Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Chapter 21 Milk, Milk Products And Dairies

3.1-420 (Repealed effective October 1, 2008) Duty of Commissioner to foster dairy industry
It shall be the duty of the Commissioner of Agriculture and Consumer Services to foster and encourage the dairy industry of the Commonwealth, and for ...

3.1-421 (Repealed effective October 1, 2008) Warning and punishment of persons using or furnishing impure m...
Whenever it is determined by the Commissioner or his assistants that any person is using, selling or furnishing to any skimming station, creamery, cheese factory, ...

3.1-422 (Repealed effective October 1, 2008) Warning and punishment in regard to unsanitary conditions of a...
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 ...

3.1-423 (Repealed effective October 1, 2008) Penalty for adulterating milk
Whoever shall knowingly sell, supply, or bring to be manufactured, to any cheese or butter manufactory in this Commonwealth, any milk, diluted with water, or ...

3.1-424 (Repealed effective October 1, 2008) Sterilization of cans and other receptacles used as container...
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 ...

3.1-425 (Repealed effective October 1, 2008) Definitions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 ...

3.1-426 (Repealed effective October 1, 2008) Composition
The Milk Commission is hereby continued within the Department of Agriculture and Consumer Services. The Milk Commission shall report directly to the Commissioner of Agriculture ...

3.1-426.1 (Repealed effective October 1, 2008) Terms
The administrator of the Commission shall hold office at the pleasure of the Governor for a term concurrent with the term of the Governor making ...

3.1-426.2 (Repealed effective October 1, 2008) Meetings
The Commission shall meet on the call of the chairman or three of its members at such times as he or they may deem necessary, ...

3.1-427 (Repealed effective October 1, 2008) Compensation
The compensation of the administrator, the secretary and other employees of the Milk Commission shall be such as may be provided in accordance with law. ...

3.1-428 (Repealed effective October 1, 2008) Offices
The principal offices of the Commission shall be in the City of Richmond. (Code 1950, § 3-350; 1966, c. 702; 1979, c. 417.) ...

3.1-429 (Repealed effective October 1, 2008) Quorum
Three members of the Commission shall constitute a quorum. (Code 1950, § 3-351; 1966, cc. 526, 702.) ...

3.1-430 (Repealed effective October 1, 2008) 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 ...

3.1-431 (Repealed effective October 1, 2008) Grant of specific power not to impair general power
The operation and effect of any provision of this article conferring a general power upon the Commission shall not be impaired or qualified by the ...

3.1-432 (Repealed effective October 1, 2008) Public hearing before exercise of powers 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 ...

3.1-433 (Repealed effective October 1, 2008) Public hearing before withdrawal of exercise of powers from ma...
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 ...

3.1-434 (Repealed effective October 1, 2008) How hearings called
The Commission may on its own motion, call the hearings required by the two preceding sections, and shall call such hearings upon the written application ...

3.1-435 (Repealed effective October 1, 2008) Time, place and notice of hearing
Such hearings may be held at such time and place and after such notice as the Commission may determine. (Code 1950, § 3-357; 1966, c. ...

3.1-436 Description unavailable
Repealed by Acts 1974, c. 467. ...

3.1-437 (Repealed effective October 1, 2008) Fixing prices generally
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 ...

3.1-437.1 (Repealed effective October 1, 2008) Fixing minimum retail price; exemption
The Commission shall have no authority to establish a minimum retail price for milk, except upon a determination after public hearing that the absence of ...

3.1-438 (Repealed effective October 1, 2008) Accounting system for distributors; inspection and audit of bo...
The State Milk Commission is authorized and directed to prepare and promulgate a system of accounting designed to show for each distributor of milk and ...

3.1-439 (Repealed effective October 1, 2008) Licenses generally
The Commission may require all distributors in any market designated by the Commission to be licensed by the Commission for the purpose of carrying out ...

3.1-440 (Repealed effective October 1, 2008) Right of entry and inspection; publication of informatio...
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 ...

3.1-441 (Repealed effective October 1, 2008) Defining market areas
The Commission may define what shall constitute a natural market area and define and fix the limits of the territorial area within which milk shall ...

