for accuracy before the same is used in this State for the purposes afore-
said. The Commissioner shall cause the bottle, pipette or other measuring
glass or utensil so submitted, after the fees herein provided have been paid,
to be tested in the laboratory of the Department of Agriculture and Im-
migration. The owner or user shall pay to the Commissioner, as a fee for
making the test, a sum not exceeding five cents for each bottle, pipette
or other measuring glass or utensil tested. Any bottle, pipette or other
measuring glass or utensil that has been so tested and verified shall be
marked by experts of the Department of Agriculture and Immigration, to
indicate the fact of such test or verification; or if tested and found to be
inaccurate, may be marked by him or them to indicate that it is inaccurate.
No bottle, pipette or other measuring glass or utensil that has been marked
by experts of the Department of Agriculture and Immigration to indicate
that it is inaccurate shall be used in this State by any person in deter-
mining the composition or value of milk or cream.

§ 3.1-532. Inspection of centrifugal machines and scales; when con-
demned.—Every Babcock or other centrifugal machine, or cream test or
butterfat test scale, used in this State by any inspector of milk or cream
or by any person in any milk inspection laboratory for determining the
composition of milk or cream for purposes of inspection, or by any person
in any milk depot, ice cream factory, confectionery, creamery, cheese
factory, condensed milk factory, laboratory or other place for determining
the composition or value of milk or cream as a basis for payment in buying
or selling, shall be subject to inspection at least once in each year by the
Commissioner, his assistants or agents. Any Babcock or other centrifugal
scale so used, that is not in the opinion of the Commissioner or his assistants
or agents in condition to give accurate results, may be condemned by the
Commissioner or his assistants or agents. No Babcock or other centrifugal
machine or scale that has been condemned by the Commissioner or his
assistants or agents as not in condition to give accurate results shall be
used in this State by any person for determining the composition or value of
milk or cream, unless the machine or scale be changed to the satisfaction
of the Commissioner or his assistants or agents, and approved by him.

8 3.1-533. Manipulators of machines to procure certificates; when
certificate revoked.—No inspector of milk or cream and no person in any
milk inspection laboratory, shall manipulate the Babcock or other centrif-
ugal machine for the purpose of determining the composition of milk
or cream for purposes of inspection, and no person in any milk depot, ice
cream factory, confectionery, creamery, cheese factory, condensed milk
factory, or other place in this State shall manipulate the Babcock or other
centrifugal machine for the purpose of determining the composition
or value of milk or cream, or shall take samples or weigh milk or cream,
as a basis for payment in buying or selling, without first obtaining a
certificate from the Commissioner that he is competent to perform such
work. The fee for such certificate to weigh or sample milk, or a certificate
to test and sample milk or cream, shall be one dollar and shall be paid
by the applicant therefor to the Commissioner. All such certificates shall
be renewed annually without further examination at the discretion of
the Commissioner upon application and payment of one dollar. Unless a
person holding a valid tester’s, weigher’s and sampler’s certificate renews
said certificate within one year after expiration date, he shall be required
to successfully pass the applicable examination before a new certificate be
issued. In case any holder of a certificate is notified by the Commissioner,
his assistants or agents to correct his use of a Babcock or other centrifugal
machine, or his method of sampling or weighing, and such person or holder
of a certificate so notified fails to comply with the notice and correct his
use of a Babcock or other centrifugal machine, or his methods of sampling
or weighing, he shall be deemed guilty of a violation of the provisions of
this article, and the Commissioner may forfeit his certificate. No holder
of a certificate whose authority to manipulate a Babcock or other centrif-
ugal machine or to sample or weigh milk or cream has been revoke by the
Commissioner shall thereafter manipulate in this State any centrifugal
machine or sample or weigh milk or cream for the purposes herein specified
until his certificate has been renewed. .

§ 3.1-534. To whom certificates issued—The Commissioner is au-
thorized to issue certificates of competency to such persons desiring to
manipulate the Babcock or other centrifugal machine or to sample or
weigh milk or cream who may present certificates of such competency
properly filled out and signed by the professor of dairy science or other
authorized officer of the Virginia Polytechnic Institute, and to such other
persons as, in the opinion of the Commissioner, are competent to manip-
ulate the machines, and to sample or weigh milk or cream.

§ 3.1-535. The Board of Agriculture and Immigration is authorized
to make and enforce rules governing applications for such certificates and
the granting thereof and may, in its discretion, revoke the authority of any
holder of a certificate who, in its opinion, is not correctly manipulating any
Babcock or other centrifugal machine, or correctly sampling or weighing
milk or cream as aforesaid or is using dirty or otherwise unsatisfactory
glassware or utensils. The Board is authorized to fix such standards and
to issue such regulations as may be deemed necessary to carry out the
provisions of this article.

§ 3.1-536. Standard capacity of machine.—In the use of the Bab-
cock or other centrifugal machine, the standard milk measurer or pipettes
shall have a capacity of seventeen and six-tenths cubic centimeters and the
standard test tubes or bottles for milk shall have a capacity of two cubic
centimeters for each ten per centum marked on the necks thereof.

8.1-5387. Units for testing cream.—Cream shall be tested by
weight and the standard units for testing shall be eighteen grams, and
nine grams, and it is hereby made a violation of the provisions of this
article to use any other standard of milk or cream measure where milk
or cream is purchased by or furnished to creameries or cheese factories,
and where the value of the milk or cream is determined by the per centum
of butterfat contained in the same by the Babcock or other centrifugal
test or cream test or butterfat test scales.

§ 3.1-538. Sampling to determine butterfat by composite tests.—
In sampling milk or cream from which composite tests are to be made
to determine the per centum of butterfat contained therein, no such
sample or sampling shall be lawful unless a sample be taken from each
weighing, and the quantity thus used shall be proportioned to the total
weight of the milk or cream tested.

§ 3.-1539. Test of measurers and inspection of machines; right of
entry.—It shall be the duty of the Commissioner and he is authorized,
to test or cause to be tested all bottles, pipettes and other measuring
glasses or utensils submitted to him as provided in § 3.1-531, to inspect or
cause to be inspected at least once each year every Babcock or other
centrifugal machine or cream test or butter fat test scales used in this
State by an inspector of milk or cream or by any person in any milk inspec-
tion laboratory for purposes of inspection, or by any person in any milk
depot, ice cream factory, confectionery, creamery, cheese factory, con-
densed milk factory or other place for determining the composition or
value of milk or cream as a basis for payment in buying or selling, and to
collect or cause to be collected the fees provided for by law. The Commis-
sioner, his assistants or agents, are further authorized to enter upon any
premises in this Commonwealth where any centrifugal machine or cream
test and butterfat test scales is used as aforesaid to inspect the same
and to ascertain if the provisions of law are complied with.

§ 3.1-540. False manipulation and reading—Any person who shall
by himself or as the officer, servant, agent or employee of any person, firm
or corporation, falsely manipulate or under-read or over-read the Babcock
test or any other contrivance used for the purpose of determining the
amount of milk fat in milk or cream, or who shall make any false deter-
mination of any test or contrivance used for the purpose of determining
the amount of milk fat in any dairy products, shall be guilty of a mis-
demeanor.

§ 3.1-541. Tender of payment as evidence of test.—The tender of
payment for milk or cream at any given test, shall constitute prima facie
evidence that such test was made.

§ 3.1-542. Commissioner to enforce; parties exempt from their
operation.—It shall be the duty of the Commissioner to see that the pro-
visions of this article are complied with, and he may in his discretion pros-
ecute or cause to be prosecuted any person violating any of its provisions.
But they shall not be construed to affect any persons using any certrifugal
or other machine or test in determining the composition or value of milk
or cream when such determination is made for the information of such
persons only and not for purposes of inspection, or as a basis for payment
in buying or selling.

§ 3.1-543. Disposition of fees —The money collected under the pro-
visions of this article shall be paid into the State treasury to the credit
of the general fund.

§ 3.1-544. Obstruction of Commissioner; penalty for violation.—
Any person who shall hinder or obstruct the Commissioner, his assistants
or agents in the discharge of the authority or duty imposed upon him or
them by this article, and any person, firm or corporation violating any
of their provisions shall be guilty of a misdemeanor and, upon convic-
tion, shall be punished by a fine of not less than ten dollars nor more
than fifty dollars, and costs of prosecution, or by imprisonment in the
county or city jail not to exceed ninety days or until such fine and costs
are paid, or both fine and imprisonment at the discretion of the court.

8.1-545. “Person” or “holder” defined.—The word “person” or
“holder” as used in this article shall also include a corporation, association
or partnership or two or more persons having a joint or common interest.

Article 5
Ice Cream and /Frozen Products and Mixes

§ 3.1-546. Ice cream defined; optional ingredients.—(a) Ice Cream
is defined to be the food prepared by freezing, while stirring, a pasteurized
mix composed of one or more of the optional dairy ingredients specified
in subsection (b) of this section, sweetened with one or more of the
optional sweetening ingredients specified in subsection (c) of this section,
flavored with one or more of the optional flavoring ingredients specified
in subsection (d) of this section. One or more of the optional egg ingre-
dients specified in subsection (e) may be used; one or more of the optional
stabilizing ingredients specified in subsection (f) may be used subject to
the conditions (e) and (f) as the case may be.

Harmless vegetable or certified coloring may be added. The mix may
be seasoned with salt and may be homogenized. Water may be added.
The kind and quantity of optional dairy ingredients used, and the content
of milk fat and total milk solids are such that the milk fat and total milk
solids are not less than ten per cent and twenty per cent respectively of the
weight of the finished ice cream, except that when one or more of the
optional flavoring ingredients specified in § 3.1-546 (d), (4), (5), (6),
(7), (8), or § 3.1-546 (e) are used, then the weight of the milk fat and
total milk solids are not less than ten per cent and twenty per cent re-
spectively, except for such reduction in milk fat and in total milk solids
as is due to the addition of one or more of the optional ingredients
specified in § 3.1-546 (d), (4), (5), (6), (7), (8) or § 3.1-546 (e), but in no
case shall it contain less than eight per cent of milk fat nor less than
sixteen per cent of total milk solids. Ice cream shall contain not less than
1.6 pounds of total food solids per gallon and shall weigh not less than 4.5
pounds per gallon. ;

(b) The optional dairy ingredients referred to in subsection (a) of
this section are cream, dried cream, butter, butter oil, concentrated milk
fat, milk, concentrated milk, evaporated milk, sweetened condensed milk,
superheated condensed milk, dried milk, skim milk, concentrated (evapo-
rated or condensed) skim milk, superheated condensed partly skimmed
milk, nonfat dry milk solids, sweet cream buttermilk, condensed sweet
cream buttermilk, dried sweet cream buttermilk, and any of the foregoing
products from which all or a portion of lactose has been removed after
crystallization or the lactose has been converted to simple sugars by
hydrolysis, and other dairy ingredients as are permitted for use in Ice
cream by the Federal Food and Drug Administration.

