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E-1. FLAVORED DRINK, OR FLAVORED DAIRY
<br />• DRINK.—Flavored drink, or flavored dairy drink, is a beverage
<br />or confection consisting of skim milk to which has been added a
<br />syrup or flavor made from wholesome ingredients.
<br />E-2. FLAVORED RECONSTITUTED MILK.—Flavored
<br />reconstituted milk is a flavored milk made from reconstituted
<br />milk.
<br />E-3. FLAVORED RECONSTITUTED DRINK, OR FLA-
<br />VORED DAIRY DRINK.—Flavored reconstituted drink, or
<br />flavored reconstituted dairy drink, is a flavored drink made from
<br />reconstituted skim milk.
<br />H-1. RECONSTITUTED, OR RECOMBINED, CREAM.
<br />—Reconstituted, or recombined, cream is a product which results
<br />from the combination of dry cream, butter, or milkfat, with
<br />110 cream, milk, skim milk, or water, and which complies with the
<br />t -n milkfat standards of cream as defined herein.
<br />cv H-2. RECONSTITUTED, OR RECOMBINED, SKIM
<br />Ll� MILK.—Reconstituted, or recombined, skim milk is a product
<br />which results from the recombining of skim -milk constituents
<br />with water, and which contains not less than 81/4 percent milk
<br />solids -not -fat.
<br />I. COTTAGE CHEESE.—Cottage cheese is the soft un-
<br />cured cheese prepared from the curd obtained by adding harm-
<br />revoked, or which fails to conform in any other respect with the
<br />statement on the label, shall be deemed to be misbranded.
<br />N. MILK PRODUCER.—A milk producer is any person
<br />who own or controls one or more cows, a part or all of the milk
<br />or milk products from which is sold, or offered for sale.
<br />O. MILK DISTRIBUTOR.—A milk distributor is any per-
<br />son who offers for sale or sells to another any milk or milk
<br />products for human consumption as such.
<br />0-1. PRODUCER -DISTRIBUTOR.— A producer -distrib-
<br />utor is a milk producer who is also a milk distributor.
<br />P. DAIRY, OR DAIRY FARM.—A dairy, or dairy farm,
<br />is any place or premises where one or more cows are kept, a part
<br />or all of the milk or milk products from which is sold or offered
<br />for sale.
<br />P-1. PRODUCER DAIRY.—A producer dairy is a dairy
<br />farm which sends milk or cream to a milk plant for processing.
<br />P-2. MILK HAULER.—A milk hauler is any person, other
<br />than a milk producer or a milk -plant employee, who transports
<br />milk and/or milk products to or from a milk plant or a collecting
<br />point.
<br />Q. MILK PLANT.—A milk plant is any place, premises, or
<br />establishment where milk or milk products are collected, handled,
<br />processed, stored, pasteurized, bottled, or prepared for distribu-
<br />tion, except an establishment where milk or milk products are
<br />sold at retail only.
<br />R. HEALTH OFFICER.—The term "health officer" shall
<br />mean the health authority of the municipality of Charlottesville,
<br />Virginia, or his authorized representatives.
<br />S. AVERAGE BACTERIAL PLATE COUNT, DIRECT
<br />MICROSCOPIC COUNT, AND COOLING TEMPERATURE.—
<br />Average bacterial plate count and average direct microscopic
<br />count shall be taken to mean the logarithmic average, and aver-
<br />age cooling temperature shall be taken to mean the arithmetic
<br />average, of the respective test results of the last four consecu-
<br />tive samples, taken upon separate days, irrespective of the 6 -
<br />month period referred to in Section 6.
<br />T. PERSON.—The word "person" shall mean any indivi
<br />ual, partnership, corporation, company, firm, trustee, or associa- ,
<br />tion.
<br />U. AND/OR.—Where the term "and/or" is used, "and"
<br />shall apply where possible, otherwise "or" shall apply.