3.1-442 (Repealed effective October 1, 2008) Delegation of powers to milk 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 ...

3.1-443 (Repealed effective October 1, 2008) 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 ...

3.1-444 (Repealed effective October 1, 2008) 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 ...

3.1-445 (Repealed effective October 1, 2008) Application for license
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 ...

3.1-446 (Repealed effective October 1, 2008) Licenses to be in addition to those required by existing law...
The licenses required by this article shall be in addition to any other licenses required by existing laws of the Commonwealth or by any municipal ...

3.1-447 (Repealed effective October 1, 2008) Sanitary laws not repealed
Nothing in this article shall be construed to conflict with or repeal any laws now in force in the Commonwealth relating to any board of ...

3.1-448 (Repealed effective October 1, 2008) Appeals generally
Any person aggrieved by an order of the Commission refusing to issue or reissue a license, or revoking or suspending a license, to a distributor ...

3.1-449 (Repealed effective October 1, 2008) Special order of court allowing supersedeas
No such appeal shall, in either case stated in the preceding section (§ 3.1-448), act as a supersedeas except on a special order of the ...

3.1-450 (Repealed effective October 1, 2008) Procedure on 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 Commission as ...

3.1-451 (Repealed effective October 1, 2008) Penalties for failure to comply with subpoenas, etc.; compelli...
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 ...

3.1-452 (Repealed effective October 1, 2008) Annual budget; assessment of distributors and producers; bond ...
The Commission shall prepare an annual budget and shall collect the sums of money required for this budget from the licensed distributors in markets where ...

3.1-453 (Repealed effective October 1, 2008) Disposition of receipts from assessments
All receipts from assessments paid under this article shall be paid by the Commission to the State treasury to the credit of the "Milk Commission ...

3.1-454 through 3.1-457
Repealed by Acts 1974, c. 467. ...

3.1-458 (Repealed effective October 1, 2008) 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 ...

3.1-459 (Repealed effective October 1, 2008) Penalties
Any person violating any provision of this article or of any license issued by the Commission shall be guilty of a misdemeanor and may be ...

3.1-460 (Repealed effective October 1, 2008) Article inapplicable 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 ...

3.1-461 (Repealed effective October 1, 2008) Marketing agreements not deemed monopolistic or in restraint o...
The making of marketing agreements between producers' cooperative marketing associations and distributors and producer-distributors under the provisions of this article shall not be deemed a ...

3.1-461.1 (Repealed effective October 1, 2008) Southern Dairy Compact; form of compact
The Southern Dairy Compact is enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: ARTICLE ...

3.1-461.2 (Repealed effective October 1, 2008) Southern Dairy Compact Commission members
The Governor shall appoint five delegates from Virginia to represent the Commonwealth on the Southern Dairy Compact Commission, including two dairy farmers who are engaged ...

3.1-461.3 (Repealed effective October 1, 2008) Cooperation of departments, agencies and officers of the Commo...
All departments, agencies and officers of this Commonwealth and its political subdivisions are hereby authorized to cooperate with the Southern Dairy Compact Commission in furtherance ...

3.1-461.4 (Repealed effective October 1, 2008) Milk Commission powers preserved
Nothing in this article shall be construed to diminish or limit the powers and responsibilities of the Milk Commission established by Article 2 of this ...

3.1-462 Description unavailable
Repealed by Acts 1974, c. 467. ...

3.1-463 through 3.1-530
Repealed by Acts 1970, c. 49. ...

3.1-530.1 (Repealed effective October 1, 2008) Board authorized to establish standards, adopt regulations, et...
A. The State Board of Agriculture and Consumer Services is authorized to establish definitions, standards of quality and identity and to adopt and enforce regulations ...

3.1-530.2 (Repealed effective October 1, 2008) Conformity with recommendations, etc., of United States Depart...
In adopting regulations for the purpose of sanitation and to prevent deception, the Board shall be guided by those regulations recommended from time to time ...

3.1-530.3 (Repealed effective October 1, 2008) Powers and duties of Commissioner of Agriculture and Consumer ...
The Commissioner of Agriculture and Consumer Services or his agents shall administer and enforce the regulations adopted pursuant to § 3.1-530.1 except as hereinafter provided ...