(c) The optional sweetening ingredients referred to in subsection (a)
of this section are sugar, liquid sugar, dextrose, invert sugar, (paste or
syrup), lactose, corn sugar, dried or liquid corn syrup, maple syrup, maple
sugar, honey, brown sugar, malt syrup, dried malt extract, molasses (other
than blackstrap).

(d) The optional ingredients referred to in subsection (a) of this
section are (1) natural food flavoring (2) artificial food flavoring, (3)
fruit juice, which may be fresh, frozen, canned, concentrated or dried
and which may be sweetened and thickened with one or more of the
optional stabilizing ingredients specified in § 3.1-546 (f), (4) chocolate,
(5) cocoa, (6) fruit which may be fresh, frozen, canned, concentrated,
shredded, pureed, comminuted or dried and which may be sweetened,
thickened with stabilizer, and acidulated with citric, tartaric, malic, lactic
or ascorbic acid, (7) nut meats, and (8) confectionery.

(e) Liquid eggs, frozen eggs, dried eggs, egg yolks, frozen yolks,
dried yolks; but the total weight of egg yolk solids in any such ingredients
used singly, or in combination of two or more such ingredients used, is
less than the minimum prescribed by § 3.1-548 for French ice cream.

(f) The optional stabilizing ingredients specified in subsection (a) of
this section are gelatin, algin, extractive of Irish Moss, Psyllium seed
husk, agar-agar, gum acacia, gum karaya, locust bean gum, gum traga-
canth, cellulose gum (CMC), guar seed gum, or other harmless stabilizers
or emulsifiers as are permitted for use in ice cream by the Federal Food
and Drug Administration, but the total weight of the active material con-
tained in the solids of any such ingredients used singly or of any combina-
tion of two or more of such ingredients used, is not more than 0.5 per
centum of the weight of the finished ice cream.

§ 3.1-547. Ice cream mix.—Ice cream mix is the unfrozen combina-
tion of ingredients which when frozen while stirring will produce a prod-
uct conforming to the definition of ice cream.

8 3.1-548. French ice cream, frozen custard and French custard ice
cream.—French ice cream, frozen custard, and French custard ice cream
conform to the definition and standard of identity prescribed for ice cream
by § 3.1-546, except that one or more of the optional egg ingredients per-
mitted by § 3.1-546 are in such quantity that the total weight of egg yolk
solids therein is not less than 1.4 per centum of the weight of the finished
product, except when any of the optional flavoring ingredients specified
in § 3.1-546 (d), (4), (5), (6), (7), or (8), is used; in which case the
weight of the egg yolk solids is not less than 1.12 per centum of the weight
of the finished product. In no case shall the milk fat in the finished product
be less than eight per centum by weight.

§ 3.1-549. French ice cream mix, frozen custard mix and French
custard ice cream mix.—French ice cream mix, frozen custard mix, and
French custard ice cream mix are the unfrozen combinations of ingre-
dients which when frozen while stirring will produce products conforming
to the definition of French ice cream, frozen custard, and French custard
ice cream.

§ 3.1-550. Ice milk.—Ice milk conforms in all respects to the defini-
tion of and standard of identity for ice cream prescribed in § 3.1-546
except that it contains not less than two per centum but not more than
seven per centum of milk fat and not less than eleven per centum total
milk solids and except that it contains not less than 1.3 pounds of food
solids per gallon. When ice milk is packaged in containers of greater
than one-half gallon capacity, it does not contain color or any of the
optional flavoring ingredients specified in § 3.1-546.

§ 3.1-551. Ice milk mix.—Ice milk mix is the unfrozen combina-
tion of ingredients which when frozen while stirring will produce a prod-
uct conforming to the definition of ice milk.

§ 3.1-552. Sherbet.—Sherbet is the food prepared by freezing, while
stirring, a pasteurized mix composed of one or a combination of the op-
tional dairy ingredients specified in § 3.1-546 (b), one or more of the op-
tional sweetening ingredients specified in § 3.1-546 (c), fruit, fruit juice,
or flavoring as hereinafter provided. It may contain one or more of the
optional stabilizing ingredients specified in § 3.1-546 (f) or pectin, pro-
vided the weight of such stabilizer is not more than 0.5 per centum
of the weight of the finished sherbet. The kind and quantity of optional
dairy ingredients used is such that the total milk solids content is not less
than two per centum nor more than five per centum by weight of the
finished sherbet and the milk fat content is not less than one per centum
and not more than two per centum by weight of the finished sherbet. It
contains fruit or fruit juice as described in § 3.1-546 (d), (3) and
§ 3.1-546 (d), (6), natural or artificial food flavoring. It may contain
citric, tartaric, malic, phosphoric, lactic or ascorbic acid. The acidity of
the finished sherbet shall be not less than 0.35 per centum of acid as deter-
mined by titrating with standard alkali and expressed as lactic acid. It
weighs not less than 6.0 pounds per gallon. The flavor designation of
sherbet shall be prominently displayed on all consumer packages of the
finished products.

3.1-553. Sherbet mix.—Sherbet mix is the unfrozen combination
of ingredients which when frozen while stirring will produce a product
conforming to the definition of sherbet.

§ 3.1-554. Water ice—Water ice conforms in all respects to the
definition and standard of identity for sherbet prescribed in § 3.1-552
except that it does not contain any of the optional dairy ingredients and
consequently does not meet the provisions respecting total milk solids and
butterfat.

§ 3.1-555. Water ice mix.—Water ice mix is the unfrozen combina-
tion of ingredients which when frozen while stirring will produce a prod-
uct conforming to the definition of water ice.

§ 3.1-556. Quiescently frozen dairy confections and quiescently
frozen confections.—Quiescently frozen dairy confections means a clean
and wholesome frozen product made from water, one or more of the optional
dairy ingredients specified in § 3.1-546 (b), one or more of the optional
sweetening ingredients specified in § 3.1-546 (c), with added harmless pure
or imitation flavoring, and with or without added harmless coloring. It ma
contain one or more of the stabilizing ingredients specified in § 3.1-546 (f
not in excess of 0.5 per cent. It shall be manufactured in such a manner
in which freezing is not accompanied by stirring or agitation. It con-
tains not less than thirteen per cent by weight of total milk solids, and not
less than thirty-three per cent by weight of total food solids. ;

This confection must be manufactured in the form of servings, in-
dividually packaged, bagged or otherwise wrapped, labeled in accordance
with § 3.1-558 and purveyed to the consumer in its original factory
filled package.

In the production of these quiescently frozen dairy confections, no
processing or mixing prior to quiescent freezing shall be used that develops
in the finished confection mix any physical expansion in excess of ten
per cent.

Quiescently frozen confections means a clean wholesome frozen, sweet-
ened, flavored product in the manufacture of which freezing has not been
accompanied by stirring or agitation. This confection may be acidulated
with one or more of the harmless organic acids specified in § 3.1-552, may
contain one or more of the optional dairy ingredients specified in § 3.1-
546 (b), may be made with or without added harmless pure or imitation
flavoring, and with or without added harmless coloring. The finished prod-
uct may contain one or more of the optional stabilizing ingredients specified
in §8.1-546 (f) not in excess of 0.5 per cent by weight of the finished prod-
uct. The finished product shall contain not less than seventeen per cent
by weight of total food solids. ; ;

This confection must be manufactured in the form of servings, in-
dividually packaged, bagged or otherwise wrapped, labeled in accordance
with § 8.1-558, purveyed to the consumer in its original factory filled

ge.

In the production of these quiescently frozen confections, no process-
ing or mixing, prior to quiescent freezing, shall be used that develops in
oe confection mix any physical expansion in excess of ten per
cent.

§ 3.1-557. Average bacterial plate count; coliform count.—The
average bacterial plate count of any food product defined in this article
shall, at no time prior to the delivery to the consumer, exceed fifty thousand
per gram; and the coliform count shall not exceed twenty per gram. Any
food product which purports to be or is represented as a food for which a
definition and standard of identity is established in 8§ 3.1-546 through
8.1-556 shall be deemed to be adulterated and misbranded, if such food
does not conform to such standards.

§ 3.1-558. Labels—Any food as defined in this article for which
a definition and standard of identity is established herein shall be deemed
to be misbranded if in package form unless it bears a label containing
(1) the name and address of the establishment in which such food is
manufactured, or the name and address of the principal office of the
manufacturer and a code designation approved by the Virginia Commis-
sioner of Agriculture and Immigration identifying the establishment in
which such food was manufactured, (2) an accurate statement of the
quantity of content in terms of liquid measure and (8) the name of the
food specified in the definition and standard of identity.

Where the food is not manufactured by the person whose name ap-
pears on the label, the label must identify such manufacturer by a code
designation approved by the Virginia Commissioner of Agriculture and
Immigration.

Containers holding food mixes defined in §§ 3.1-547, 3.1-549, 3.1-551,
8.1-553 and 3.1-555, when shipped, transferred or transported to an estab-
lishment other than the place at which it was manufactured, shall be
plainly labeled with the name of the product, the name and address of
the manufacturer, and the date of pasteurization. Food mixes defined in
this article and labeled as herein specified, need not bear a list of ingre-
dients on the label.

The possession, sale or offering for sale of any food which is adulter-
— misbranded within the meaning of this article is hereby pro-

ibited.

§ 8.1-559. Standards for construction and operation of manufactur-
ing establishments.—Standards for the construction and operation of man-
ufacturing establishments of foods identified by this article are as follows:

(a) Standard for plant premises——The premises of establishments
shall be free from conditions creating health hazards and nuisances. Drive-
ways shall be well graded and dust free.

(1) Dust Control.—Dust shall be adequately controlled to prevent con-
tamination of ice cream or its ingredients.

(2) Drainage.—Suitable drainage shall be provided to allow quick
run-off of all surface water from premises and buildings.

(8) Odor Control.—All sources of objectionable odors originating
on the premises shall be eliminated.

(b) Standards for plant and equipment.—(1) Exterior of Plant—
These exteriors shall be in good repair and properly maintained.

(2) Floors.—The floors of all rooms in which mix, frozen dairy foods
and water ices, or their ingredients are manufactured, frozen or stored,
or in which containers and 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, and kept clean;
provided, that cold storage rooms need not be provided with drains. Pro-
vided, further, that the construction requirements of this item shall be
waived, in frozen dairy food and water ices plants which freeze and sell
only at retail on the premises, if the portion of the room in which con-
tainers or utensils are washed have impervious floors or solid floors covered
with tight linoleum or other approved, washable material.

(3) Walls and Ceilings—Walls and ceilings of rooms, except cold-
storage rooms, in which mix, frozen dairy foods and water ices or their in-
gredients are manufactured or frozen, or in which containers or utensils
are washed, shall have a smooth, washable, light colored surface, and shall
be kept clean.

(4) Doors and Windows.—Unless other effective means are pro
vided to prevent the access of flies, rodents and vermin, all outer openings
shall be effectively screened, and doors shall be provided with self-closing
devices.

(5) Lighting and Ventilation.—All rooms other than cold storage
rooms shall be well lighted and ventilated.

(5a) Miscellaneous Protection from Contamination.—The various
plant operations shall be so located and conducted as to prevent any con-
tamination of the mix, frozen dairy foods and water ices, their ingredients,
cleaned equipment or containers. AlJl means necessary for the elimination
of flies shall be used. Separate rooms shall be provided for (a) the
pasteurizing, processing, cooling, freezing, and packaging operations, an
(b) the washing and bactericidal] treatment of containers: Provided, that
requirement (a) shall be satisfied, in frozen dairy foods and water ices
plants which freeze and sell only at retail on the premises, if all mixing,
freezing and packaging processes, but not necessarily the hardening an
storage compartments, are enclosed in a tight glass or other sanitary en-
closure which is open only on the side farthest from the public, which has

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not be unloaded directly into the room or rooms used for pasteurization
or subsequent processes. Pasteurized mix or frozen dairy foods and water
ices shall not be permitted to come into contact with equipment with
which unpasteurized mix, frozen dairy foods and water ices, milk or milk
products have been in contact, unless such equipment has first been
thoroughly cleaned and subjected to bactericidal treatment. None of the
operations connected with frozen dairy foods and water ices plants shall
be conducted in a room used for domestic purposes.

(6) Processing Rooms.—Processing rooms shall be of sufficient size
for the purpose for which they are intended and to provide placement
of equipment so that it is easily accessible for proper manufacturing opera-
tions and cleaning.

(7) Storage Rooms.—Storage rooms shall be in good repair, clean
and orderly.

(8) Boiler Room.—Boiler rooms shall be separated from processing
rooms and other rooms where dairy products or dairy supplies are handled
or stored. It shall have tight partitions and self-closing doors to any proc-
essing rooms. It shall be orderly, clean and in good repair.

(9) Toilet Facilities—There shall be provided toilet facilities which
are kept clean, well ventilated, and in good repair. Toilet rooms shall not
open directly into any room in which frozen dairy foods and water ices,
their ingredients, equipment, or containers are handled or stored. The
doors of all toilet rooms shall be self-closing. In case privies or earth
closets are permitted and used, they shall be separate from the building,
and shall be of a sanitary type constructed and operated in conformity
with the requirements of the State Board of Health.

(10) Water Supply.—The water supply shall be easily accessible,
adequate, and of a safe, sanitary quality.

(11) Hand Washing Facilities —Convenient hand washing facilities
shall be provided, including warm running water, soap, and approved
sanitary towels. The use of a common towel is prohibited. No employee
oe resume work after using the toilet room without first washing his

nds.

(12) Sanitary Piping.—Only sanitary piping, valves and fittings of an
approved type shall be used.

(13) Construction and Repair of Containers and Equipment.—All
containers and equipment with which food products come in contact must
be of an approved type and shall be constructed in such a manner as to be
easily cleaned and shall be kept in good repair.

(14) Placement of Equipment.—Equipment shall be so placed as to
be readily accessible for all manufacturing and cleaning operations.

(c) Plant operations.—(1) Disposal of Wastes.—All wastes shall be
properly disposed of. Covered containers shall be provided.

(2) Cleaning and Bactericidal Treatment of Containers and Equip-
ment.—All multiservice containers and equipment for mix, frozen dairy
foods and water ices, or their ingredients shall be thoroughly cleaned after
each usage. All containers shall be subjected to an approved bactericidal
process after each cleaning, and all equipment before each usage. When
empty and before being returned by a frozen dairy products and water
ices plant, each food product container shall be effectively cleaned and sub-
jected to bactericidal treatment.

(3) Storage of Containers.—After bactericidal treatment all multi-
use containers for mix, frozen dairy food and water ices, and their in-
gredients shall be stored in such manner as to be protected from con-
tamination.

(4) Handling of Containers and Equipment.—Between bactericidal
treatment and usage, and during usage, containers and such equipment
of the frozen dairy food and water ices, mix or their ingredients.

(5) Storage and Handling of Single Service Containers and Uten-
sils—Caps, parchment papers, wrappers, can liners, and single service
sticks, spoons, and containers for frozen dairy foods and water ices, mix,
or their ingredients shall be purchased only in sanitary containers, shall
be kept therein in a clean dry place, and shall be handled in a sanitary
manner.

(6) Protection from Contamination.—Special precautions shall be
taken to avoid contamination of ice cream and/or its ingredients with micro-
organisms and extraneous material. ; ;

(7) Storage of Milk or Milk Product Mix Ingredients.—All milk and
milk product mix ingredients shall be held at such temperatures which will
prevent any quality deterioration of same prior to use in the mix. ;

Mix Processing and Handling.—All mix shall be pasteurized
by heating every particle of mix to at least 155° F. and holding at such tem-
perature for at least thirty minutes in approved and properly operated
equipment; provided, that nothing contained in this requirement shall be
construed as disbarring any other process which has been demonstrated
to be equally efficient and is approved by the Virginia Commissioner of
Agriculture and Immigration. ; ;

Pasteurized mix shall immediately be cooled in approved equipment to
a temperature of 45° F. or less and maintained thereat until frozen, and
must be frozen into frozen food products within four days after pasteuriza-
tion or within such other period of time as the Virginia Commissioner of
Agriculture and Immigration may from time to time establish. __

(9) Freezing and Packaging.—Freezing, packaging, cutting, mold-
ing, dipping and other preparation of mix or frozen dairy food and water
ices, or their ingredients shall be done in an approved manner. Containers
shall be covered immediately after filling with caps or covers and shall be
handled in such a manner as to prevent contamination of the package
contents.

(10) Overflow or Spillage—Product drip, or overflow or spilled mix
or frozen dairy foods and water ices or their ingredients, shall not be sold
for human consumption.

(11) Returns.—Mix or frozen dairy foods and water ices in broken
and open containers may after delivery be returned to the plant for in-
spection, but shall not be used for making mix or frozen dairy foods and
water ices.

(12) Delivery Vehicles.—All vehicles used for the transportation of
mix or frozen dairy foods and water ices or their ingredients shall be so
constructed and operated as to protect their contents from the sun and
from contamination. Such vehicles shall be kept clean, and no substance
capable of contaminating mix or frozen dairy foods and water ices or their
ingredients shall be transported therewith in such manner as to permit
contamination.

(13) TIness of Employee or Communicable Disease in Employee’s
Household; Personal Appearance; Smoking and Spitting.—TIIIness of an
employee or any communicable disease in the employee’s household shall
be immediately reported to the plant manager. If an employee has a
communicable disease which may be transmitted by the products, or if
there is a case of such disease in his household to which he is exposed, he
shall not be allowed to work where he comes in contact directly or indirectly
with the products, unless accompanied by a doctor’s certificate. If at any
time, there is reason to doubt an employee’s fitness for work in the proc-
essing plant, the manager shall require the employee to have a physical
examination made by a registered physician.

If the results of the examination of the employee by the examining
physician show that the employee is not fit for such work, the examining
physician shall immediately notify the management of his findings, and
the recommendations of such physician shall be followed by management.

Employees shall present a neat personal appearance. No one shall
smoke or spit in any room where products are handled.

§ 8.1-560. Enforcement of article; rules and regulations; laboratory
tests.—The Virginia Commissioner of Agriculture and Immigration 1s au-
thorized and directed to administer the enforcement of this article. The
Virginia State Board of Agriculture and Immigration is authorized to
prescribe rules and regulations to carry out its purposes; to provide for
such periodic inspections and investigations as it may deem necessary to
disclose violations; to receive and provide for the investigation of com-
plaints; and to provide for the institution and prosecution of civil or
criminal actions or both. The provisions of this article and the rules and
regulations issued in connection therewith may be enforced by injunction
in any court having jurisdiction to grant injunctive relief, and adulterated
or misbranded articles illegally held or otherwise involved in a violation
of this article or of said rules and regulations shall be subject to seizure
and disposition in accordance with an order of court.

Bacterial counts, coliform determinations, phosphatase tests, efficiency
of bactericidal treatments and other laboratory tests shall conform to the
procedures in the latest edition of the “Standard Methods for the Exam-
ination of Dairy Products,” except that a modified Roese-Gottlieb test,
such as the Mojonnier or Dietert, may be used in making official determina-
tions of the butterfat and total solids content of frozen dairy food products.

§ 8.1-561. Permits for manufacture—wWithin thirty days after
June 29, 1956, every person, firm or corporation engaged in the manu-
facture of any of the foods covered by § 3.1-546 through 3.1-562 of the
Code of Virginia shall make application to the Virginia Commissioner of
Agriculture and Immigration on a form prescribed by him for permit to
manufacture such foods or any of them.

A separate application shall be made for each establishment where
such foods are manufactured or are to be manufactured.

The said Virginia Commissioner of Agriculture and Immigration, upon
receipt and approval of such application properly executed, shall issue a
permit authorizing the applicant to engage in the manufacture of such
foods as are described in the application, provided, however, the Com-
missioner may refuse to issue a permit or renew a permit or may suspend
or revoke a permit in the case of any establishment which does not meet
the requirements of this article or any rule or regulation promulgated
for its administration and enforcement. Such permit shall be renewable
on July first of each year. All applications for permits and renewals
thereof shall be accompanied by a payment of a ten dollar fee.

§ 3.1-562. Violation of article—Any person, firm or corporation
which by itself, its agents or employees, violates any provision of this
article shall be guilty of a misdemeanor.

Article 6
Licensing Creameries, Plants and Stations

§ 3.1-568. Application for license accompanied by fee.—It shall be
the duty of the proprietor or proprietors of every creamery, cheese plant,
condensed milk plant, ice cream plant, milk distributing plant, and milk
and cream buying station in this State where milk or cream is received,
by purchase or otherwise, to apply to the Commissioner, upon blanks fur-
nished by the Commissioner, for a license for each separate place of busi-
ness, the application to be accompanied in each case by a license fee of
ten dollars.

§ 8.1-564. Issuance, display and duration of license.—The license
shall be issued by the Commissioner, after an adequate inspection by an
authorized representative or agent of the Commissioner, and the license
issued shall be displayed in a conspicuous place in the office or on the
inside wall of the creamery, plant or station for which issued. All such
licenses shall expire on the thirty-first day of December next following the
date of issuance.

§ 3.1-565. License conditioned on compliance; revocation.—The
license shall be conditioned on the compliance with the provisions of this
article by the licensee, or by his employees acting within the scope of their
employment, and the failure so to comply shall be a ground for the revoca-
tion of the license.

