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Agricultural Law (L. 1893, ch, 338), S 27. any human food in imitation or in semblance of natural butter, 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. Iny person manufacturing, selling, offering or exposing for sale any commodity or substance in imitation or semblance of butter the product of the dairy, shall be deemed guilty of a violation of the agricultural law, whether he sells such commodity or substance as butter, oleomargarine or under any other name or designation whatsoever and irrespective of any representations he may make relative to such commodity or substance. Iny dealer in any article or product, the manufacture or sale of which is prohibited by this act, wlio shall keep, store or display such article or product, with other merchandise or stock in his place of business, shall be deemed to have the same in his possession for sale. (Amended by L. 189+, ch. 126, L. 1897, ch. 768, and L. 1902, ch. 385, in effect April 7, 1902.)
The amendment is designed to supersede decisions as to intent, cited in C. & G. General Laws, p. 170, and also the following decision:
Allegations in complaint.-- Where the plaintiff in an action to recover a penalty for the violation of this section contains no allegation that the substance in question was offered for sale or sold as " butter," it is error to permit the plaintiff upon the trial to amend his complaint by adding such allegations. People v. Bremer, 69 App. Div. 14, 74 N. Y. Supp. 570.
Constitutionality; effect of Federal tax act. This section is not unconstitutional so far as it prohibits the sale of oleomargarine which has been changed by the addition of coloring matter from the natural white color to the yellow color of butter, even though the seller discloses the true character of the substance at the time of the sale. A Federal statute providing for the taxation of persons engaged in the manufacture or sale of oleomargarine does not authorize such manufacture or sale in a state in which either is lawfully forbidden. People 1. Meyer, 89 lpp. Div. 185, 85 N. Y. Supp. 834.
$ 27. Manufacturing or mixing of animal fats with milk, cream or butter. (C. & G. Gen. Laws, p. 170.)
Provision relating to preservatives unconstitutional.-- The provision of this section preventing the use of preservatives in dairy products is unconstitutional and void, because it absolutely forbids the sale of articles of food when they contain preservatives other than those specified, even though they are not rendered unwholesome by the use of such ingredients. People v. Biesecker, 169 N. Y. 53.
Agricultural Law (L. 1893, ch. 338), SS 28, 32, 33.
§ 28. Prohibited articles not to be furnished. (C. & G. Gen. Laws, p. 172.)
Use of oleomargarine in restaurants.-- The proprietor of a restaurant who keeps and serves for food to his patrons and for cooking an article known as oleomargarine, made in imitation of butter, is liable for the penalty imposed by the above section, and it need not be alleged or proved by the plaintiff that such article was kept and used as butter. People v. Berwind, 38 Misc. 315, 77 N. Y. Supp. 859.
$ 32. Receptacles for milk; place of storage. -- No person, firm, association or corporation, producing, buying or receiving milk, for the purpose of selling the same for consumption as such, or for manufacturing the same into butter, cheese, condensed milk, or other human food, shall keep the same in utensils, cans, vessels, room or rooms, building or buildings, that are unclean or that have unsanitary surroundings or drainage, or in any condition whatsoever that would tend to produce or promote conditions favorable to umhealthfulness or disease. The commissioner of agriculture shall notify all persons, firms, associations or corporations violating this section, to clean said utensils, cans, vessels, room or rooms, building or buildings, or to so improve the sanitary conditions that the law will not be violated, and if such notice is complied with in ten days time, Sundays excepted, then no action shall lie for a violation of this section. (Amended by L. 1898, ch. 153 and L. 1904, ch. 168, in effect March 28, 1904.)
$ 33. Manufacturer's brand of cheese.— Every manufacturer of full-milk cheese may put a brand or label upon such cheese indicating “full-milk cheese," and the date of the month and year when made; and no person shall use such a brand or label upon any cheese made from milk from which any of the cream has been taken. The commissioner of agriculture shall procure and issue to the cheese manufacturers of the state, on proper application therefor, and under such regulations as to the custody and use thereof as he may prescribe, a uniform stencil brand or labels bearing a suitable device or motto, and the words, “ New York state fullcream cheese." Every such brand or label shall be used upon the outside of the cheese and shall bear a different member for each separate factory. The commissioner shall keep a book, in which shall be registered the name, location and number of each manufactory using the brands or labels, and the name or names of the Agricultural Law (L. 1893, ch. 338), $$ 37, 50, 51. persons at each manufactory authorized to use the same. No such brand or labels shall be used upon any other than full-cream cheese or packages containing the same. (Amended by L. 1898, ch. 559 and L. 1904, ch. 27, in effect March 1, 1904.)
$ 37. Penalties. (C. & G. Gen. Laws, p. 175.)
Collection of penalties. The provisions of this section prescribing a penalty for the violation of section 26 of the Agricultural Law contemplate that such penalty should be collected in a civil and not in a criminal proceeding. People v. Bremer, 69 App. Div. 14, 74 N. Y. Supp. 570.
Pleadings.- A complaint which alleges that the defendant “ did expose for sale, offer for sale and sell, a quantity of impure and adulterated milk, to wit, five cans of milk, in violation of sections 20, 22 and 23,” of the Agricultural Law, alleges but a single cause of action for a single violation of the statute, and only one penalty can be recovered. People v. Buell, 85 App. Div. 141, 83 N. Y. Supp. 143.
