3.2-5221 - Manipulators of machines to procure certificates; renewal of certificate; revocation by Commissioner.
§ 3.2-5221. Manipulators of machines to procure certificates; renewal ofcertificate; revocation by Commissioner.
No inspector of milk or cream, and no person in any milk inspectionlaboratory, shall manipulate the Babcock or other centrifugal machine for thepurpose of determining the composition of milk or cream for purposes ofinspection without first obtaining a certificate from the Commissioner thathe is competent to perform such work. No person in any milk depot, ice creamfactory, confectionery, creamery, cheese factory, condensed milk factory, orother place in the Commonwealth shall manipulate the Babcock or othercentrifugal machine for the purpose of determining the composition or valueof milk or cream, or shall take samples or weigh milk or cream, as a basisfor payment in buying or selling, without first obtaining a certificate fromthe Commissioner that he is competent to perform such work. All suchcertificates shall be renewed annually without further examination at thediscretion of the Commissioner upon application. Unless a person holding avalid tester's, weigher's, and sampler's certificate renews his certificatewithin one year after its expiration date, he shall be required to pass theapplicable examination before a new certificate shall be issued. If anyholder of a certificate is notified by the Commissioner to correct his use ofa Babcock or other centrifugal machine, or his method of sampling orweighing, and the person or holder of a certificate notified fails to complywith the notice and correct his use of a Babcock or other centrifugalmachine, or his methods of sampling or weighing, he shall be deemed guilty ofa violation of the provisions of this article, and the Commissioner mayforfeit 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certificate whose authority to manipulate a Babcock or othercentrifugal machine or to sample or weigh milk or cream has been revoked bythe Commissioner shall thereafter manipulate in the Commonwealth anycentrifugal machine or sample or weigh milk or cream for the purposes hereinspecified until his certificate has been renewed.
(Code 1950, § 3-403; 1966, c. 702, § 3.1-533; 1996, c. 723; 2000, c. 993;2008, c. 860.)