§ 3.1-566. Annual report to Commissioner.—It shall be the duty of
the proprietor or proprietors of every creamery, cheese plant, condensed
milk plant, ice cream plant, milk distributing plant and milk or cream
buying station in this State, where milk or cream is received, by pur-
chase or otherwise, to file on or before April first of each year, upon blar
furnished by the Commissioner a report with the Commissioner showing
the amount of milk and cream received by the creamery, cheese plant,
condensed milk plant, ice cream plant, milk distributing plant or milk
or cream buying station during the year ending December thirty-first next
preceding; the report shall also show the amount of butter, cheese, con-
densed milk, ice cream and other dairy products manufactured during such
year.

§ 3.1-567. Records.—Records of the purchase of cream shall be kept
at each such creamery, plant or station, and shall show the date of pur-
chase, the net pounds of cream purchased, the test for butterfat, the price
per pound of butterfat, and the total amount paid therefor, in such manner
as may be required by the Commissioner. When payment for cream is
made in cash, a receipt signed by the person to whom such payment is
made shall be kept among the records. When payment is made by check, the
cancelled checks shall be returned within thirty days from the date of
clearance and kept at each such creamery, plant or station from which
such creamery, plant or station from which such checks were issued, for
a period of six months from the date of such clearance, unless facsimile
impression copies of all such checks or receipts are kept among the records.
All such records shall be available for inspection by any authorized repre-
sentative or agent of the Commissioner, including the record of payment
therefor. The falsification of such records, or the failure to keep the same
in the manner required by the Commissioner, including the record of pay-
ment therefor, or the false manipulation or over-reading or under-reading
of the Babcock test as a basis for payment in buying or selling, by the
holder of a license required by this article or by any employee of such
holder, shall be a ground for the revocation by the Commissioner of the
license of any such creamery, plant or station.

§ 3.1-568. Commissioner receives no extra compensation.—The du-
ties herein imposed upon the Commissioner shall be performed by him
without additional compensation.

§ 3.1-569. Penalty for violation—Any person or persons owning
or operating any creamery, cheese plant, condensed milk plant, ice cream
plant, milk depot, or milk distributing plant, or milk or cream buying
station, failing to comply with the provisions of this article shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be punished
by a fine of not less than ten nor more than one hundred dollars or con-
finement in jail not to exceed sixty days, or both.

§ 3.1-570. How license revoked.—Whenever it appears to the Com-
missioner that the provisions of this article have been violated, such viola-
tion shall be ground for revocation of license, but no license shall be re-
voked until the licensee has been accorded a hearing upon the merits of
such revocation, of which hearing he shall be notified in writing at
least ten days in advance of the date set for the same.
§ 8.1-571. Disposition of funds.—All funds derived from the license
taxes herein provided for shall be paid into the State treasury to the
credit of the general fund. Article 7

e

Importation of Sweet Cream and Ice Cream Miz

§ 3.1-572. Permit required and fee therefor.—It shall be unlawful
for any person outside of this State to send or cause to be sent into the
State any sweet cream or ice cream mix who does not possess an un-
revoked permit from the Commissioner, issued by the Director of the Di-
vision of Animal and Dairy Industry. The permit shal] be issued only
after the payment of a fee of twenty-five dollars.

§ 3.1-573. Condition and revocation of permit.—The permit shall
be conditioned upon a compliance by the applicant or holder with all of
the provisions of this article and may be revoked for any violation of such
provisions. 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.

§ 8.1-574. Renewal of permit.—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.

§ 3.1-575. Compliance with Virginia requirement.—All plants out-
side of the State from which sweet cream or ice cream mix are being
shipped into the State shall conform to the requirements of this State,
applicable to sweet cream for manufacture into ice cream and ice cream
mix respectively, on building, equipment, sanitary methods and quality
of product.

§ 3.1-576. Inspection of out-of-state plants—The Director of the
Division of Animal and Dairy Industry of the Department of Agriculture
and Immigration shall at frequent intervals and at least once in each year
inspect every such plant; provided that in lieu of such inspection, the
Director may accept certificates of inspections made by approved city or
State inspection services. The person owning and operating such plants,
or applying for, or holding permits on the same, shall pay all expenses
incident to such inspections. The Director of the Division of Animal and
Dairy Industry or his representative shall be permitted to inspect the
premises of the shipper and producers at all times.

§ 3.1-577. Bacteria count, preservatives and acidity—No sweet
cream shall be imported into the State that contains more than two hundred
thousand bacteria per cubic centimeter, and no ice cream mix that con-
tains more than one hundred thousand bacteria per cubic centimeter, nor
shall sweet cream contain any neutralizer, preservative or other adulterant.
The acidity of such sweet cream shall not exceed two-tenths of one per
cent, and the average reduction time under the reductase test shall be not
less than three and one-half hours.

§ 3.1-578. Marking containers and giving notice of shipments.—The
shippers shall plainly mark on each container of sweet cream or ice cream
mix shipped into the State the following information: (a) The name and
address of the consignor and of the consignee; (b) The description of the
contents; (c) The importation permit number; (d) The date of shipment,
and the date of pasteurization if pasteurized.

The shipper shall notify the Director of the Division of Animal and
Dairy Industry of every shipment of sweet cream or ice cream mix into
the State, and such notice shall include the amount of such shipment and
also all the other information hereinabove required to be shown on the
containers.

§ 3.1-579. Dairy farmers marketing own products.—The provisions
of this article as to permits and notice shall not apply to dairy farm
producers from other states marketing their own sweet cream in the state.

8.1-580. When unlawful to import or receive; inspection.—It shall
be unlawful for any person to bring, or cause to be brought, or import, or
receive, or have in possession any sweet cream or ice cream mix originating
from any source other than in the State except when shipped by a person
holding an unrevoked importation permit under this article, and unless the
containers are marked with the information specified in § 3.1-578. The
director of the Division of Animal and Dairy Industry or his authorized
representative, shall have authority at all times to inspect the premises of
any person within the State, when necessary for the purposes of enforcing
the provisions of this article.

3.1-581. Disposition of funds.—All funds collected under the pro-
visions of this article shall be paid into the State treasury to the credit
of the general fund.

Article 8

Filled Milk

§ 3.1-582. Sale a fraud upon the public.—Filled milk, as herein
defined, is declared to be adulterated article of food, injurious to the public
health, and that its sale constitutes a fraud upon the public. ;

§ 8.1-583. Definition——The term “filled milk’ means any milk,
cream or skimmed milk, whether or not condensed, evaporated, con-
centrated, powdered, dried, or desiccated, to which has been added, or
wee - been blended or compounded with, any fat or oil other than
milk fat.

§ 3.1-584. Manufacture, etc., unlawful.—lIt shall be unlawful for any
person, firm, corporation or association to manufacture, sell or exchange,
or have in possession with intent to sell or exchange, any filled milk under
any name whatsoever.

§ 3.1-585. Use of chocolate as a flavor not prohibited; articles to
which article is not applicable—Nothing in this article contained shall
be construed as prohibiting the use of chocolate as a flavor; nor shall this
article be construed as intended to apply to any article while the same
is under the protection of the interstate and foreign commerce clause of
the Constitution of the United States.

§ 3.1-586. Enforcement of article-—The Commissioner and his as-
sistants are charged with the enforcement of this article.

§ 3.1-587. Punishment for violation of article—Any person, or any
member or agent of any firm or association, or any officer, director or agent
of any corporation, violating any provision of this article, shall be guilty
of a misdemeanor, and, upon conviction, be fined not exceeding five hundred
dollars, or imprisoned in jail for not exceeding six months or both.

CHAP. 22
REGULATION OF BEE INDUSTRY

§ 3.1-588. Definitions—(a) The term “apiary” shall mean any
place where one or more colonies of bees are kept.

(b) The term “appliances” shall mean any apparatus, tools, machine,
or other device, used in the handling and manipulating of bees, honey,
wax, and hives. It shall also include any container of honey and wax
which may be used in any apiary or in transporting bees and their prod-
ucts and apiary supplies.

(c) The term “bees” shall mean any stage of the common honey bee,
Apis mellifera L.

(d) The term “bee diseases” shall mean American foulbrood or any
other disease pronounced detrimental to good bee keeping by the State
Entomologist.

(e) The term “bee equipment” shall mean hives, supers, frames, veils,
gloves, comb, honey and equipment.
(f) The term “colony” shall mean the hive and its appliances, in-
cluding bees, comb and equipment. ;

(g) The term “hive” shall mean frame hive, box hive, box, barrel,
log gum, skep or any other receptacle or container, natural or artifical,
or any part thereof, which may be used or employed as a domicile for

(h) The term “persons” shall mean individuals associations, partner-
ships and corporations. oo,

(i) The term “Queen Apiary” shall mean any apiary or premises 1n
which queen bees are reared or kept for sale or gift. .

—§ 3.1-589. Appointment of State Apiarist.—The Commission of Agri-
culture and Immigration is hereby authorized and directed to appoint a
competent State Apiarist, who shall have adequate experience and train-
ing in practical bee keeping, and who shall work under the direction and
supervision of the State Entomologist.

8 8.1-590. Duties of State Apiarist—The duties of the State Apia-
rist shall be to promote the science of bee keeping by education and other
means, to inspect or cause to be inspected apiaries, bee hives, and bee
keeping equipment within the State.

§ 3.1-591. Appointment of inspectors.—The State Entomologist is
authorized to appoint one or more competent assistants, if needed, with
or without pay, who shall be known as State bee inspectors. In the
appointment of such bee inspectors preference shall be given insofar as

ssible to such individuals as have the recommendation of the local bee
eepers or an association of bee keepers.

§ 3.1-592. Inspection on request of bee keepers.—Upon the written
request of one or more bee keepers in any county of the State, the State
Apiarist or the inspector shall examine the bees in that locality suspected
of being affected with foulbrood or any other contagious or infectious
diseases of bees, and, if found to be affected, shall cause suitable approved
measures to be taken for the eradication or control of such disease.

§ 3.1-993. Right of entry for purpose of enforcement.—For the en-
forcement of this chapter, the State Entomologist, the State Apiarist and
the State bee inspectors shall have authority to enter upon any private or
public premises, and shall have access, ingress and egress to and from all
apiaries or places where bees, combs, or apiary appliances are kept, for the
purpose of ascertaining the existence of the disease known as American
foulbrood or any other diseases known to be dangerous or detrimental to
good bee keeping.

§ 3.1-594. Quarantine zones.—If any of such diseases are found to
exist in an apiary it shall be the duty of the State Apiarist or bee in-
spector, subject to the approval of the State Entomologist, to declare
such apiary to be the center of a quarantine zone, which zone shall extend
three miles in every direction from the center.

§ 3.1-595. Steps to prevent spread of disease.—The owners of
bees kept in box hives within such zone shall transfer such bees to movable
frame hives. Whenever any infectious or contagious disease is found in
any apiary, or any owner of bees kept in box hives in a quarantine zone
fails to transfer such bees to movable frame hives, or whenever in either
case the owner of such apiary or bees fails or refuses to take such steps
as may be prescribed by the State Apiarist, to eradicate any infectious or
contagious disease from such apiary or bees, the State Apiarist shall cause
such bees together with the hives, honey, and appliances to be destroyed
in such manner as he may deem best, after first giving to the: owner of
such bees, hives, honey and appliances fifteen days’ notice thereof in
writing and an opportunity to be heard, and shall take such further steps
as he may deem necessary to prevent spread of the disease.

