The Laws of Texas, 1934-1935 [Volume 29] Page: 67 of 2,086
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FORTY-THIRD LEGISLATURE-SECOND CALLED SESSION. 57
son is also a producer of milk, and irrespective of whether the
distribution is by wagon or other vehicle or over the counter.
(d) The term "processor" shall mean any person who receives
or buys milk or milk fats for the purpose of changing
its nature or character by physical or chemical means into
other forms, such as butter, cheese, ice cream, condensed milk,
buttermilk, chocolate or other flavored milk, or milk converted
into any other form.
(e) The term "fluid milk" when used under the provisions
of this Act shall mean the fresh, clean lacteal secretion obtained
by the milking of one or more healthy cows which secretion
has not been soured nor been skimmed or separated that it has
not less than eight and one-half per cent (81/2%) of solids not
fat, and not less than three and one-fourth per cent (31/4%)
milk fat, nor been churned, nor evaporated, or condensed, nor
been reduced to powder form, nor otherwise processed so as to
materially change its original condition.
(f) The term "milk industry" when used in this Act shall
mean producers, distributors and processors of milk and milk
products as defined in this Act.
(g) The term "milk products" when used under this Act
shall mean all products of fluid milk, such as sour and sweet
cream, skimmed milk, butter, cheese, ice cream, condensed
milk, evaporated milk, powdered milk, powdered skim milk,
buttermilk, or chocolate milk or other flavored milk.
(h) The term "Commissioner" when used in this Act shall
mean the Commissioner of Agriculture of the State of Texas.
(i) The term "Board" when used in this Act shall mean
the local Milk Industry Board of the County or Counties concerned.
(j) The term "members" when used in this Act shall mean
the members of the Milk Industry Board.
(k) The term "milk shed" shall include all producers and
producer operators who now hold permits from the Health
Department to sell milk in area affected by this Act.
(1) The term "production area" means that area defined
by the Milk Industry Board.
(m) The term "due notice" shall mean the mailing of a
notice to all of the parties affected, or in lieu thereof, of an
advertisement published in a daily newspaper, or in the event
there is no daily newspaper then in any other publication of
regular issue, said publications to be published in the territory
affected. Said advertisement shall be a display advertisement
and shall be of a size at least two (2) columns by six (6) inches.
Said notice shall be mailed or shall be published at least five
(5) days previous to the time of the hearing and it shall contain
information as to the time and place of the hearing, and
shall state where a copy of the code or a contemplated change
in an existing code may be secured.
(n) A "retail outlet" shall be a person who handles milk
and/or milk products for resale to people who customarily do
not consume them on the premises where sold.
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1934-1935 [Volume 29], book, 1935; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth17292/m1/67/: accessed April 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .