3.2-3200 - Definitions. - Virginia Statutes

§ 3.2-3200. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Affiliate" means any person or subsidiary thereof, who has, eitherdirectly or indirectly, actual or legal control over a distributor, whetherby stock ownership or in any other manner.

"Books and records" mean books, records, accounts, contracts, memoranda,documents, papers, correspondence, or other data, pertaining to the businessof the person in question.

"Commission" means the Milk Commission.

"Consumer" means any person, other than a milk distributor, who purchasesmilk for human consumption.

"Distributor" means any of the following persons engaged in the business ofdistributing, marketing, or in any manner handling fluid milk, in whole or inpart, in fluid form for consumption in the Commonwealth:

1. Persons, regardless of whether any such person is a producer:

a. Who pasteurize or bottle milk or process milk into fluid milk;

b. Who sell or market fluid milk at wholesale or retail to: (i) hotels,restaurants, stores, or other establishments for consumption on the premises;(ii) stores or other establishments for resale; or (iii) consumers; or

c. Who operate stores or other establishments for the sale of fluid milk atretail for consumption off the premises.

2. Persons, wherever located or operating, whether within or without theCommonwealth, who purchase, market, or handle milk for resale as fluid milkin the Commonwealth.

"Health authorities" include the Board of Health, the Office of Dairy andFoods in the Department, and the local health authorities.

"Licensee" means a licensed milk distributor.

"Market" means any locality, or two or more localities, and surroundingterritory designated by the Commission as a marketing area.

"Milk" means the clean lacteal secretion obtained by the complete milkingof one or more healthy cows properly fed, housed, and kept; including milkthat is cooled, pasteurized, standardized, or otherwise processed with a viewto selling.

"Producer" means any person, regardless of whether they are also adistributor, who produces milk for sale as fluid milk in the Commonwealth.

"Producer-distributor" means a distributor who handles only milk producedby himself.

"Sanitary regulations" include all laws and ordinances relating to theproduction, handling, transportation, distribution, and sale of milk and, sofar as applicable, regulations adopted by the Board or the health authorities.

"Subsidiary" means any person that a distributor or an affiliate of adistributor has, or several distributors collectively have, either directlyor indirectly, actual or legal control, whether by stock ownership or in anyother manner.

(Code 1950, § 3-346; 1966, c. 702, § 3.1-425; 2008, c. 860.)