§ 8.1-596. Appeal from decision of State Apiarist.—Any such owner
may, within ten days from the receipt of such notice, appeal from the
decision of the State Apiarist to the circuit court of the county or corpora-
tion court of the city in which such bees, hives, honey and appliances are
located, by filing therein a petition setting forth the facts and making the
State Apiarist a party defendant. Such appeals shall be heard and deter-
mined by the court as expeditiously as possible.

§ 3.1-597. Consent necessary for sale from diseased colonies.—No
owner, possessor, agent or lessee of any apiary, honey or appliances, shall
sell, barter, give away or remove from the premises, without the consent
in writing of the State Apiarist, any bees or equipment from di
colonies, provided, that honey from such premises may be sold in closed
containers for commercial purposes but not with bees nor for food for

§ 3.1-598. Removal from diseased apiary may be forbidden.—The
State Apiarist shall have authority to forbid the removal of bees, honey,
wax, combs, hives or other used bee keeping equipment from any apiary
known to have a contagious disease until all colonies in such apiaries shall
have been inspected and the disease found to be completely eradicated.

§ 3.1-599. Giving false information or resisting or hindering of-
ficials—It shall be unlawful for any person to give false information in
any matter pertaining to this chapter, or to resist, impede, or hinder the
State Entomologist, the State Apiarist or inspector in the discharge of
his or their duties.

§ 3.1-600. Precautions required of officials to prevent spread of
disease.—After inspection of infected bees or fixtures for handling diseased
bees the State Apiarist or inspector shall, before leaving the premises, or
proceeding to any other apiary, take such measures as shall prevent the
spread of the disease by infected material adhering to his person or cloth-
ing or to any tools or appliances used by him, which may come in contact
with infected materials.

§ 3.1-601. Rearing queen bees.—No person in the State engaged in
rearing queen bees for sale, shall use honey in the making of candy for
use in mailing cages. Every person engaged in rearing queen bees
shall have his queen rearing and queen mating apiary or apiaries inspected
at least once during each summer season by the State Apiarist or inspector
and on the discovery of the existence of any disease which is infectious or
contagious in its nature and injurious to bees in their eggs, larval, pupal
or adult states, such person shall at once cease to ship queen bees from such
diseased apiary until the State Apiarist shall declare the apiary free from
disease and issue a certificate to that effect.

§ 3.1-602. Duty of keepers as to hives.—It shall be the duty of
all persons engaged in bee keeping to provide movable frames in all hives
used by them to contain bees, and to cause the bees in such hives to
construct brood combs in such frames so that any of the frames may be
removed from the hive without injuring other combs in such hive. It shall
be the duty of any person keeping bees within the State to securely and
tightly close the entrance of any hive in apiaries not free from disease
in which the bees shall have died either during the winter or at any other
time, and to make the hive tight in such manner that robber bees cannot
enter or leave such hive or obtain honey therefrom. The sealing of such
hives must be maintained so long as the hives remain in the yard or in any
place where honey bees can gain access to them.

3.1-603. Notice of diseased colonies.—It shall be the duty of any
person keeping bees in the State to notify the State Apiarist immediately
upon receipt of knowledge of diseased colonies affected with contagious
diseases in his or neighboring apiaries, provided such person is not experi-
enced in treatment of brood diseases and does not care to destroy by fire
such infected colonies or equipment through personal efforts.
§ 3.1-604. Certificate necessary for removal to another county.—No
person shall move bees or used beekeeping equipment from one county to
another in this State unless accompanied by a valid State or federal certifi-
cate of inspection for the current calendar year.

§ 3.1-605. Certificate to accompany bees in combless packages
brought into State.—All bees in combless packages which may be brought
into this State from other states or other countries shall be accompanied by
a certificate of health issued by the proper official of the place of origin.
The transportation of bees in combless packages into this State without
such certificate of health by any person or persons is expressly prohibited.

§ 3.1-606. Bringing bees and used bee equipment into Virginia;
when permitted; inspection after bees enter Virginia.—No person shall
bring into this State any bees on combs, empty used combs, used hives or
other used apiary appliances from any other state or country without first
having received a permit so to do from the State Apiarist of this State.
This permit shall be issued only upon receipt of satisfactory proof that said
bees and used beekeeping appliances are free from disease. Said permit
shall be attached to outside of container of bees or goods so transported.
Bees brought into this State shall be subject to inspection at any time after
entering this State, at the discretion of the State Apiarist.

§ 3.1-607. Permit as prerequisite to sale or removal.—No bees,
combs, or used beekeepers’ supplies shall be sold or offered for sale or
removed from the premises without having been inspected by the State
Apiarist or inspector and a permit issued by him authorizing sale and
removal.

§ 3.1-608. Registration of shippers.—All shippers of bees and queens
in the State shall register with the State Entomologist.

§ 3.1-609. Unsanitary condition in operation of honey houses.—
Whenever it is determined by the State Apiarist or inspector, that unsani-
tary conditions exist or are permitted to exist in the operation of any honey
houses or building or portion of a building in which honey is stored, graded
or processed, the operator or owner of such honey houses or buildings shall
be first notified and warned by the State Apiarist or inspector to place such
honey house or building in a sanitary condition within a reasonable length
of time. Failure to correct the unsanitary condition referred to in this
section by the owner or operator, after notification by the State Apiarist,
shall constitute a violation of this chapter and shall be dealt with as pro-
vided herein.

§ 3.1-610. Violation of chapter.—Any person knowingly violating
any of the provisions of this chapter or any order or quarantine regulation
issued by authority of this chapter or interfering in any way with the duly
appointed representatives of the Commissioner of Agriculture and Immi-
gration of this State in the discharge of the duties herein specified shall be
deemed guilty of a misdemeanor and upon conviction shall be punished by a
fine of not less than ten dollars nor more than one hundred dollars for each
offense or by imprisonment in jail not exceeding ninety days, or by both
such fine and imprisonment.

CHAP. 23

APPLES
Article 1
Grading, Packing and Marking
§ 8.1-611. Definitions —As used in this article unless the context
otherwise requires :
(a) “Commissioner” means the Commissioner of Agriculture and
Immigration.
(b) “Board” means the Board of Agriculture and Immigration.
(c) “Closed package” or “package” includes any containers of any
description containing apples, except those otherwise exempt under this
article which are enclosed on all sides, and includes boxes, barrels, baskets
and bags of any size or material.

(d) “Used package” means any package which may have been used
for packing apples or other commodities. ;

(e) All other words and terms shall be defined as in Chapter 2 of Title
1 of the Code of Virginia.

§ 3.1-612. Marking packages; contents to conform to markings.—
No apples, except apples for delivery for processing or packing or to a
storage for packing, shall be sold, packed for sale, offered for sale or trans-
ported for sale, in closed packages, unless:

(a) Each such package bears conspicuously in plain words and figures
on the outside, or a durable stuffer within and readily readable from the
outside, showing the correct size, minimum quantity and correct variety of
the apples in the package, one of the official standard grades for apples
established by the Board under this article, and the name of the grower or
packer, and

(b) The apples in each such package conform to the markings appear-
ing on such package.

§ 3.1-613. Packing in used packages.—When apples are packed in
used packages, any markings pertaining to previous contents of such pack-
ages shall be obliterated and the markings required under this article shall
be substituted.

§ 3.1-614. Prima facie evidence of being offered or transported for
sale.—When packages of apples are placed in transit for sale or delivery or
delivered to a storage for storage, such transit or delivery shall be prima
facie evidence that the apples are offered or transported for sale.

§ 3.1-615. Rules and regulations; standard grades.—In order to pro-
vide for the orderly marketing of apples and the protection of the purchas-
ing public, the Board shall have the power to adopt reasonable rules and
regulations for the enforcement of this article.

The Board shall establish and promulgate from time to time official
standard grades for apples by which the quality, quantity and size may be
determined. Before establishing such official standard grades, the Board
shall eonaie with the Board of Directors of the Virginia Horticultural

iety.

§ 3.1-616. Enforcement of article—The Board is charged with the
enforcement of this article and for that purpose the Board or its authorized
agents shall have power:

(a) To enter and inspect all premises and places within the State
where apples are produced, packed or stored for sale, shipped, delivered for
shipment, offered or exposed for sale, or sold, and to inspect such places and
all apples, apple containers and equipment found in any such places.

(b) To institute injunction proceedings for violations of any provision
of this article or regulation adopted hereunder in any court of competent
jurisdiction in any county or city of the State where apples may be found
improperly marked in violation of any provision of this article, either
through the Commonwealth’s attorney or otherwise.

(c) To prohibit in writing the movement in intrastate, interstate or
foreign commerce of any apples found improperly marked in violation of
any provision of this article or regulation adopted hereunder until such
apples have been properly marked under this article or regulation adopted
hereunder and released in writing by the Board or its authorized agent.

§ 3.1-617. Penalty for violation—Any person, firm, corporation,
organization or association, except a contract or common carrier, who or
which moves cr causes to be moved any apples, the movement of which has
been prohibited in writing as provided in § 3.1-616, shall be guilty of a
misdemeanor and shall be punished by a fine of not less than one hundred
dollars nor more than five hundred dollars for each such offense.
§ 8.1-618. Definitions.—As used in this article:

_ (1) The word “Commission” shall mean the Virginia Apple Commis-
sion.

(2) The word “person” shall mean and include individuals, corpora-
tions, partnerships, trusts, associations, cooperatives, and any and all other
business units, devices and arrangements.

(3) The word “taxpayer” shall mean the person who first sells the
apples, subject to the tax imposed by this article, after they are removed
from the tree or the ground.

(4) The words “bushel crate” shall mean a container with a content of
not less than two thousand one hundred cubic inches nor more than two
thousand five hundred cubic inches.

§ 3.1-619. Referendum to fill vacancies on Commission.—Any tax-
payer in an apple-producing district who is liable in such district for, and
pays, the tax imposed by this article shall have the right to vote in a referen-
dum held to fill vacancies occurring on the Commission in such district.
The referendum shall be held as provided in Article 3 of this chapter.

§ 3.1-620. Funds administered by Commission; records and forms.—
(a) All funds levied and collected under this article shall be a
by the Commission.

(b) In addition to the powers conferred by Article 8 of this chapter,
the Commission shall] have authority to prescribe the records and forms
which taxpayers shall maintain in order to facilitate collection of the tax
and to require taxpayers to maintain such records and forms in such man-
ner as will show the amount of the tax due under this article.