<br />• SECTION 2. THE SALE OF ADULTERATED, MIS-
<br />BRANDED, OR UNGRADED MILK OR MILK PRODUCTS
<br />5
<br />less, lactic -acid -producing bacteria, with or without enzymatic
<br />action, to pasteurized skim milk or pasteurized reconstituted
<br />skim milk. It contains not more than 80 percent moisture.
<br />I-1. CREAMED COTTAGE CHEESE.—Creamed cottage
<br />cheese is the soft uncured cheese which is prepared by mixing
<br />cottage cheese with pasteurized cream, or with a pasteurized
<br />mixture of cream and milk or skim milk, and which contains not
<br />less than 4 percent milkfat by weight, and not more than 80
<br />percent moisture.
<br />J. HOMOGENIZED MILK.—Homogenized milk is milk
<br />which has been treated in such a manner as to insure break-up
<br />of the fat globules to such an extent that, after 48 hours of qui-
<br />escent storage, no visible cream separation occurs on the milk,
<br />and the fat percentage of the top 100 milliliters of milk in a
<br />quart bottle, or of proportionate volumes of containers of other
<br />sizes, does not differ by more than 10 percent of itself from the
<br />fat percentage of the remaining milk as determined after thor-
<br />ough mixing. The word "milk" shall be interpreted to include
<br />homogenized milk.
<br />K. MILK PRODUCTS.—Milk products shall be taken to
<br />mean and to include cream, sour cream, half and half, recon-
<br />stituted half and half, whipped cream, concentrated milk, con-
<br />centrated milk products, skim milk, nonfat milk, flavored milk,
<br />flavored drink, flavored reconstituted milk, flavored reconstituted
<br />drink, buttermilk, cultured buttermilk, cultured milk, vitamin D
<br />milk, reconstituted or recombined milk, reconstituted cream, re-
<br />constituted skim inilk, cottage cheese, creamed cottage cheese,
<br />and any other product made by the addition of any substance to
<br />milk, or to any of these milk products, and used for similar
<br />purposes, and designated as a milk product by the health officer.
<br />L. PASTEURIZATION. — The terms "pasteurization,"
<br />"pasteurized," and similar terms shall be taken to refer to the
<br />process of heating every particle of milk or milk products to
<br />at least 143' F., and holding it at such temperature continuously
<br />for at least 30 minutes, or to at least 1610 F., and holding it at
<br />such temperature continuously for at least 15 seconds, in ap-
<br />proved and properly operated equipment: Provided, That noth-
<br />ing contained in this definition shall be construed as barring any
<br />other process which has been demonstrated to be equally efficient
<br />and which is approved by the State authority.
<br />M. ADULTERATED AND MISBRANDED MILK AND
<br />MILK PRODUCTS.—Any milk or cream to which water has
<br />been added or any milk or milk product which contains any un-
<br />wholesome substance, of which if defined in this ordinance does
<br />not conform with its definition, shall be deemed to be adulterated.
<br />Any milk or milk product which carries a grade label, unless
<br />such grade label has been awarded by the health officer and not
<br />4
<br />PROHIBITED.—No person shall, within the municipality of
<br />Charlottesville, Virginia, or its police jurisdiction, produce, sell,
<br />offer or expose for sale, or have in possession with intent to sell,
<br />any milk or milk product which is adulterated, misbranded, or
<br />ungraded. It shall be unlawful for any person, elsewhere than
<br />in a private home, to have in possession any adulterated, mis-
<br />branded, or ungraded milk or milk product: Provided, That in
<br />an emergency the sale of ungraded pasteurized milk products
<br />may be authorized by the health officer, upon the approval of
<br />the State authority, in which case they shall be labeled "un-
<br />graded."
<br />Any adulterated, misbranded, and/or improperly labeled
<br />milk or milk products may be impounded by the health officer
<br />and disposed of in accordance with State law.
<br />SECTION 3. PERMITS.—It shall be unlawful for any per-
<br />son to bring into, send into, or receive into the municipality of
<br />Charlottesville, Va., or its police jurisdiction, for sale, or to
<br />sell, or offer for sale therein, or to have in storage where milk
<br />or milk products are sold or served, any milk or milk products
<br />defined in this ordinance, who does not possess a permit from
<br />the health officer of the municipality of Charlottesville, Va.