3.1-530.4 (Repealed effective October 1, 2008) Powers and duties of State Health Commissioner and his agents...
The State Health Commissioner or his agents, pursuant to the regulations promulgated pursuant to § 3.1-530.1, shall issue permits to all plants which process and ...

3.1-530.5 (Repealed effective October 1, 2008) Sale of milk and milk products; not subject to local supervisi...
Products produced, processed or manufactured under the regulations adopted in accordance with the provisions of this article may be sold in all counties, cities and ...

3.1-530.6 (Repealed effective October 1, 2008) Importing of milk and milk products
No regulation adopted under this article shall be construed so as to prohibit the sale within the Commonwealth of any product which is produced outside ...

3.1-530.7 (Repealed effective October 1, 2008) Delegation of authority of commissioners
All authority vested in either of the commissioners by virtue of the provisions of this article may, with like force and effect, be executed by ...

3.1-530.8 (Repealed effective October 1, 2008) Injunctions
In the event of violation of any provision of this article or the regulations adopted thereunder, either commissioner may petition any appropriate court of record ...

3.1-530.9 (Repealed effective October 1, 2008) Penalties
Any violation of the provisions of this article, or the regulations adopted thereunder, or failure to comply with such provisions or regulations shall be a ...

3.1-530.10 (Repealed effective October 1, 2008) Civil penalties
A. In addition to the penalties prescribed in § 3.1-530.9, any person violating any provision of this article or regulation adopted thereunder may be assessed ...

3.1-530.11 (Repealed effective October 1, 2008) Excessive drug residue; penalty
A. For the purposes of this section: "Dairy farm" means any farm producing Grade A milk or milk for manufacturing purposes. "Excessive drug residue" means ...

3.1-531 Description unavailable
Repealed by Acts 1996, c. 723. ...

3.1-531.1 (Repealed effective October 1, 2008) No test or contrivance other than Babcock or other centrifuga...
No test or contrivance shall be used for the purpose of determining the composition of milk or cream as a basis for payment in buying ...

3.1-532 (Repealed effective October 1, 2008) Inspection of centrifugal machines and scales; condemnation th...
Every Babcock or other centrifugal machine, or cream test or butterfat test scale, used in this Commonwealth by any inspector of milk or cream or ...

3.1-533 (Repealed effective October 1, 2008) Manipulators of machines to procure certificates; renewal of c...
No inspector of milk or cream, and no person in any milk inspection laboratory, shall manipulate the Babcock or other centrifugal machine for the purpose ...

3.1-534 (Repealed effective October 1, 2008) To whom certificates issued
The Commissioner is authorized to issue certificates of competency to such persons desiring to manipulate the Babcock or other centrifugal machine or to sample or ...

3.1-535 (Repealed effective October 1, 2008) Rules governing applications for certificates; revocation by B...
The Board of Agriculture and Consumer Services is authorized to make and enforce rules governing applications for such certificates and the granting thereof and may, ...

3.1-535.1 (Repealed effective October 1, 2008) Regulations governing equipment, standards and procedure...
The State Board of Agriculture and Consumer Services shall have authority to promulgate and enforce rules and regulations governing the equipment, standards and procedures used ...

3.1-536 (Repealed effective October 1, 2008) Capacity of standard measurers, etc
In the use of the Babcock or other centrifugal machine, the standard milk measurer or pipettes shall have a capacity of seventeen and six-tenths cubic ...

3.1-537 (Repealed effective October 1, 2008) 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 ...

3.1-538 (Repealed effective October 1, 2008) 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 ...

3.1-539 (Repealed effective October 1, 2008) Test of measurers; inspection of machines and scales; right o...
The Commissioner shall inspect or cause to be inspected at least once each year every Babcock or other centrifugal machine or cream test or butterfat ...

3.1-540 (Repealed effective October 1, 2008) False manipulation and reading of tests
Any person who shall by himself or as the officer, servant, agent or employee of any person, firm or corporation, falsely manipulate or underread or ...

3.1-541 (Repealed effective October 1, 2008) 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. (Code 1950, § ...