§ 3.1-621. Excise tax levied.—There shall be levied on all ungraded
bulk apples produced in Virginia and sold for fresh consumption an excise
tax of two cents per bushel crate, or four cents per one hundred pounds if
sold by weight, and there shall be levied on all size two and one-quarter inch
and larger United States Number One canner grade, or better grade, apples
produced in Virginia and sold to fruit processors, fruit slicers, fruit freez-
ers, or others or sold for such processing, slicing, freezing, or other uses an
excise tax of four cents per one hundred pounds. Such tax shall be paid by
the taxpayer at the time and in the manner hereinafter provided. No tax
shall be due under this article on apples subject to the tax imposed by
Article 3 of this chapter of the Code.

§ 3.1-622. Report of apples sold.—Every taxpayer shall submit to
the Commission not later than December thirty-first of each year a signed
statement of all apples sold through December fifteenth by him during the
preceding crop season. Such apples shall be reported on forms prescribed
and furnished by the Commission. Any person who sells apples of the
preceding year’s production after December fifteenth shall file a signed
statement with the Commission not later than May thirty-first showing
such apples so sold by him.

§ 3.1-623. Time of payment of excise tax.—Fifty per centum of the
excise tax levied by this article shall be due and payable not later than
December thirty-first of each year and the balance not later than May
thirty-first of the following year. Any apples of a crop season which are
sold after May thirty-first of the following year shall be reported to the
Commission and the excise tax paid thereon within twenty days after the
end of the month in which such selling was done. Such excise tax shall be
paid to the Virginia State Apple Commission and by it promptly paid into
the State treasury to the credit of the Apple Merchandising Fund.

§ 3.1624. Records of taxpayer.—The taxpayer shall keep a com-
plete record of the apples sold by him and shall preserve such record and
forms for a period of not less than two years from the time such apples are
sold.

Such records and forms shall be established and maintained as re-
quired by the Commission. Such records and forms shall be open to the
inspection of the Commission and its duly authorized agents.

§ 3.1-625. Collection of unpaid excise tax and interest.—The tax
imposed by this article and unpaid on the date on which such tax was due
and payable shall bear interest at the rate of one per centum per month
from and after such due date until payment. If any person defaults in any
payment of the tax or interest thereon, the amount shall be collected by
civil action in the name of the Commonwealth at the relation of the Com-
mission, and the person adjudged in default shall pay the cost of such action.
The Attorney General, at the request of the Commission, shall forthwith
institute action in the proper court for the collection of the amount of any
tax past due under this article, including interest thereon.

§ 3.1-626. Apple Merchandising Fund.—All moneys levied and col-
lected under the provisions of this article shall be credited on the Comp-
troller’s books to a fund to be known as the “Apple Merchandising Fund.”
All moneys credited to the Apple Merchandising Fund are hereby appropri-
ated for the purposes herein set forth, and shall be used exclusively for the
administration and enforcement of this article and of Article 3 of this
chapter, including the collection of the taxes, the payment for personal
services and expenses of employees and agents of the Commission and the
payment of rent, services, materials and supplies necessary to effectuate
the purposes and objects of this article and of Article 3 of this chapter. The
unexpended balance of the Apple Merchandising Fund at the end of each
biennium shall not be transferred to the general fund of the State treasury.

§ 3.1-627. How moneys expended.—All moneys collected under this
article shall be expended by the Virginia State Apple Commission by war-
rants of the Comptroller on the State Treasurer issued on vouchers signed
by the duly authorized officer of the Commission.

§ 3.1-628. Failure to submit statement or report.—It shall be a mis-
demeanor for any taxpayer to fail to submit to the Commission any state-
ment or report required by this article, within sixty days from the time
such statement or report is required to be submitted to the Commission
under this article.

§ 3.1-629. False reports or records; failure to keep or preserve rec-
ords.—It shall be a misdemeanor for any taxpayer knowingly to report
falsely to the Commission the quantity of apples sold by him during any
period or to falsify the records of the apples sold by him, or to fail to keep a
complete record of the apples sold by him, or to preserve such record for a
period of not less than two years from the time such apples are sold.

§ 3.1-630. State and county officers to assist in enforcement.—lIt
shall be the duty of all State and county law enforcement officers to assist
in the enforcement of this article.

Article 3
State Apple Commission

§ 3.1-631. Definitions.—As used in this article:

(1) The word “Commission” shall mean the Virginia State Apple
Commission.

_ (2) The word “person” shall mean and include individuals, corpora-
tions, partnerships, trusts, associations, cooperatives, and any and all other
business units, devices and arrangements.

(3) The word “packer” shall mean any person who first packs fresh
apples in a closed package for shipment or sale or who packs for shipment or
sale graded fresh apples in a container without a lid that is fastened thereto.
The word “packer” does not include any grower or other person who puts
fresh apples in a container and places the top on it for delivery to a packing
house or packing establishment for grading and subsequent packing in a
closed package for shipment or sale, but shall include any grower or other
person who packs graded fresh apples in a container without a lid that is
fastened thereto; in every such case the packer is the person who grades
such apples and packs them in a closed package for shipment or sale or in a
container without a lid that is fastened thereto.

(4) The word “bushel” shall mean a package with a content of not less
than two thousand one hundred forty cubic inches nor more than two
thousand five hundred cubic inches.

(5) The word “barrel’’ shall mean the United States standard barrel
containing approximately three bushels.

9 (6) The word “district”? means one of the districts set forth in § 3.1-

(7) The word “member” means a member of the Commission chosen
as provided in § 3.1-634.

§ 3.1-632. Commercial apple producing districts of Virginia.—The
commercial apple producing districts of Virginia and the counties and city
constituting the same are as follows:

Co I. Northern Virginia District—Frederick, Clark, Loudoun and Fairfax
unties.

II. Shenandoah—Rockingham, Shenandoah and Page Counties.

III. Mid Shenandoah Valley District—Augusta, Rockbridge and Buck-
ingham Counties.

Roanoke District—Bedford, Botetourt, Franklin, Floyd, Giles,
Montgomery, Pulaski, Patrick and Roanoke Counties.

V. Southwest Virginia District—Carroll, Smyth, Wise, Wythe, Dick-
enson, Grayson, Lee, Russell, Scott and Washington Counties.

VI. Southern Piedmont District—Albemarle, Amherst, Nelson, Char-
lotte, Halifax, Hanover, Isle of Wight, James City, Louisa, Lunenburg,
Nottoway, Prince Edward, Southampton and Surry Counties, and the city
of Newport News.

VII. Northern Piedmont District—Fauquier, Madison, Rappahannock,
Warren, Accomack, King William, Lancaster, Middlesex, Northampton,
Northumberland, Orange and Richmond Counties.

In any case in which the commercial production of apples begins in
any county not included above, such county shall be and become a part of
the nearest adjacent district; provided that if there are two or more such
districts such county shall become a part of that district which has the
lowest commerical apple production according to production records of the
Department of Agriculture and Immigration.

§ 3.1-633. Same; membership on Commission; additional represen-
tation.— Each district set forth in § 3.1-632 shall be entitled to at least one
member on the Commission chosen in the manner provided in § 3.1-634.
In addition, each district in which, for a five-year period, the average
annual production of apples is at least two million two hundred fifty thou-
sand bushels of apples a year, shall be entitled to elect an additional member
to the Commission. Further, each district in which, for a five-year period,
the average annual production of apples exceeds two million two hundred
fifty thousand bushels of apples a year, shall be entitled to elect an addi-
tional member to the Commission for each one million five hundred thousand
bushels of apples in excess of the above base figure. In any case such addi-
tional representation shall be afforded only while production remains at
least at the level on which such additional representation was afforded.
Production shall be as shown by the records of the Department of Agricul-
ture and Immigration.

The additional members to which a district may become entitled shall
ie een in the manner, at the time, and for the terms set forth in § 3.1-
§ 3.1-634. Appointment, qualifications, terms, chairman and compen-
sation of Commission.—There is hereby continued, within the Department
of Agriculture and Immigration, an agency known as the Virginia State
Apple Commission, consisting of at least seven members representing as
nearly as possible each important apple-producing section of Virginia
with the additional representation provided for under § 3.1-633 to be
members also and representing the districts from which chosen. Each
trie must be a citizen of Virginia and engaged in producing apples in

irginia.

The terms of the members in office on March three, nineteen hundred
fifty-eight, are continued to and shall expire on the date set forth in this
paragraph; the terms of the three members who have been members of the
Commission for the longest period of time shall expire July one, nineteen
hundred fifty-nine; the terms of the four remaining members shall expire
July one, nineteeen hundred sixty. In nineteen hundred sixty-four and
thereafter their successors in each case and the additional members, if
any, provided for under § 3.1-633, shall be elected for terms of two years
beginning July one. Such successors and the additional members, if any,
provided for under § 3.1-633, shall be elected in a referendum held by the
Commissioner of Agriculture and Immigration in the district for which a
vacancy will exist on the Commission. Any packer in such district who is
liable in such district and pays the tax imposed by this article shall have the
right to vote in the referendum held to fill such vacancy. The referendum
shall be by secret ballot and shall be held at least thirty days but not more
than ninety days before the expiration of the term of office of any member.
In any case of a vacancy occurring other than by the expiration of the term
of office such vacancy shall likewise be filled by a referendum held to elect
a member for the unexpired term. The candidate receiving the highest
number of votes in a referendum held hereunder shall thereupon be ap-
pointed by the Commissioner of Agriculture and Immigration as a member
of the Commission. The Commission may make and enforce rules and regu-
lations governing the conduct of the referendums and voting thereon.

The Commission shall elect one of its members as chairman. The mem-
bers of the Commission shall serve without compensation but they shall be
reimbursed for actual expenses incurred in attending meetings of the
Commission.

§ 3.1-685. Powers and duties.—(a) All funds levied and collected
under this article shall be administered by the Commission.

(b) It shall be the duty of the Commission to plan and conduct cam-
paigns of education, advertising, publicity, sales promotions, and research
for the purpose of increasing the demand for, and the consumption of,
Virginia apples, and the Commission may make contracts, expend moneys
of the Apple Merchandising Fund and do whatever else may be necessary
to effectuate the purposes of this article.

(c) The Commission shall have authority to cooperate with other
State, regional and national agricultural and horticultural organizations in
research, advertising, publicity, education, and other means of promoting
the sale and use of apples, and to expend moneys of the Apple Merchandising
Fund for such purposes.

(d) The Commission shall have authority to appoint a secretary and
such other employees as may be necessary, at salaries to be fixed by the
Commission, subject to the provisions of the Virginia Personnel Act.

(e) The Commission shall have authority to prescribe the records and
forms which packers shall maintain in order to facilitate collection of the
tax and to require packers to maintain such records and forms in such
manner as will show the amount of tax due under this article.