<br />Every milk producer, milk hauler, milk distributor, and
<br />operator of a milk plant shall secure a permit. Only a person
<br />who complies with the requirements of this ordinance shall be
<br />entitled to receive and retain such a permit. Permits shall not
<br />be transferable with respect to persons and/or locations.
<br />Such a permit may be temporarily suspended by the health
<br />officer upon violation by the holder of any of the terms of this
<br />ordinance, or for interference with the health officer in the per-
<br />formance of his duties, or revoked following serious or repeated
<br />violation, after an opportunity for a hearing by the health officer
<br />and an additional person designated by the local governing body.
<br />SECTION 4. LABELING.—All bottles, cans, packages and
<br />other containers enclosing milk or any milk product defined in
<br />Section 1 of this ordinance shall be plainly labeled or marked
<br />with (1) the name of the contents as given in the definition of
<br />this ordinance; (2) the word "reconstituted" or "recombined"
<br />if included in the name of the product as given in the definition;
<br />(3) the grade of the contents; (4) the word "pasteurized" only
<br />if the contents have been pasteurized; (5) the word "raw" only
<br />if the contents are raw; (6) the phrase "for pasteurization"
<br />if the contents are to be pasteurized; (7) the name of the pro-
<br />ducer if the contents are raw, and the identity of the plant at
<br />which the contents were pasteurized if the contents are pas-
<br />teurized; (8) in the case of vitamin D milk or milk products,
<br />the designation "Vitamin D", the source of the Vitamin D, and
<br />the number of U. S. P. units per quart; (9) in the case of con-
<br />F. BUTTERMILK.—Buttermilk is a fluid product result-
<br />ing from the churning of milk or cream. It contains not less
<br />than 81/4 percent milk solids -not -fat.
<br />F-1. CULTURED BUTTERMILK.—Cultured buttermilk
<br />is a fluid product resulting from the souring or treatment, by a
<br />lactic acid or other culture, of pasteurized skim milk or pasteur-
<br />ized reconstituted skim milk. It contains not less than 81/4 per-
<br />cent milk solids -not -fat.
<br />F-2. CULTURED MILK.—Cultured milk is a fluid or semi-
<br />fluid product resulting from the souring or treatment, by a lactic
<br />acid or other culture, of pasteurized milk, pasteurized reconsti-
<br />tuted milk, or pasteurized concentrated milk. It contains not
<br />less than 81/4 percent milk solids -not -fat and not less than 31/4,
<br />percent milkfat.
<br />G. VITAMIN D MILK.—Vitamin D milk is milk the
<br />vitamin D content of which has been increased by an approved
<br />method to at least 400 U.S.P. units per quart.
<br />H. RECONSTITUTED, OR RECOMBINED, MILK.—Re-
<br />constituted, or recombined, milk is a product which results from
<br />the recombining of milk constituents with water, and which
<br />complies with the standards for milkfat and solids -not -fat of
<br />milk as defined herein.
<br />H-1. RECONSTITUTED, OR RECOMBINED, CREAM.
<br />—Reconstituted, or recombined, cream is a product which results
<br />from the combination of dry cream, butter, or milkfat, with
<br />110 cream, milk, skim milk, or water, and which complies with the
<br />t -n milkfat standards of cream as defined herein.
<br />cv H-2. RECONSTITUTED, OR RECOMBINED, SKIM
<br />Ll� MILK.—Reconstituted, or recombined, skim milk is a product
<br />which results from the recombining of skim -milk constituents
<br />with water, and which contains not less than 81/4 percent milk
<br />solids -not -fat.
<br />I. COTTAGE CHEESE.—Cottage cheese is the soft un-
<br />cured cheese prepared from the curd obtained by adding harm-
<br />revoked, or which fails to conform in any other respect with the
<br />statement on the label, shall be deemed to be misbranded.
<br />N. MILK PRODUCER.—A milk producer is any person
<br />who own or controls one or more cows, a part or all of the milk
<br />or milk products from which is sold, or offered for sale.
