                                 CODE OF VIRGINIA

MANIPULATORS OF MACHINES TO PROCURE CERTIFICATES; RENEWAL OF CERTIFICATE;
REVOCATION BY COMMISSIONER (§ 3.2-5221)

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 without
first obtaining a certificate from the Commissioner that he is competent to
perform such work. No person in any milk depot, ice cream factory,
confectionery, creamery, cheese factory, condensed milk factory, or other place
in the 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. All such certificates shall be renewed annually
without further examination at the discretion of the Commissioner upon
application. Unless a person holding a valid tester&#8217;s, weigher&#8217;s,
and sampler&#8217;s certificate renews his certificate within one year after its
expiration date, he shall be required to pass the applicable examination before
a new certificate shall be issued. If any holder of a certificate is notified by
the Commissioner to correct his use of a Babcock or other centrifugal machine,
or his method of sampling or weighing, and the person or holder of a certificate
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 or assess a civil penalty as provided
in § 3.2-5233. 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been revoked by the Commissioner shall thereafter manipulate in the Commonwealth
any centrifugal machine or sample or weigh milk or cream for the purposes herein
specified until his certificate has been renewed.

HISTORY: Code 1950, § 3-403; 1966, c. 702, § 3.1-533; 1996, c. 723; 2000, c.
993; 2008, c. 860.