all places of business, factories, farms, buildings, carriages, cars, vessels and cans used in the manufacture and sale of any dairy products or any imitation thereof. They shall also have power and authority to open any package, can or vessel containing such articles which may be manufactured, sold or exposed for sale in violation of the provisions of this act, and may inspect the contents therein and may take therefrom samples for analysis.

Jurisdiction of special sessions. § 11. Courts of special sessions shall have jurisdiction of all cases arising under this act, and their jurisdiction is hereby extended so as to enable them to enforce the penalties imposed by any or all of the sections hereof.

Costs, payment of. § 12. In all prosecutions under this act the costs thereof shall be paid out of the fine, if one is collected; if not, the same shall be paid in the manner now provided for by law, and the rest of the fine shall be paid to the

state treasurer.

Percentage of milk solids, etc. § 13. In all prosecutions under this act, relating to the sale and manufacture of unclean, impure, unhealthy, adulterated, or unwholesome milk, if the milk be shown to contain more than eighty-eight per centum of water or fluids or less than twelve per centum of milk solids which shall contain not less than three per centum of fat, it shall be declared adulterated, and milk drawn from cows within fifteen days before and five days after parturition, or from animals fed on distillery waste, or any substance in the state of putrefaction, or fermentation, or upon any unhealthy food whatever, shall be declared unclean, impure, unhealthy and unwholesome milk. This section shall not prevent the feeding of ensilage from silos.

Held, that this section is constitutional, 101 N. Y., 634; rev'g 37 Hun, 319.

Evidence. § 14. The doing of anything prohibited being done, and the not doing of anything directed to be done in this act shall be presumptive evidence of a wilful intent to violate the different sections and provisions hereof.

Acts repealed. § 15. Chapters four hundred and sixty-seven of the laws of eighteen hundred and sixty-two, five hundred and forty-four and five hundred and eighteen of the laws of eighteen hundred and sixty-four, five hundred and fifty-nine of the laws of eighteen hundred and sixty-five, four hundred and fifteen of the laws of eighteen hundred and seventy-seven, two hundred and twenty and two hundred and thirty-seven of the laws of eighteen hundred and seventy-eight, four hundred and thirty-nine of the laws of eighteen hundred and eighty, and two hundred and fourteen of the laws of eighteen hundred and eighty-two, are hereby repealed.

L. 1885, Chap. 183-An act to prevent deception in the sale of dairy products, and to preserve the public health, being supplementary to and in aid of chapter two hundred and two of the laws of eighteen hundred and eighty-four, entitled “ An act to prevent deception in sales of dairy products."

Sale of adulterated or unwholesome milk prohibited; not to apply to skim milk or skim cheese sold in certain cases; penalty. SECTION 1. No person or persons shall sell or exchange, or expose for sale or exchange, any unclean, impure, unhealthy, adulterated or unwholesome milk, or shall offer for sale any article of food made from the same or of cream from the same. The provisions of this section shall not apply to skimmed milk sold for use in the county in which it is produced, and in adjoining counties, except in New York and Kings counties (where it shall apply), provided it is sold for and as such. This provision shall not apply to pure skim cheese made from milk which is clean, pure, healthy, wholesome and unadulterated, except by skimming. Whoever violates the provisions of this section is guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars or by imprisonment of not less than one

month or more than six months, or by both such fine and imprisonment for the first offense; and by a fine of not less than fifty dollars nor more than four hundred dollars, or by imprisonment of not less than one month nor more than six months, or by both such fine and imprisonment for a second offense, and for a third or any subsequent offense by a fine of not less than two hundred dollars and imprisonment not less than thirty days and not exceeding three months. [Thus amended by L. 1888, ch. 550, superseding L. 1886, ch. 577, and L. 1887, ch. 223.] 44 Hun, 162; 42 Hun, 549.

Cows, how to be kept and fed. § 2. No person shall keep cows for the production of milk for market, or for sale or exchange, or for manufacturing the same, or cream from the same into articles of food, in a crowded or unhealthy condition, or feed the cows on food that is unhealthy, or that produces impure, unhealthy, diseased or unwholesome milk. No person shall manufacture from impure, unhealthy, diseased or unwholesome milk, or of cream from the same, any article of food. Whoever violates the provisions of this section is guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars, or by imprisonment of not less than one month or more than four months, or by both such fine and imprisonment for the first offense, and by four months' imprisonment for each subsequent offense.

