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Other duties vested in Department of Agriculture.

State fair.

Board of

Managers of what to consist.

shall not be abated, but shall be deemed to be transferred to the State Department of Agriculture and shall be carried on and determined by the Commissioner of Agriculture in accordance with the provisions of the law governing such hearing or proceeding.

[Am. by Act No. 34, P. A. 1923.]

Section 3. In addition to the foregoing powers and duties there is transferred to the State Department of Agriculture, and vested therein, the powers and duties of the State Board of Agriculture with reference to the inspection and regulation of orchards, vineyards and nurseries, the inspection and regulation of apiaries, the testing of agricultural seeds, the analysis of commercial fertilizers, the testing and examination of insecticides, and the analysis and testing of commercial stock foods, and the investigation and improvement of marketing conditions as now provided by law, and the said board is hereby relieved of each and all said powers and duties. The offices of State Inspector of Orchards and Nurseries, and Inspector of Apiaries are abolished, and the powers and duties pertaining thereto are likewise transferred to and vested in the State Department of Agriculture. All records and files pertaining to either of said offices, or to any other of the powers and duties hereby transferred, shall become a part of the records and files of the State Department of Agriculture and shall be preserved accordingly. All duties of the Secretary of State now imposed by law with reference to the collection and publication of statistics relating to agriculture and agricultural interests within the State, shall likewise be transferred to and vested in the State Department of Agriculture, and all records and data on file shall be delivered thereto by the Secretary of State, who is hereby relieved from further performance of said duties.

Sec. 4. The control of all lands and other property that now is, or hereafter may be, vested in the State of Michigan, or in the people of said State, for the purpose of holding and conducting agricultural and industrial fairs, and for other agricultural purposes, is hereby placed in the State Department of Agriculture. The State Department of Agriculture is authorized to accept, on behalf of the State, grants and conveyances of property for such purposes or for any other purpose within the scope of this act, and to consent to such conditions affecting the use thereof as may be agreed upon. All grants and conveyances shall be taken in the name of the people of the State of Michigan. An annual State fair, at the City of Detroit which shall have for its main purpose the exploiting and encouragement of improved methods in agricultural pursuits, is hereby authorized. The arrangements for such fairs and the actual conducting thereof shall be under the immediate charge of a Board of Managers of State Fairs which board shall consist of twenty members

to be appointed by the Governor and confirmed by the Senate. Five members of said board shall be appointed for one year, five members for two years, five members for three years, five members for four years, and there shall be appointed each year thereafter five members of this board, each to serve for four years. The Commissioner of Agriculture shall act as chairman of said board. Said board of managers may adopt rules and regulations governing its organization and procedure. The Board of Managers of State Fairs shall have and succeed to all of the rights, powers and duties granted to agricultural and horticultural societies, with respect to the property or properties acquired by virtue of this section, by the provisions of act number eight of the Public Acts of eighteen hundred sixty-two, as a condition of any conveyance heretofore or hereafter made to the State under the provisions of this section, the exercise of which rights, powers and duties being subject, however, to the approval of the State Administrative Board. The proceeds of the State fair, and all other moneys Proceeds→ which come into the possession of the State Department of disposition. Agriculture under the provisions of this section, shall be and remain a perpetual revolving fund out of which necessary and proper expenses for the conducting of said fair shall be paid. Each member of the board of managers, other than the Com missioner of Agriculture, shall be entitled to ten dollars per Compensation day for each day actually expended by him in attending Managers. meetings of the board of managers or for work actually performed in connection with said fair; and the members of the board shall also be entitled to their actual and necessary expenses while incurred in carrying out the provisions hereof, such compensation and expenses to be paid from the revolving fund hereby created. Whenever in the opinion of the State Administrative Board the moneys in such fund exceed the amount reasonably required for the purposes hereof, the surplus shall, on order of said board, be transferred to the general fund of the State. Said board shall before the first of December of each year make full and detailed report to the Governor of all its activities, receipts and disbursements.

[Am. by Act No. 34, P. A. 1923.]

Board of

Section 5. It shall be the duty of the State Department Duties of State Departof Agriculture to foster and promote in every possible way ment of the agricultural interests of the State of Michigan; to co- Agriculture. operate with agricultural agencies in the different counties of the State and of the federal government; to foster direct trading between the producer and consumer; and to prevent, and assist in preventing, by all available means authorized by law, the sale of unimproved lands and lands not suitable for agricultural development within the State by fraud, misrepresentation or deceit and the publication of false or misleading statements or advertising matter designed to effect

Report of
Commissioner

such sales. All of the powers and duties imposed by this act on the State Department of Agriculture shall be exercised and performed under the supervisory control of the State Administrative Board. Immediately prior to the opening of of Agriculture each regular session of the Legislature the Commissioner of to be filed Agriculture shall prepare and submit to the Governor and Legislature his report covering all of the activities of his department for the preceding biennial period. Such report may be printed by the Board of State Auditors and be distributed to such persons, organizations and public officials as the Board of State Auditors may direct.

with Governor biennially.

Commissioners,

duties of.

May make complaint, etc.

POWERS AND DUTIES OF THE COMMISSIONER.

AN ACT to provide for the appointment of a Dairy and Food Commissioner, and to define his powers and duties and fix his compensation.

(Act No. 211 Public Acts, 1893.)

Sections 1, 2, 3, 4 and 5 repealed by Act No. 263, P. A., 1917, page 683.