<br />O. MILK DISTRIBUTOR.—A milk distributor is any per-
<br />son who offers for sale or sells to another any milk or milk
<br />products for human consumption as such.
<br />0-1. PRODUCER -DISTRIBUTOR.— A producer -distrib-
<br />utor is a milk producer who is also a milk distributor.
<br />P. DAIRY, OR DAIRY FARM.—A dairy, or dairy farm,
<br />is any place or premises where one or more cows are kept, a part
<br />or all of the milk or milk products from which is sold or offered
<br />for sale.
<br />P-1. PRODUCER DAIRY.—A producer dairy is a dairy
<br />farm which sends milk or cream to a milk plant for processing.
<br />P-2. MILK HAULER.—A milk hauler is any person, other
<br />than a milk producer or a milk -plant employee, who transports
<br />milk and/or milk products to or from a milk plant or a collecting
<br />point.
<br />Q. MILK PLANT.—A milk plant is any place, premises, or
<br />establishment where milk or milk products are collected, handled,
<br />processed, stored, pasteurized, bottled, or prepared for distribu-
<br />tion, except an establishment where milk or milk products are
<br />sold at retail only.
<br />R. HEALTH OFFICER.—The term "health officer" shall
<br />mean the health authority of the municipality of Charlottesville,
<br />Virginia, or his authorized representatives.
<br />S. AVERAGE BACTERIAL PLATE COUNT, DIRECT
<br />MICROSCOPIC COUNT, AND COOLING TEMPERATURE.—
<br />Average bacterial plate count and average direct microscopic
<br />count shall be taken to mean the logarithmic average, and aver-
<br />age cooling temperature shall be taken to mean the arithmetic
<br />average, of the respective test results of the last four consecu-
<br />tive samples, taken upon separate days, irrespective of the 6 -
<br />month period referred to in Section 6.
<br />T. PERSON.—The word "person" shall mean any indivi
<br />ual, partnership, corporation, company, firm, trustee, or associa- ,
<br />tion.
<br />U. AND/OR.—Where the term "and/or" is used, "and"
<br />shall apply where possible, otherwise "or" shall apply.
<br />• SECTION 2. THE SALE OF ADULTERATED, MIS-
<br />BRANDED, OR UNGRADED MILK OR MILK PRODUCTS
<br />5
<br />less, lactic -acid -producing bacteria, with or without enzymatic
<br />action, to pasteurized skim milk or pasteurized reconstituted
<br />skim milk. It contains not more than 80 percent moisture.
<br />I-1. CREAMED COTTAGE CHEESE.—Creamed cottage
<br />cheese is the soft uncured cheese which is prepared by mixing
<br />cottage cheese with pasteurized cream, or with a pasteurized
<br />mixture of cream and milk or skim milk, and which contains not
<br />less than 4 percent milkfat by weight, and not more than 80
<br />percent moisture.
<br />J. HOMOGENIZED MILK.—Homogenized milk is milk
<br />which has been treated in such a manner as to insure break-up
<br />of the fat globules to such an extent that, after 48 hours of qui-
<br />escent storage, no visible cream separation occurs on the milk,
<br />and the fat percentage of the top 100 milliliters of milk in a
<br />quart bottle, or of proportionate volumes of containers of other
<br />sizes, does not differ by more than 10 percent of itself from the
<br />fat percentage of the remaining milk as determined after thor-
<br />ough mixing. The word "milk" shall be interpreted to include
<br />homogenized milk.
<br />K. MILK PRODUCTS.—Milk products shall be taken to
<br />mean and to include cream, sour cream, half and half, recon-
<br />stituted half and half, whipped cream, concentrated milk, con-
<br />centrated milk products, skim milk, nonfat milk, flavored milk,
<br />flavored drink, flavored reconstituted milk, flavored reconstituted
<br />drink, buttermilk, cultured buttermilk, cultured milk, vitamin D
<br />milk, reconstituted or recombined milk, reconstituted cream, re-
<br />constituted skim inilk, cottage cheese, creamed cottage cheese,
<br />and any other product made by the addition of any substance to
<br />milk, or to any of these milk products, and used for similar
<br />purposes, and designated as a milk product by the health officer.