Diluted milk, etc., not to be taken to factory, or cream or strippings kept back, etc.; penalty. §3. No person or persons shall sell, supply or bring to be manufactured to any butter or cheese manufactory, any milk diluted with water, or any unclean, impure, unhealthy, adulterated or unwholesome milk, or milk from which any cream has been taken (except pure skim milk to skim cheese factories), or shall keep back any part of the milk commonly known as "strippings," or shall bring or supply milk to any butter or cheese manufactory that is sour (except pure skim milk to skim cheese factories). No butter or cheese manufactories, except those who buy all the milk they use, shall use for their own benefit, or allow any of their employees or any other person to use for their own benefit, any milk, or cream from the milk, or the product thereof, brought to said manufactories, without the consent of the owners thereof. Every butter or cheese manufacturer, except those who buy all the milk they use, shall keep a correct account of all the milk daily received, and of the number of packages of butter and cheese made each day, and the number of packages and aggregate weight of cheese and butter disposed of each day, which account shall be open to inspection to any person who delivers milk to such manufacturer. Whoever violates the provisions of this section shall be guilty of a misdemeanor, and shall be punished for each offense by a fine of not less than twenty-five dollars or more than two hundred dollars, or not less than one month or more than six months' imprisonment, or both such fine and imprisonment.

50 N. Y., 314. This section is constitutional, 106 N. Y., 293, aff'g 44 Hun, 162.

Packages to be branded by maker with name, etc.; penalty. § 4. No manufacturer of vessels for the package of butter shall sell or dispose of any such vessels without branding his name and the true weight of the vessel or vessels on the same, with legible letters or figures not less than one-fourth of an inch in length. Whoever violates the provisions of this section is guilty of a misdemeanor, and shall be punished for each offense by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment of not less than thirty days or more than sixty days, or by both such fine and imprisonment.

Cans, etc., to be branded with name of county; penalty. § 5. No person shall sell, or offer or expose for sale, any milk except in the county from which the same is produced, unless each can, vessel or package containing such milk shall be distinctly and durably branded with letters not less than one inch in length, on the outside above the center, on every can, vessel or package containing such milk the name of the county from which the same is produced; and the same marks shall be branded or painted in a conspicuous place on the carriage or vehicle in which the milk is drawn to be sold; and such milk can only be sold in, or retailed

out of a can, vessel, package or carriage so marked. Whoever violates the provisions of this section shall be guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars, or not less than two months' or more than four months' imprisonment, or both such fine and imprisonment, for the first offense, and by four months' imprisonment for each subsequent offense.

Oleomargarine, manufacture of, prohibited, penalty. § 6. No person shall manufacture out of any oleaginous substance or substances, or any compound of the same, other than that produced from unadulterated milk, or of cream from the same, any article designed to take the place of butter or cheese produced from pure unadulterated milk or cream of the same, or shall sell, or offer for sale, the same as an article of food. This provision shall not apply to pure skim-milk cheese, made from pure skim-milk. Whoever violates the provisions of this section shall be guilty of a misdemeanor, and be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or not less than six months' or more than one year's imprisonment, or both such fine and imprisonment for the first offense, and by imprisonment for one year for each subsequent offense. [Thus amended by L. 1885, ch. 458.]

Imitation butter and cheese, manufacture of, prohibited; penalty. § 7. No person, by himself or his agents or servants, shall render or manufacture out of any animal fat, or animal or vegetable oils not produced from unadulterated milk or cream from the same, any article or product in imitation or semblance of natural butter or cheese produced from pure unadulterated milk or cream of the same, nor mix, compound with, or add to milk, cream, or butter, any acids or other deleterious substance, or any animal fats or animal or vegetable oils not produced from milk or cream, so as to produce any article or substance or any human food in imitation or semblance of natural butter or cheese, nor sell, keep for sale, or offer for sale, any article, substance or compound made, manufactured or produced in violation of the provisions of this section, whether such article, substance or compound shall be made or produced in this state or elsewhere. This section shall not be so construed as to require evidence of a wilful or intentional violation thereof. Whoever violates the provisions of this section shall be guilty of a misdemeanor and be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or not less than six months' or more than one year's imprisonment for the first offense, and by imprisonment for one year for each subsequent offense. Nothing in this section shall impair the provisions of section six of this act. [Thus amended by L. 1886, ch. 577, superseding L. 1885, ch. 458, § 2.]