§ 3.1-636. Bond of employees.—All employees handling money under
this article shall be required to furnish surety bonds.
§ 8.1-687. Excise tax levied.—There shall be levied on all apples
packed in closed packages, or in containers without a lid that is fastened
thereto, in Virginia, which apples were produced in Virginia, an excise tax
of four cents per bushel, twelve cents per barrel, and on all other closed
packages, or in containers without a lid that is fastened thereto at the rate
of four cents per bushel. Such excise tax shall be paid by the packer of such
apples at the time and in the manner hereinafter provided. The tax shall
not apply to apples taxable under Article 2 of this chapter.

§ 3.1-638. Report of apples packed.—Every packer shall submit to
the Commission not later than December thirty-first of each year a signed
statement of all apples packed through December fifteenth by him during
the preceding crop season. Such apples shall be reported on forms pre-
scribed and furnished by the Commission. Any person who packs apples of
the preceding year’s production after December fifteenth shall file a signed
statement with the Commission not later than May thirty-first showing
such apples so packed by him.

§ 3.1-639. Time of payment of excise tax.—Fifty per centum of the
excise tax levied by this article shall be due and payable not later than
December thirty-first of each year and the balance not later than May
thirty-first of the following year. Any apples of a crop season which are
packed after May thirty-first of the following year shall be reported to the
Commission and the excise tax paid thereon within twenty days after the
end of the month in which such packing was done. Such excise tax shall be
paid to the Virginia State Apple Commission and by it promptly paid into
the State treasury to the credit of the Apple Merchandising Fund.

§ 3.1-640. Records and forms.—The packer shall keep a complete
record of the apples packed by him and shall preserve such record and
Forms for a period of not less than two years from the time such apples are
packed.

Such record and forms shall be established and maintained as required
by the Commission. Such record and forms shall be open to the inspection
of the Commission and its duly authorized agents.

§ 3.1-641. Collection of unpaid excise tax and interest.—The tax
imposed by this article and unpaid on the date on which such tax was due
and payable shall bear interest at the rate of one per centum per month
from and after such due date until payment. If any person defaults in any
payment of the tax or interest thereon, the amount shall be collected by
civil action in the name of the Commonwealth at the relation of the Com-
mission, and the person adjudged in default shall pay the cost of such action.
The Attorney General, at the request of the Commission, shall forthwith
institute action in the proper court for the collection of the amount of any
tax past due under this article, including interest thereon.

§ 3.1-642. Apple Merchandising Fund.—All moneys levied and col-
lected under the provisions of this article shall be credited on the Comp-
troller’s books to a fund to be known as the “Apple Merchandising Fund.”
All moneys credited to the Apple Merchandising Fund are hereby appro-
priated for the purposes herein set forth, and shall be used exclusively for
the administration and enforcement of this article, including the collection
of the taxes, the payment for personal services and expenses of employees
and agents of the Commission and the payment of rent, services, materials
and supplies necessary to effectuate the purposes and objects of this article.
The unexpended balance of the Apple Merchandising Fund at the end of
each biennium shall not be transferred to the general fund of the State

ury.

_ § 3.1-643. How moneys expended.—All moneys collected under this
article shall be expended by the Virginia State Apple Commission by war-
rants of the Comptroller on the State Treasurer issued on vouchers signed
by the duly authorized officer of the Commission.
3.1-644. Penalty for failure to submit statement or report.—lIt
shall be a misdemeanor for any packer to fail to submit to the Commission
any statement or report required by this article, within sixty days from the
time such statement or report is required to be submitted to the Commission
under this article.

§ 3.1-645. Penalty for false reports or records, or for failing to keep
records.—It shall be a misdemeanor for any packer knowingly to report
falsely to the Commission the quantity of apples packed by him during any
period, or to falsify the records of the apples packed by him, or to fail te
keep a complete record of the apples packed by him, or to preserve such
core for a period of not less than two years from the time such apples are
packed.

§ 3.1-646. State and county officers to assist in enforcement.—It
shall be the duty of all State and county law enforcement officers to assist
in the enforcement of this article.

CHAP. 24
PEANUTS

§ 3.1-647. Definitions.—As used in this chapter:

“‘Commission”’ shall mean the Virginia Peanut Commission.

“Processor” shall mean persons, individuals, corporations, partner-
ships, trusts, associations, cooperatives, and any and all other business
units, devices and arrangements who clean, shell or crush peanuts.

§ 3.1-648. Virginia Peanut Commission created; appointment of
members.—There is hereby created, within the Department of Agricul-
ture and Immigration, an agency to be known as the Virginia Peanut
Commission, consisting of nine members representing as nearly as possible
each important peanut producing section of Virginia. Such members shall
be appointed by the Commissioner of Agriculture and Immigration.

3.1-649. Qualifications and terms of members.—Each member
must be a citizen of Virginia and engaged in producing peanuts in Vir-
ginia. The members of the Commission shall serve for a term of three
years, provided that beginning with the first appointments three members
shall be appointed for terms of one year, three members for terms of
two years, and three members for terms of three years. The first terms
hereunder shall commence July one, nineteen hundred forty-eight.

§ 3.1-650. Chairman of Commission.—The Commission shall elect
one of its members as chairman.

§ 3.1-651. Expenses of members.—The members of the Commission
shall serve without compensation but they shall be reimbursed for actual
expenses incurred in attending meetings of the Commission.

§ 8.1-652. Administration of funds.—All funds levied and collected
under this chapter shall be administered by the Commission.

§ 3.1-653. Publicity, research, etc.—The Commission shall plan and
conduct campaigns for education, advertising, publicity, sales promotion
and research as to Virginia peanuts.

§ 3.1-654. Contracts, expenditures, etc., to effectuate purposes of
chapter.—The Commission may make contracts, expend moneys of the
Peanut Fund, and do whatever else may be necessary to effectuate the
purposes of this chapter.

§ 3.1-655. Cooperation with other organization.—The Commission
may cooperate with other state, regional and national agricultural
and peanut organizations in research, advertising, publicity, education, and
other means of promoting sale and use of peanuts, and may expend moneys
of the Peanut Fund for such purpose.

§ 3.1-656. Secretary and other employees.—The Commission may
appoint a secretary and such other employees as may be necessary at sal-
aries to be fixed by the Commission, subject to the provisions of Chap. 9
of Title 2. All employees handling money under this chapter shall be re-
quired to furnish surety bonds.

§ 8.1-657. Levy of excise tax.—There is hereby levied on all peanuts
grown in and sold in this State for processing, beginning with the nineteen
hundred sixty-four crop, an excise tax of two cents per hundred pounds;
provided that peanuts sold for seed shall not be subject to such tax, nor
shall any peanuts be subject to such tax after the tax thereon has been
once paid.

§ 3.1-658. Processor liable for collection and payment of tax.—The
processor shall be liable for collecting the tax on all peanuts bought by
him and paying it into the State Department of Taxation to the credit of
the Peanut Fund. The tax collected between July first and December
thirty-first of each year shall be paid not later than February fifteenth of
the succeeding year, and the tax collected between January first and
June thirtieth shall be paid not later than July tenth of each year.

§ 3.1-659. Record to be kept by processor.—The processor shal]
keep a complete record of the amount of peanuts, subject to tax, bought by
him for a period of not less than two years. Such record shall be open to
the inspection of the State Tax Commissioner and his duly authorized

agents.

§ 3.1-660. Penalty and interest on delinquent tax.—If the tax im-
posed hereby is not paid when due the State Department of Taxation
shall immediately notify the taxpayer of such deficiency and shall add
thereto a penalty of five per centum of the amount due and if such de-
ficiency be not paid within thirty days from the date of such notice the
same shall bear interest at the rate of one-half of one per centum per
month, or fraction thereof, from the date the same was due, which shall be
collected as a part of the tax; provided that the Department may waive
or remit the penalty of five per cent, or a portion thereof, in its discretion
for good cause shown.

§ 3.1-661. Action to recover delinquent tax and interest.—If any
person be delinquent in any payment of the tax or interest thereon, the
amount shall be collected by civil action in the name of the Common-
wealth at the relation of the State Tax Commissioner, and the person ad-
judged in default shall pay the cost of such action. The Attorney General,
at the request of the Commissioner, shall forthwith institute action in the
proper court for the collection of the amount of any tax past due under
this chapter, including interest thereon.

§ 3.1-662. Creation and administration of Peanut Fund.—All mon-
eys levied and collected under the provisions of this chapter, after de-
ducting the expense to the State of collecting the same, shall be credited
on the Comptroller’s books to a fund to be known as the “Peanut Fund”
which is hereby created.

The costs of collecting the tax levied hereby shall be paid out of the
Peanut Fund and the net proceeds of such fund are hereby appropriated
for the purposes herein set forth, and shall be used exclusively for the ad-
ministration of this chapter, including payment for personal services and
expenses of employees and agents of the Commission, rent, services, ma-
terials and supplies necessary to effectuate the purposes and object of this
chapter. The unexpended balance of the Peanut Fund at the end of each
biennium shall not be transferred to the general fund of the State treasury.

§ 3.1-663. How moneys expended.—aAll moneys collected under this
chapter shall be expended by the Virginia Peanut Commission on war-
rants of the Comptroller on the State Treasurer issued on vouchers signed
by the duly authorized officer of the Commission.

§ 3.1-664. Making false report or falsifying records a mis-
demeanor.—It shall be a misdemeanor for any person knowingly to re-
port falsely to the Commission the quantity of peanuts subject to tax
bought by him during any period, or to falsify the records of the peanuts
subject to tax bought by him.

§ 3.1-665. Failure to make returns a misdemeanor.—Any person
subject to the provisions of this chapter who shall fail to make the re-
turns, or any of them, as herein required, or who shall fail to keep the
records as herein required, shall be guilty of a misdemeanor. Each month
of such failure shall constitute a separate offense.

CHAP. 25
SWEET POTATOES

§ 3.1-666. Legislative findings; purpose of chapter.—Subject to
§ 3.1-674, the General Assembly finds and declares that sweet potatoes are
important to the prosperity of this State and are a major source of income
to a large segment of the State’s population. Additional research, educa-
tion, publicity, advertising and other means of promoting the sale and use
of sweet potatoes are required to enhance the economical production and
orderly marketing of sweet potatoes and will be beneficial to the State
asawhole. This legislation is adopted in furtherance of these purposes.

§ 3.1-667. Declaration of public interest; definitions.—Subject to
§ 3.1-674, the General Assembly hereby declares it to be in the public
interest that farmers producing sweet potatoes be permitted to express in
a separate advisory referendum whether taxes and assessments should be
levied upon sweet potatoes with revenues therefrom to be used in en-
couraging an expanded program of research, education, publicity, advertis-
ing and other means of promoting the use of sweet potatoes. The word
“farmer” as used herein shall include all producers of sweet potatoes in
this State as defined in § 3.1-670. The word “county” shall include also
cities and towns in which sweet potatoes are a source of income.

