224 gress may be established and promulgated by the state de225 partment of agriculture in lieu of the grades and classes here226 in provided. 227 All acts or parts of acts inconsistent herewith are hereby 228 repealed. CHAPTER 56 (House Bill No. 252—Mr. Smith of Berkeley) AN ACT to amend chapter one hundred and fifty of the code of West Virginia, by adding thereto sections thirty and thirtyone, relating to the manufacture, sale and exposing for sale or exchange, of milk products. [Passed April 26, 1923. In effect ninety days from passage. Became a law without the approval of the Governor] Be it enacted by the Legislature of West Virginia: That chapter one hundred and fifty of the code of West Virginia be amended by adding thereto sections thirty and thirtyone which sections shall read as follows: Section 30. That it shall be unlawful for any person, firm 2 or corporation by himself, herself, itself, or themselves, or by 3 his, her, its, or their agents, servants, or employees to manu4 facture, offer or expose for sale or exchange or have in his 5 possession with intent to sell, offer or expose for sale or ex6 change either in bulk or in containers, sealed or unsealed, under 7 any name whatever any condensed, evaporated, concentrated, 8 powdered, dried or dessicated milk, cream or skim milk to 9 which has been added or with which has been blended or com10 pounded any fats or oils other than milk fats producing what 11 is known as filled milk. 12 Any person, firm or individual violating the provisions of 13 this section shall be guilty of a misdemeanor and upon con 14 viction thereof shall be fined not less than twenty-five ($25.00) 15 dollars and not more than one hundred ($100.00) dollars for 16 first offense and not less than one hundred ($100.00) dollars 17 and not more than two hundred and fifty ($250.00) dollars for 18 each subsequent offense. Sec. 31. It shall be unlawful for any person, firm or cor2 poration by himself, herself, itself, or themselves, or by his, 3 her, its or their agents, servants or employees to manufacture, 4 offer or expose for sale or exchange or have in his possession 5 with intent to sell, offer or expose for sale or exchange any 6 milk or milk products that do not conform to the following 7 standards or definitions: (a) Milk is the whole, fresh, clean lacteal secretion ob2 tained by the complete milking of one or more healthy cows, 3 properly fed and kept, excluding that obtained within fifteen 4 days before and five days after calving, or such longer period 5 as may be necessary to render the milk practically colostrum6 free, and shall contain not less than three (3) per cent of milk 7 fat and not less than eight and one-half (82) per cent of 8 solids, not fat and eleven and one-half (112) per cent total 9 solids. 10 (b) Pasteurized Milk is milk that has been subjected to a 11 temperature not lower than 145 degrees Fahrenheit for not less 12 than thirty (30) minutes. Unless it is bottled hot, it is prompt13 ly cooled to 50 degrees Fahrenheit, or lower. 14 (1) Skim Milk is milk from which a part or all of the 15 cream has been removed, and contains not less than nine (9) 16 per cent of milk solids. 17 (d) Buttermilk is the product that remains when fat is 18 removed from milk or cream, sweet or sour, in the process of 19 churning. It contains not less than eight (8) per cent of milk 20 solids not fat. 21 (e) Condensed Milk, Evaporated Milk, Concentrated Milk, 22 is the product resulting from the evaporation of a considera23 ble portion of the water from the whole, fresh, clean lacteal 24 secretion obtained by the complete milking of one or more 25 healthy cows, properly fed and kept, excluding that obtained 26 within fifteen days before and five days after calving, and con27 tains, all tolerances being allowed for, not less than twenty-five 28 and five-tenths (25.5) per cent of total solids and not less than 29 seven and eight-tenths (7.8) per cent of milk fat. 30 (f) Sweetened Condensed Milk, Sweetened Evaporated 31 Milk, Sweetened Concentrated Milk, is the product resulting 32 from the evaporation of a considerable portion of the water 33 from the whole, fresh, clean, lacteal secretion obbtained by the 34 complete milking of one or more healthy cows, properly fed 35 and kept, excluding that obtained within fifteen days before 36 and five days after calving, to which sugar (sucrose) has been 37 added. It contains, all tolerances being allowed for, not 38 less than twenty-eight (28%) per cent of total milk solids 39 and not less than seven and eight-tenths (7.8) per cent of milk 40 fat. 41 (g) Condensed Skimmed Milk, Evaporated Skimmed Milk, 42 Concentrated Skimmed Milk, is the product resulting from the 43 evaporation of a considerable portion of the water from 44 skimmed milk, and contains, all tolerances being allowed for 45 not less than twenty (20) per cent of milk solids. 46 (h) Sweetened Condensed Skimmed Milk, Sweetened 47 Evaporated Skimmed Milk, Sweetened Concentrated Skimmed 48 Milk, is the product resulting from the evaporation of a con49 siderable portion of the water from skimmed milk to which 50 sugar (sucrose) has been added. It contains, all tolerances be51 ing allowed for, not less than twenty-eight (28) per cent of milk 52 solids. 53 (i) Dried Milk is the product resulting from the removal of 54 water from milk, and contains, all tolerances being allowed for, 55 not less than twenty-six (26) per cent of milk fat, and not 56 more than five (5) per cent of moisture. 