3.1-542 (Repealed effective October 1, 2008) Commissioner to enforce article; persons exempt
It shall be the duty of the Commissioner to see that the provisions of this article are complied with, and he may in his discretion ...

3.1-543 Description unavailable
Repealed by Acts 1996, c. 723. ...

3.1-544 (Repealed effective October 1, 2008) Obstructing Commissioner; violations of article
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 ...

3.1-545 (Repealed effective October 1, 2008) "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 ...

3.1-545.1 (Repealed effective October 1, 2008) Civil penalties
A. In addition to the penalties prescribed in § 3.1-540 or § 3.1-544, any person violating any provision of this article or regulation adopted thereunder ...

3.1-546 through 3.1-562
Repealed by Acts 1970, c. 48. ...

3.1-562.1 (Repealed effective October 1, 2008) Authority of Board to establish standards, adopt regulations, ...
The State Board of Agriculture and Consumer Services is authorized to establish definitions, standards of quality and identity and to adopt and enforce regulations dealing ...

3.1-562.2 (Repealed effective October 1, 2008) Conformity with regulations, etc., of United States Departmen...
In adopting regulations for the purpose of sanitation and to prevent deception, the Board shall be guided by those regulations recommended from time to time ...

3.1-562.3 (Repealed effective October 1, 2008) Commissioner and his agents to enforce article; right of entr...
The Commissioner of Agriculture and Consumer Services and his agents shall administer and enforce the regulations adopted pursuant to this article. They are empowered in ...

3.1-562.4 (Repealed effective October 1, 2008) Sale of products; not subject to local supervision
Products produced, processed or manufactured under the regulations adopted in accordance with the provisions of this article may be sold in all counties, cities and ...

3.1-562.5 (Repealed effective October 1, 2008) Products produced outside Commonwealth
No regulation adopted under this article shall be construed so as to prohibit the sale within the Commonwealth of any product which is produced outside ...

3.1-562.6 (Repealed effective October 1, 2008) Permits; delegation of enforcement of article to State Health ...
Within thirty days after the adoption of initial regulations by the State Board of Agriculture and Consumer Services, every person, firm or corporation engaged in ...

3.1-562.7 (Repealed effective October 1, 2008) Injunctions
In the event of violation of any provision of this article or the regulations adopted thereunder, the Commissioner of Agriculture and Consumer Services may petition ...

3.1-562.8 (Repealed effective October 1, 2008) Detention of adulterated, misbranded, etc., products
Whenever any product subject to this article is found by any authorized representative of the Commissioner upon any premises where it is held and there ...

3.1-562.9 (Repealed effective October 1, 2008) Condemnation of adulterated, misbranded, etc., product...
Any product referred to by § 3.1-562.8 shall be liable to be proceeded against and condemned. At any time prior to the expiration of the ...

3.1-562.10 (Repealed effective October 1, 2008) Penalties
Any violation of the provisions of this article or the regulations adopted thereunder, or failure to comply with such provisions or regulations, shall be a ...

3.1-563 (Repealed effective October 1, 2008) Application for license
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 ...

3.1-564 (Repealed effective October 1, 2008) 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 ...

3.1-565 (Repealed effective October 1, 2008) License conditioned on compliance with article; revocation gen...
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 ...

3.1-566 (Repealed effective October 1, 2008) 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 ...

3.1-567 (Repealed effective October 1, 2008) Records
Records of the purchase of cream shall be kept at each such creamery, plant or station, and shall show the date of purchase, the net ...

3.1-568 (Repealed effective October 1, 2008) Commissioner to receive no extra compensation
The duties herein imposed upon the Commissioner shall be performed by him without additional compensation. (Code 1950, § 3-457; 1966, c. 702.) ...

3.1-569 (Repealed effective October 1, 2008) 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 ...

3.1-570 (Repealed effective October 1, 2008) How license revoked
Whenever it appears to the Commissioner that the provisions of this article have been violated, such violation shall be ground for revocation of license, but ...

3.1-571 Description unavailable
Repealed by Acts 1996, c. 724. ...

3.1-572 through 3.1-581
Repealed by Acts 1988, c. 533. ...

3.1-582 through 3.1-587
Repealed by Acts 1982, c. 245. ...