§ 3.1-425. (Repealed effective October 1, 2008) Definitions
As used in this article, unless otherwise stated and unless the context or subject matter clearly indicates otherwise:
"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 Commonwealth:
I. Persons, irrespective of whether any such person is a 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 premises, (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 Commonwealth, who purchase, market or handle milk for resale as fluid milk in the Commonwealth.
"Producer" means any person, irrespective of whether any such person is also a distributor, who produces milk for sale as fluid milk in the Commonwealth.
"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 Commonwealth, 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; including milk that is cooled, pasteurized, standardized or otherwise processed 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 distributor or an affiliate of a distributor has, or several distributors collectively 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 administer the operation of the article in each market area operating under the provisions of this article, to be known as the "milk board" of the particular market area in which it functions.
"Books and records" mean books, records, accounts, contracts, memoranda, 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 Consumer Services, 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 regulations adopted by the dairy and food divisions, or by the board of health of any county or municipality.
(Code 1950, § 3-346; 1966, c. 702.)Sections: Previous 3.1-420 3.1-421 3.1-422 3.1-423 3.1-424 3.1-425 3.1-426 3.1-426.1 3.1-426.2 3.1-427 3.1-428 3.1-429 3.1-430 3.1-431 3.1-432 Next
Last modified: April 2, 2009