<br />L. PASTEURIZATION. — The terms "pasteurization,"
<br />"pasteurized," and similar terms shall be taken to refer to the
<br />process of heating every particle of milk or milk products to
<br />at least 143' F., and holding it at such temperature continuously
<br />for at least 30 minutes, or to at least 1610 F., and holding it at
<br />such temperature continuously for at least 15 seconds, in ap-
<br />proved and properly operated equipment: Provided, That noth-
<br />ing contained in this definition shall be construed as barring any
<br />other process which has been demonstrated to be equally efficient
<br />and which is approved by the State authority.
<br />M. ADULTERATED AND MISBRANDED MILK AND
<br />MILK PRODUCTS.—Any milk or cream to which water has
<br />been added or any milk or milk product which contains any un-
<br />wholesome substance, of which if defined in this ordinance does
<br />not conform with its definition, shall be deemed to be adulterated.
<br />Any milk or milk product which carries a grade label, unless
<br />such grade label has been awarded by the health officer and not
<br />4
<br />PROHIBITED.—No person shall, within the municipality of
<br />Charlottesville, Virginia, or its police jurisdiction, produce, sell,
<br />offer or expose for sale, or have in possession with intent to sell,
<br />any milk or milk product which is adulterated, misbranded, or
<br />ungraded. It shall be unlawful for any person, elsewhere than
<br />in a private home, to have in possession any adulterated, mis-
<br />branded, or ungraded milk or milk product: Provided, That in
<br />an emergency the sale of ungraded pasteurized milk products
<br />may be authorized by the health officer, upon the approval of
<br />the State authority, in which case they shall be labeled "un-
<br />graded."
<br />Any adulterated, misbranded, and/or improperly labeled
<br />milk or milk products may be impounded by the health officer
<br />and disposed of in accordance with State law.
<br />SECTION 3. PERMITS.—It shall be unlawful for any per-
<br />son to bring into, send into, or receive into the municipality of
<br />Charlottesville, Va., or its police jurisdiction, for sale, or to
<br />sell, or offer for sale therein, or to have in storage where milk
<br />or milk products are sold or served, any milk or milk products
<br />defined in this ordinance, who does not possess a permit from
<br />the health officer of the municipality of Charlottesville, Va.
<br />Every milk producer, milk hauler, milk distributor, and
<br />operator of a milk plant shall secure a permit. Only a person
<br />who complies with the requirements of this ordinance shall be
<br />entitled to receive and retain such a permit. Permits shall not
<br />be transferable with respect to persons and/or locations.
<br />Such a permit may be temporarily suspended by the health
<br />officer upon violation by the holder of any of the terms of this
<br />ordinance, or for interference with the health officer in the per-
<br />formance of his duties, or revoked following serious or repeated
<br />violation, after an opportunity for a hearing by the health officer
<br />and an additional person designated by the local governing body.
<br />SECTION 4. LABELING.—All bottles, cans, packages and
<br />other containers enclosing milk or any milk product defined in
<br />Section 1 of this ordinance shall be plainly labeled or marked
<br />with (1) the name of the contents as given in the definition of
<br />this ordinance; (2) the word "reconstituted" or "recombined"
<br />if included in the name of the product as given in the definition;
<br />(3) the grade of the contents; (4) the word "pasteurized" only
<br />if the contents have been pasteurized; (5) the word "raw" only
<br />if the contents are raw; (6) the phrase "for pasteurization"
<br />if the contents are to be pasteurized; (7) the name of the pro-
<br />ducer if the contents are raw, and the identity of the plant at
<br />which the contents were pasteurized if the contents are pas-
<br />teurized; (8) in the case of vitamin D milk or milk products,
<br />the designation "Vitamin D", the source of the Vitamin D, and
<br />the number of U. S. P. units per quart; (9) in the case of con-
<br />
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