$ 50. Definition of adulterated vinegar. (C. & G. Gen. Laws,
Pure cider vinegar.- The term “ cider vinegar" in the above section is defined as meaning vinegar made exclusively from pure apple juice. The word "
pure as here used means “ free from any defiling or objectionable mixture.” The object of the statute, namely, to prevent adulteration and injury to health, is not defeated, or in any way hindered, by the treatment of pure apple juice in the course of manufacture by the introduction of pure water for the purpose of reducing the acid to vinegar. And so long as the product complies with the standard of unadulterated products, all its ingredients being pure and in no way deleterious, it ought not to be declared impure or adulterated. People v. Heinz, 90 App. Div. 408, 86 N. Y. Supp. 141.
$ 51. Manufacture and sale of adulterated vinegar. (C. & G. Gen. Laws, p. 171.)
Coloring vinegar in imitation of cider vinegar.- A domestic corporation which manufactures and has in its possession in this State vinegar not made exclusively from pure apple juice, and, therefore, not cider vinegar, but which has been artificially colored in imitation of that commodity, and placed in barrels branded with the words (ider Vinegar” is guilty of a violation of the above section, although such vinegar was intended for shipment and was actually shipped to customers in other States. People v. Niagara Fruit Co., 75 App. Div. 11, 77 N. Y. Supp. 805, affirmed, 173 N. Y. 629.
Agricultural Law (L. 1893, ch. 338), SS 60, 67. § 60. Suppression of infectious and contagious disease.-Whenever any infectious or contagious disease, affecting domestic animals shall exist, be brought into or break out in this state the commissioner of agriculture shall take measures to promptly suppress the same, and to prevent such disease from spreading. The local boards of health shall notify the commissioners of the existence of infectious or contagious disease affecting domestic animals in the districts subject to their jurisdiction. Any person or persons importing or bringing into this state neat cattle for dairy or breeding purposes shall report immediately upon bringing such cattle into the state to the commissioner of agriculture in writing, giving a statement of the number of cattle thus brought in, the place where they were procured, the lines over which they were brought and their point of destination within the state, stating when they will arrive at such point of destination, and upon the filing with the commissioner of agriculture at the time of making the said report, a certificate issued by duly authorized veterinary practitioner, to the effect that he has duly examined said animal or animals and that said animals are free from any infectious or contagious disease, the commissioner of agriculture may issue a permit to said person or persons to remove said cattle immediately. Otherwise, said person or persons shall hold or detain such animals at least forty-eight hours at such point of destination for inspection and examination, provided they are not sooner examined or inspected, by the commissioner of agriculture or his duly authorized agent or agents. Each animal brought into the state in violation of the above provisions shall constitute a separate and distinct violation of the agricultural law. The provisions of this section, relating to the importation of neat cattle for dairy or breeding purposes, shall not apply to cattle imported into this state at a point where there is federal inspection. (Amended by L. 1900, ch. 118, L. 1901, ch. 321 and L. 1903, ch. 214, in effect July 1, 1903.)
$ 67. Appraiser of condemned animals. The commissioner of agriculture may appoint and at pleasure remove one state appraiser of condemned animals. The person so appointed shall be a person of experience and well acquainted with the value of farm animals. He shall receive an annual salary of fifteen hundred dollars, and all necessary travelling and other expenses incurred in the performance of his duties. The commissioner of agriculture may also Agricultural Law (L. 1893, ch. 338), SS 70e, 70f. appoint from time to time such additional appraisers of condemned animals as the work of his department may necessitate, such appraisers shall receive a compensation of five dollars per diem and all travelling and other expenses necessarily incurred in the performance of their duties. (Amended by L. 1901, ch. 321 and L. 1904, ch. 253, in effect April 8, 1904.)
§ 70e. Slaughtering and selling veal for food.— No person shall slaughter, for the purpose of selling the same for food, or expose
for sale or sell within this state, or bring or cause to be brought into any city, town or village within this state for food any calf or carcass of the same, or any part thereof except the hide, unless it is in good healthy condition and was at least four weeks of age at the time of killing. Any person or persons duly authorized by the commissioner of agriculture, may examine any calf or veal found within this state offered or exposed for sale, or kept with intent to sell as food, and if such calf is under four weeks of age, or the veal is from a calf killed under four weeks of age, or from a calf in an unhealthy condition when so killed, he may seize the same and cause it to be destroyed or disposed of in such manner as to make it impossible to be thereafter nised as food. (Added by L. 1902, ch. 30, in effect Feb. 19, 1902.)
This and the two following sections are added in view of the possible repeal of sections 71, 72 and 73 of the Agricultural Law, by L. 1901, ch. 321. These sections were added to the law by L. 1898, ch. 491. The article in which they were contained was amended throughout by L. 1901, ch. 321, for the purpose of revising the law relating to diseases of domestic animals. By an apparent inadvertence the article amended as amended by L. 1898, ch. 491," and it was contended that this operated to repeal the “bob veal ” sections. They were included in C. and Gi’s General Laws, etc., at p. 185. In any event the re-enactment of the law ends the controversy as to future violations.
$ 70f. Shipping veal.- On and after the passage of this act it shall be unlawful for any corporation, partnership, person or persons to ship to or from any part of this state any carcass or carcasses of a calf or calves or any part of such carcass except the hide, unless they shall attach to every carcass or part thereof so shipped in a conspicuous place a tag, that shall stay thereon during such transportation, stating the name or names of the person or persons who raised the calf, the name of the shipper, the points of shipping and the destination and the age of the calf. (Added by L. 1902, ch. 30, in effect Feb. 19, 1902.)