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1996 SESSION
965510805Patrons-- Weatherholtz, Albo, Callahan, Drake, Dudley, Forbes, Landes, Ruff, Wardrup, Way and Wilkins; Senator: Hanger
Be it enacted by the General Assembly of Virginia:
1. That §§ 3.1-533 and 3.1-539 of the Code of Virginia are amended and reenacted as follows:
§ 3.1-533. Manipulators of machines to procure certificates; renewal of certificate; revocation by Commissioner.
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 of determining the composition of milk or cream for purposes of
inspection, and no. No person in any milk depot, ice
cream factory, confectionery, creamery, cheese factory, condensed milk factory,
or other place in this Commonwealth 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 its expiration date, he shall be required to successfully pass
the applicable examination before a new certificate shall be issued.
In case If 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 centrifugal
machine or to sample or weigh milk or cream has been revoked by the
Commissioner shall thereafter manipulate in this Commonwealth any centrifugal
machine or sample or weigh milk or cream for the purposes herein specified
until his certificate has been renewed.
§ 3.1-539. Test of measurers; inspection of machines and scales; right of entry.
It shall be the duty of the 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 shall inspect or cause to be inspected
at least once each year every Babcock or other centrifugal machine or cream
test or butterfat test scales used in this Commonwealth by an inspector of milk
or cream or by any person in any milk inspection laboratory for purposes of
inspection, or by any person in any milk depot, ice cream factory,
confectionery, creamery, cheese factory, condensed 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 Commissioner, 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.
2. That §§ 3.1-531 and 3.1-543 of the Code of Virginia are repealed.