57 (j) Dried Skim Milk is the product resulting from the re58 removal of water from skimmed milk, and contains, all toler59 ances being allowed for, not more than five (5) per cent of 60 moisture. 61 (k) Cream, Sweet Cream, is that portion of milk rich in 62 milk fat, which rises to the surface of milk on standing, or if 63 separated from it by centrifugal force. It is fresh, clean. It 64 contains not less than eighteen (18) per cent of milk fat. 65 Whipping Cream is cream which contains not less than 66 thirty (30) per cent of milk fat. 67 (1) Butter is the clean, non-rancid product made by gather68 ing in any manner the fat of fresh or ripened milk or cream 69 into a mass, which also contains a small portion of the other 70 milk constituents, with or without salt, and contains not less 71 than eighty (80) per cent of milk fat and not more than sixteen 72 (16) per cent moisture. The addition of vegetable butter color73 ing is permitted. 74 (m) Cheese'is the sound, solid, and ripened product made 75 from milk or cream by coagulating the casein thereof with 76 rennett of lactic acid, with or without the addition of ripening 77 ferments and seasoning, and contains, in the water-free sub78 stance, not less than fifty (50) per cent of milk fat. The addi79 tion of harmless coloring matter is permitted. 80 (n) Ice cream is a frozen substance made from pure whole81 some milk products sweetened with sugar and may contain not 82 to exceed one half of one percent of gelatine, vegetable gum or 83 other wholesome stabilizer. 84 When wholesome and harmless flavoring extracts are used, 85 ice cream shall contain not less than eight percent of milk fats 86 and ten percent of milk solids not fats. When eggs, fruits, 87 nuts, chocolate or cake are used, such reduction in the per88 centage of milk fat and milk solids not fat, shall be allowed 89 as may be caused by the addition of such ingredients. 90 Any person, firm, or corporation violating the provisions of 91 this section shall be guilty of a misdemeanor and on conviction 92 thereof shall be fined not less than twenty-five dollars and not 93 more than fifty dollars for the first offense and not less than 94 fifty dollars and not more than two hundred dollars for each 95 subsequent offense. 96 All acts or parts of acts inconsistent herewith are hereby 97 repealed. CHAPTER 57 (House Bill No. 236-Mr. Hunter) AN ACT prohibiting the use of vehicles in aid of prostitution, and providing penalties for the violation thereof. Be it enacted by the Legislature of West Virginia: Section 1. That any owner, lessee, operator, or person in 2 charge or control of any taxicab, jitney bus, or other vehicle 3 who shall knowingly use the same or knowingly permit it to be 4 used in any manner as a means or aid in promoting prostitu 5 tion or illicit sexual intercourse, shall be guilty of a misde6 meanor, and upon conviction thereof shall be punished by a fine 7 of not less than ten dollars nor more than one hundred dollars, 8 or by imprisonment in the county jail for a period of not to 9 exceed thirty days, or by both such fine and imprisonment in 10 the discretion of the court. Justices of the peace shall have 11 jurisdiction to try and determine cases arising under this 12 section. CHAPTER 58 (House Bill No. 260-Mr. Oldham) AN ACT to amend and re-enact sections nine, eighteen, twentyseven, thirty-one, thirty-three and fifty-six of chapter ten of the acts of one thousand nine hundred and thirteen, as amended and re-enacted by chapter nine of the acts of one thousand nine hundred and fifteen, chapter one of the acts of the extraordinary session of one thousand nine hundred and fifteen, and chapter one thirty-one of the acts of one thousand nine hundred and nineteen, and to add to said chapter section thirty-eight, relating to a workmen's compensation law. [Passed April 26, 1923. In effect ninety days from passage. Approved by the Governor May 1, 1923] SEC. 9. 18. 27. 31. "Employees" defined; act not applicable to certain employers; premiums, how paid; "regularly employing" defined; foreign corporations eligible to subscribe. Commissioner authorized to classify according to hazzard; (a) shall keep account of all monies; (b) shall fix lowest rates possible; ten percent set aside to create surplus. Disbursements of funds; (a) surgical and hospital not exceed three hundred dollars; (b) payment may be made to person other than injured employee; (c) not entitled to medical treatment in certain cases. Schedule for compensation: (a) temporary disability; (b) limitation on paragraph (a); (c) determination of percentage of disability; (d) same, of per SEC. 33. 38. 56. centage of total disability; (e) same; (f) permanent disability. In case of death, within one year, disability continuous: (a) disbursements limited by sections twenty-seven and twenty-nine; (b) compensation in case deceased is under twenty-one and unmarried; (c) same, where partially dependent father or mother: (d) dependent widow shall receive not to exceed thirty dollars monthly and five dollars for each child under sixteen; (e) dependents other than widow, widower or child; (f) dependent person other than widow, widower or child; (g) "dependent" defined. Commissioner authorized to ex- Be it enacted by the Legislature of West Virginia: That sections nine, eighteen, twenty-seven, thirty-one, thirtythree and fifty-six of chapter ten of the acts of one thousand nine hundred and thirteen, as amended and re-enacted by chapter nine |