§ 3.1-668. Petition for referendum on question of levying tax and
action of Board thereon; amount of tax; expenses of referendum.—The
State Board of Agriculture, hereinafter referred to as “State Board”,
upon a petition being filed with it by the Virginia Sweet Potato Associa-
tion, Inc., requesting an advisory referendum and upon finding that suf-
ficient interest exists among the producers of sweet potatoes in this State
to justify a referendum, shall authorize the holding of a referendum as
hereinafter set forth. The Commissioner of Agriculture, hereinafter re-
ferred to as “Commissioner”, or his designated agents, shall thereupon be
fully empowered and directed to hold and conduct a referendum on the
question of whether or not the farmers in this State who are the pro-
ducers of sweet potatoes are of the opinion that such additional research,
education, publicity, advertising and other means of promotion are re-
quired. If approved in the referendum authorized by this chapter the
tax shall be one cent per bushel or similar container (or fifty pound crate
or carton). Upon filing the petition under the authority of this section,
the Virginia Sweet Potato Association, Inc., shall thereby agree to pay all
expenses or costs of the holding of such referendum, if the same is de-
termined to be held, and the Association shall become indebted for and
shall pay all such expenses. The expenses mentioned herein shall not in-
clude payment for services of any employee of the Department of Agricul-
ture or the Virginia Extension Service.

§ 3.1-669. Commissioner to arrange for and manage referendum;
notice to be posted.—The Commissioner with the assistance of the Vir-
ginia Agricultural Extension Service and the Virginia Sweet Potato As-
sociation, Inc., hereinafter referred to as the “Association”, shall arrange
for and manage any referendum conducted under this chapter. The Com-
missioner shall, sixty days before the date upon which a referendum is to
be held, fix, determine and publicly announce by posting on the front door
of the courthouse in each county in which sweet potatoes are produced the
date, hours, and polling places or other ways for voting in such referen-
dum, the amount to be collected, the sources thereof, the means by which
such sums shall be collected and the general purposes for which the funds
so collected shall be applied.

§ 3.1-670. Persons eligible to vote.—Each farmer who sold at least
three hundred bushels of sweet potatoes commercially during the year
next preceding the date of the referendum held pursuant to this chapter
shall be eligible to vote in such referendum, provided that he shall so
certify on forms which shall be prepared by the State Board. Any per-
son meeting such requirements shall be eligible to vote in the referendum
but no person shall be required to be a qualified voter in other respects.

§ 3.1-671. Rules governing ballots, conduct of referendum, canvas-
sing, etc.—The State Board shall further adopt rules governing the ballots
to be used in the referendum, the conduct of the referendum, canvassing
the results thereof, and declaring the results of the referendum. Such
rules shall be adopted after consultation with the Association.

§ 3.1-672. Date of referendum, areas, hours, voting places, etc.; pub-
lication of notice.—The State Board after consultation with the Associa-
tion shall fix the date, areas, hours, voting places, rules and regulations
with respect to the holding of such referendum and may provide for voting
by mail if it deems it advisable, and the State Board shall mail copies
of the same to be published in each newspaper of general circulation in the
counties in which the referendum is to be held at least sixty days before
the holding of any such referendum under this chapter. Such notice, so
published shall contain, in addition to the other information herein required
the amount of the taxes or assessments proposed to be levied and the
purposes for which the proceeds shall be expended.

§ 3.1-673. Distribution of ballots, etc.; canvass and declaration of
results.—The Commissioner with the assistance of the Association and
the Virginia Agricultural Extension Service shall prepare and distribute in
advance of such referendum all necessary ballots, certificates and supplies
required for such referendum and shall under rules and regulations adopted
and promulgated by the State Board and with the assistance of the Asso-
ciation and the Virginia Agricultural Extension Service arrange for the
use of the necessary polling places. He shall, within ten days after such
referendum canvass and publicly declare the results thereof and certify
the same to the Governor and the State Board.

§ 3.1-674. Action of Governor if two thirds or more of voters favor
levy of tax.—The Governor shall examine all matters relating to the holding
of the referendum and whether two thirds or more of the farmers voting
in a referendum provided for under this chapter expressed themselves as
favoring additional research, education, publicity, advertising and other
means of promotion and the levying of the tax and assessment to support
the same. In addition, the Governor shall examine the general need for
such agricultural research and promotion of sweet potatoes and determine
whether or not such additional research, education, publicity, advertising
and other means of promotion are needed. If he finds that the same are
needed, he shall so proclaim and shall establish within the Virginia De-
pee ers Agriculture a Virginia Sweet Potato Commission as defined
in 1-678.

§ 3.1-675. Action of Governor if one third or more of voters oppose
levy of tax.—The Governor shall] examine all matters relating to the hold-
ing of the referendum and whether one third or more of the farmers voting
in a referendum provided for under this chapter expressed themselves as
opposing additional research, education, publicity, advertising and other
means of promoting the use of sweet potatoes and the levying of taxes
and assessment to support the same. In addition the Governor shall ex-
amine the general need for such research and promotion and determine
whether or not additional research, education, publicity, advertising and
other means of promotion are needed. If he finds that the same are not
needed, he shall so proclaim.

§ 3.1-676. Subsequent referenda.—If the Governor issues a procla-
mation under § 3.1-675, the State Board may call, in the manner pre-
scribed in this chapter, another referendum in the next succeeding year
for the purposes specified in § 3.1-667 or in any year in which a petition is
filed with the State Board under § 3.1-668. If the Governor issues a
proclamation under § 3.1-674 then no other referendum shall be held on
the product which was the subject of the proclamation until after the ex-
piration of five years from the effective date of the imposition of the tax
or assessment, but at the expiration of the said five-year period another
referendum shall be had in the manner herein provided in order to de-
termine whether such taxes or assessments shall continue to be levied for
an additional five-year period.

§ 3.1-677. Questions to be printed on ballots.—The question to be
printed on the ballots used in the referendum held under this chapter, un-
less otherwise specified herein, shall be as follows:

Do you favor additional research, education, publicity, advertising
and other promotion of sweet potatoes and the levy of tax or assessment
of (here insert the amount of the tax to be levied) in accordance with
the provisions of this chapter to support the same?

Yes (J

No [J

§ 3.1-678. Virginia Sweet Potato Commission established; member-
ship ; officers; compensation ; powers and duties.—The Virginia Sweet Po-
tato Commission is hereby established within the Virginia Department of
Agriculture. The Commission shall be composed of seven members ap-
pointed by the Governcr from nominations by the Association; the terms
of the members shall run concurrently with the term of the Governor
making the appointment but vacancies occurring before the expiration of
such terms shall be filled by the Governor for the unexpired term. The
Commission shall elect a chairman, vice chairman and such other officers
as may be required. The Commission shall have charge of the management
and expenditure of the Virginia Sweet Potato Fund established in the
State treasury. The Commission may establish an executive committee
and charge it with such powers, duties and functions as the Commission
deems proper. The members of the Commission shall receive a per diem
of ten dollars, for each day spent in attendance at meetings of the Commis-
— Len shall be reimbursed for actual expenses incurred in such
attendance.

The Commission shall have power to expend funds to provide for pro-
grams of research, education, publicity, advertising and other promotion
of sweet potatoes, to manage the funds so as to accumulate a reserve for
contingencies, to establish an office and employ such technical, professional
and other assistants as may be required, to contract for research, pub-
licity, advertising and other promotional services, and to take all such
measures as will assist in strengthening and promoting the best interests of
farmers producing sweet potatoes.

The chairman of the Commission shall make a report at each annual
meeting of the Commission and furnish the members of the Commission
with a statement of the total receipts and disbursements for the year.
He shall file a copy of such report with the Commissioner and shall make
copies of such report available for publication.

§ 3.1-679. Handler to deduct tax from payment to farmer; report
and payment of tax by handler.—For the purpose of carrying out the pro-
visions of this chapter, the packer, shipper, processor or handler, herein-
after referred to as “the handler’, of sweet potatoes who purchases from
the farmer shall deduct from payments made to the farmer for sweet po-
tatoes the amount of the tax levied thereon and shall remit such tax or
assessment to the Commission in the manner and at the time hereinafter
provided. The term “handler” also includes grower-shipper who packs,
processes, or performs the function of handler for a portion or all of his
product. The report to the Commission shall be on forms prescribed and
furnished by the Commission and shall be a statement of the gross volume
of sweet potatoes which has been packed, shipped, processed or handled
by the handler and shall be filed with the Commissioner by the tenth day
of each month, covering sweet potatoes processed, shipped or handled dur-
ing the preceding month. The tax or assessment levied on sweet potatoes
shall be due and payable by the handler on the same day as the report is due.
Such tax or assessment shall be paid to the Virginia Sweet Potato Commis-
sion and shall be promptly paid into the State treasury to the credit of the
Virginia Sweet Potato Fund.

§ 3.1-680. Records to be kept by handlers.—The handler shall keep
a complete record of the sweet potatoes which have been packed, shipped,
processed or handled by him and shall preserve such records for a period of
not less than two years from the time such sweet potatoes were packed,
shipped, processed or handled. Such records shall be open to the inspection
of the Commission and its duly authorized agents and shall be established
and maintained as required by the Commission.

8 3.1-681. Interest on tax; collection of delinquent tax.—The tax or
assessment imposed under the provisions of this chapter and unpaid on the
date on which such tax was due and payable shall bear interest at the
rate of one per centum per month from and after such due date until paid.
If any person defaults in any payment of the tax or interest thereon, the
amount shall be collected by a civil action in the name of the Common-
wealth at the relation of the Commission and the person adjudged in
default shall pay the costs of such action. The Attorney General at the
request of the Commission shall institute such action in the proper court
for the collection of the amount of any tax past due under this chapter
including interest thereon.

§ 3.1-682. Virginia Sweet Potato Fund; Commission may cooperate
with other agencies.—All moneys levied and collected under the provisions
of this chapter shall be credited on the Comptroller’s books to a fund to be
known as the “Virginia Sweet Potato Fund.” All moneys credited to the
Virginia Sweet Potato Fund are hereby appropriated for the purposes set
forth in this chapter. In carrying out the purposes of this chapter, the
Commission shall have the authority to cooperate with other State, re-
gional, and national agricultural organizations in research, education, pub-
licity, advertising and other promotional activities. The unexpended bal-
ance of the Virginia Sweet Potato Fund at the end of each biennium
shall not be transferred to the general fund of the State treasury.

§ 3.1-683. Expenditures.—All moneys collected under this chapter
shall be expended by the Virginia Sweet Potato Commission by warrants
of the Comptroller on the State treasury issued on vouchers signed by the
duly authorized officer of the Commission.

§ 3.1-684. Misdemeanors.—It shall be a misdemeanor for any
handler knowingly to report falsely to the Commission the quantity of
sweet potatoes handled by him during any period or to falsify the records
of the sweet potatoes processed or handled by him, or to fail to keep a
complete record of the sweet potatoes processed or handled by him, or to
preserve such record for a period of not less than two years from the time
such sweet potatoes are processed or handled.