44 Hun, 493; 40 Hun, 358; aff'd, 103 N. Y., 388. This section is constitutional, 105 N.Y., 123. Manufacture, mixing, etc., of animal fats, etc., to be sold for butter or cheese, prohibited, etc., penalty. § 8. No person shall manufacture, mix or compound with or add to natural milk, cream or butter any animal fats or animal or vegetable oils, nor shall he make or manufacture any oleaginous substance not produced from milk or cream, with intent to sell the same for butter or cheese made from unadulterated milk or cream, or have the same in his possession, or offer the same for sale with such intent, nor shall any article or substance or compound so made or produced, be sold, intentionally or otherwise, as and for butter or cheese, the product of the dairy. If any person shall coat, powder or color with annatto or any coloring matter whatever butterine or oleomargarine, or any compounds of the same, or any product or manufacture made in whole or in part from animal fats, or animal or vegetable oils not produced from unadulterated milk or cream, whereby the said product, manufacture, or compound, shall be made to resemble butter or cheese, the product of the dairy, or shall have the same in his possession, with intent to sell the same, or shall sell or offer the same for sale. No person shall be excused from liability under this section or section seven of this act on account of want of knowledge of the nature or ingredients of the product so in his possession, sold or offered for sale by him. Whoever violates any of the provisions of this section shall be guilty of a misdemeanor, and be punished by a fine

of not less than one hundred dollars nor more than one thousand dollars. This section shall not be construed to impair or affect the prohibitions of sections six and seven of this act. [Thus amended by L. 1886, ch. 577, superseding L. 1885, ch. 458, § 3.]

39 Hun, 361; 40 Hun, 358; 4 N. Y. Crim. R., 144; 44 Hun, 493; 106 N. Y., 321.

Manufacturers may brand cheese, etc. § 9. Every manufacturer of full-milk cheese may put a brand upon each cheese indicating "full-milk cheese," and the date of the month and year when made; and any person using this brand upon any cheese made from which any cream whatever has been taken shall be guilty of a misdemeanor, and shall be punished for each offense by a fine of not less than one hundred dollars nor more than five hundred dollars.

Using of false brand a misdemeanor. § 10. No person shall offer, sell or expose for sale in full packages, butter or cheese branded or labelled with a false brand or label as to county or state in which the article is made. Whoever violates the provisions of this section is guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars or more than fifty dollars, or imprisonment of not less than fifteen days or more than thirty days for the first offense, and fifty dollars or thirty days' imprisonment for each subsequent offense.

Packages of condensed milk, how labelled and made; penalty. § 11. No person shall manufacture, sell or offer for sale any condensed milk, unless the same shall be put up in packages upon which shall be distinctly labelled or stamped the name, or brand, by whom or under which the same is made. No condensed milk shall be made, or offered for sale, unless the same is manufactured from pure, clean, healthy, fresh, unadulterated and wholesome milk, from which the cream has not been removed, or unless the proportion of milk solids contained in the condensed milk shall be in amount the equivalent of twelve per centum of milk solids in crude milk, and of such solids twenty-five per centum shall be fat. When condensed milk shall be sold from cans, or packages not hermetically sealed, the vendor shall brand or label such cans or packages with the name of the county or counties from which the same was produced, and the name of the vendor. Whoever violates the provisions of this section shall be guilty of a misdemeanor, and be punished by a fine of not less than fifty dollars or more than five hundred dollars, or by imprisonment of not more than six months, or by both such fine and imprisonment for the first offense, and by six months' imprisonment for each subsequent offense.