(C. L., 6365) Sec. 6. It shall be the duty of the Food and Drug Commissioner (Commissioner of Agriculture) to carefully inquire into the dairy and food and drink products and the several articles which are foods or drinks, or the necessary constituents of foods or drink, which are manufactured or sold or exposed or offered for sale in this State, and he may, in a lawful manner, procure samples of the same and direct the State Analyst to make due and careful examination of the same, and report to the commissioner the result of the analysis of all and any of such food and drink products or dairy products as are adulterated, impure or unwholesome in contravention of the laws of this State; and it shall be the duty of the commissioner to make a complaint against the manufacturer or vendor thereof in the proper county and furnish all evidence thereof, to obtain a conviction of the offense charged. The Food and Drug Commissioner, (Commissioner of Agriculture), or his deputy, or any person appointed by him for that purpose may make complaint and cause proceedings to be commenced against any person for the enforcement of any of the laws relative to adulterated, impure or unwholesome food or drink, and in such case he shall not be obliged to furnish security for costs and shall have power, in the performance of his duties, to enter into any creamery, factory, store, salesroom, drug store, or laboratory, or place where he has reason to believe food or drink is made, stored, sold or offered for sale and open any cask, tub, jar, bottle

person making

or operators

or package containing, or supposed to contain, any article of food or drink and examine or cause to be examined the contents thereof, and take therefrom samples for analysis. The person making such inspection shall take such sample Duty of of such article or product in the presence of at least one complaint. witness, and he shall in the presence of said witness, mark or seal such sample and shall tender at the time of taking to the manufacturer or vendor of such product, or to the person having the custody of the same, the value thereof, and a statement in writing for the taking of such sample. Whenever it is determined by the Food and Drug Commis- Notice to be sioner (Commissioner of Agriculture), his deputy or inspect- given owner ors, that filthy, or unsanitary conditions exist or are per- of insanitary places. mitted to exist in the operation of any bakery, confectionery, or ice cream plant, or in any place where any food or drink products are manufactured, stored, deposited or sold for any purpose whatever, the proprietor or proprietors, owner or owners, of such bakery, confectionery or ice cream plant, or any person or persons, owning or operating any plant where any food or drink products are manufactured, stored, deposited or sold, shall be first notified and warned by the commissioner, his deputy or inspectors to place such bakery, confectionery or ice cream plant, or any place where any food or drink products are manufactured, stored, deposited or sold in a sanitary condition within a reasonable length of time; and any person or persons owning and operating any Misdemeanor bakery, confectionery or ice cream plant or any place where what deemed. any food or drink products are manufactured, stored, deposited or sold, failing to obey such notice and warning, shall be guilty of a misdemeanor, and upon conviction thereof, Penalty upon shall be punished by a fine of not less than twenty-five dol- conviction. lars nor more than three hundred dollars and costs of prosecution, or imprisonment in the county jail not to exceed ninety days, or until such fine and costs are paid, or both fine and imprisonment at the discretion of the court.

[Am. by Act No. 245, P. A. 1895. Am. by Act No. 268, P A. 1899.

Am. by Act No. 154, P. A. 1897.
Am. by Act No. 12, P. A. 1905.]

products.

(C. L., 6366) Sec. 7. The commissioner, his deputy or when may any person by said commissioner duly appointed for that seize food purpose, is authorized at all times to seize and take possession of any and all food and dairy products, substitutes therefor, or imitation thereof kept for sale, exposed for sale or held in possession or under the control of any person which in the opinion of the said commissioner or his deputy or such person by him duly appointed, shall be contrary to the provisions of this act or other laws which now exist or which may be hereafter enacted.

First, The person so making such seizure as aforesaid, shall To take take from such goods as seized a sample for the purpose of sample. analysis and shall cause the remainder thereof to be boxed and sealed and shall leave the same in the possession of the

To forward

for analysis.

Proceedings

when found adulterated.

Goods to be forfeited.

Proceeds of sale.

person from whom they were seized, subject to such disposition as shall hereafter be made thereof according to the provisions of this act.

Second, The person so making such seizure, shall forward the sample so taken to the State Analyst for analysis, who shall make an analysis of the same and shall certify the results of such analysis, which certificate shall be prima facie evidence of the fact or facts therein certified to in any court where the same may be offered in evidence.

Third, If upon such analysis it shall appear that said food or dairy products are adulterated, substitutes or imitations within the meaning of this act, said commissioner, or his deputy or any person by him duly authorized may make complaint before any justice of the peace or police justice having jurisdiction in the city, village or township where such goods were seized, and thereupon said justice of the peace shall issue his summons to the person from whom said goods were seized, directing him to appear not less than six nor more than twelve days from the date of the issuing of said summons and show cause why said goods should not be condemned and disposed of. If the said person from whom said goods were seized cannot be found said summons shall be served upon the person then in possession of the goods. The said summons shall be served at least six days before the time of appearance mentioned therein. If the person from whom said goods were seized cannot be found, and no one can be found in possession of said goods, and the defendant shall not appear on the return day, then said justice of the peace shall proceed in said cause in the same manner provided by law where a writ of attachment is returned not personally served upon any of the defendants and none of the defendants shall appear upon the return day.

Fourth, Unless cause to the contrary thereof is shown, or if said goods shall be found upon trial to be in violation of any of the provisions of this act or other laws which now exist or which may be hereafter enacted, it shall be the duty of said justice of the peace or police justice to render judg ment that said seized property be forfeited to the State of Michigan, and that the said goods be destroyed or sold by the said commissioner for any purpose other than to be used for food. The mode of procedure before said justice shall be the same, as near as may be as in civil proceedings before justices of the peace. Either parties may appeal to the circuit court as appeals are taken from justices' courts, but it shall not be necessary for the people to give any appeal bond.

Fifth, The proceeds arising from any such sale shall be paid into the State treasury and credited to the general fund: Provided, That if the owner or party claiming the property or goods so declared forfeited can produce and prove a written guarantee of purity, signed by the wholesaler, jobber, manufacturer or other party from whom said articles were purchased, then the proceeds of the sale of such

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