State dairy commissioner, how appointed, term of office, salary, powers, duties; assistants, clerks, expenses, reports. § 12. Upon the expiration of the term of office of the present commissioner, the governor, by and with the advice and. consent of the senate, shall appoint a commissioner, who shall be known as the New York state dairy commissioner, who shall be a citizen of this state, and who shall hold his office for the term of two years, or until his successor is appointed, and shall receive a salary of three thousand dollars per annum, and his necessary expenses incurred in the discharge of his official duties under this act. Said commissioner shall be charged, under the direction of the governor, with the enforcement of the various provisions thereof, and with all laws prohibiting or regulating the adulteration of butter, cheese or milk. The said commissioner is hereby authorized and empowered to appoint such assistant commissioners and to employ such experts, chemists, agents and such counsel as may be deemed by him necessary for the proper enforcement of this law, their compensation to be fixed by the commissioner. The said commissioner is also authorized to employ a clerk at an annual salary not to exceed twelve hundred dollars. The sum of fifty thousand dollars is hereby appropriated, to be paid for such purpose out of any moneys in the treasury not otherwise appropriated. All charges, accounts and expenses authorized by this act shall be paid by the treasurer of the state upon the warrant of the comptroller, after such expenses have been audited and allowed by the comptroller. The entire expenses of said commissioner shall not exceed the sum ap

propriated for the purposes of this act. The said commissioner shall make annual reports to the legislature, on or before the fifteenth day of January of each year, of his work and proceedings, and shall report in detail the number of assistant commissioners, experts, chemists, agents and counsel he has employed, with their expenses and disbursements. The said commissioner shall have a room in the new capitol, to be set apart for his use by the capitol commissioner. The said commissioner and assistant commissioners and such experts, chemists, agents and counsel as they shall duly authorize for the purpose, shall have full access, egress and ingress to all places of business, factories, farms, buildings, carriages, vessels and cans used in the manufacture and sale of any dairy products or any imitation thereof. They shall also have power and authority to open any package, can or vessel containing such articles which may be manufactured, sold or exposed for sale, in violation of the provisions of this act, and may inspect the contents therein and may take therefrom samples for analysis. This section shall not affect the tenure of the office of the present commissioner.

Certificate of chemist sufficient evidence. § 13. Upon the application for a warrant under this act, the certificate of the analyst or chemist of any analysis made by him shall be sufficient evidence of the facts therein stated. Every such certificate shall be duly signed and acknowledged by such analyst or chemist before an officer authorized to take acknowledgments of conveyances of real estate.

Jurisdiction of special sessions. § 14. Courts of special sessions shall have jurisdiction of all cases arising under this act, and their jurisdiction is hereby extended so as to enable them to enforce the penalties imposed by any or all sections thereof.

Money recovered, how to be disposed of, etc. § 15. In all prosecutions under this act, one-half of the money shall be paid by the court or clerk thereof to the city or county where the recovery shall be had, for the support of the poor, except in the city and county of New York and the city of Brooklyn, shall be equally divided between the pension funds of the police and fire departments; and the residue shall be paid to the treasury of the state. All sums of money expended by the dairy commissioner under the provisions of this act, shall be audited and allowed by the comptroller of the state. Any bond given by any officer shall be subject to the provisions of this section. [Thus amended by L. 1886, ch. 577.]

Standard, eighty-eight per cent water and twelve per cent milk solids; duty of officer taking sample for analysis. § 16. When any officer, authorized by this act to inspect milk offered for sale shall, in the discharge of his duties, take a sample of milk for purposes of analysis, it shall be his duty to take duplicate samples thereof, in the presence of at least one witness, and he shall, in the presence of such witness, seal both of the said samples, and shall tender and if accepted deliver, at the time of such taking, one sample to the vendor of said milk or to the person having custody of the same with a statement, in writing, of the cause of the sample having been taken. In all prosecutions, under this act, relating to the manufacture and sale of unclean, impure, unhealthy, adulterated or unwholesome milk, if the milk be shown to contain more than eighty-eight per centum of water or fluids, or less than twelve per centum of milk solids, which shall contain not less than three per centum of fat, it shall be declared adulterated; and milk drawn from cows within fifteen days before, and five days after, parturition, or from animals fed on distillery waste, or any substance in the state of fermentation or putrefaction, or upon any unhealthy food whatever, shall be declared unclean, unhealthy, impure and unwholesome milk. This section shall not prevent the feeding of ensilage. [Thus amended by L. 1887, ch. 430.]

Evidence; principal's liability for act of agent, etc. § 17. The doing of anything herein prohibited being done, shall be evidence of a violation of the provisions of this act relative to the thing so prohibited; and the not doing of anything herein directed to be done, shall be evidence of a violation of the provisions of this act relative to the thing so directed to be done. If any person shall suffer any viola