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Agricultural Law (L. 1893, ch. 338), §§ 88a, 89.

wagers made, wheel of fortune, or the playing or carrying on of any game of chance, upon the grounds used by it for, or during, an annual meeting, fair or exhibition, shall thereupon forfeit its rights to any moneys it would or might be entitled to receive under the provisions of this act; and it shall be the duty of the president and secretary, or treasurer of every agricultural society, agricultural club, or agricultural exposition entitled to receive money under the provisions of this act, to certify, in their annual report to the commissioner of agriculture, executed under oath, on or before the fifteenth day of December, in each year, that at the last annual meeting, fair or exhibition held by or under the direction of such society, club or exposition, it did not knowingly permit any immoral, lewd, obscene or indecent show or exhibition by whatever name known, or use or knowingly permit the use of, any gambling device, device, instrument or contrivance in the operation of which bets were laid, or wagers made, any wheel of fortune, or the playing or carrying on of any game of chance, upon the grounds used by it for, or during such last annual meeting, fair or exhibition, which report shall be filed in the office of commissioner of agriculture. If the president and secretary or treasurer of any agricultural society, agricultural club, or agricultural exposition, entitled to receive moneys under the provisions of this act, shall neglect or refuse to make and file such certificate, such society, club or exposition shall thereupon be deemed to have forfeited all its rights to any moneys it might otherwise be entitled to receive under this act for such year, but this shall not be construed to prohibit horse racing, or tests or trials of skill. (Amended by L. 1894, ch. 241; L. 1895, ch. 820; L. 1896, ch. 221; L. 1897, ch. 589; L. 1898, ch. 494; L. 1900, ch. 87; L. 1900, ch. 339; L. 1901, ch. 144, and L. 1903, ch. 142, in effect April 6, 1903.)

§ 88a. Time for distribution of money appropriated. (Added by L. 1902, ch. 521; repealed by L. 1903, ch. 142, in effect April 6, 1903.)

§ 89. Distribution of money. Of all moneys appropriated in the regular appropriation bill during any one year by the legislature for distribution among the agricultural societies by the commissioner of agriculture the said commissioner may distribute to the agricultural societies entitled to partake thereof an amount to each one on or after the first day of October, in the said year, from the

Agricultural Law (L. 1893, ch. 338), § 120.

moneys due said society not to exceed fifty per centum of the amount of premiums paid by the said society at its annual fair held during said year. Any balance or balances shall be distributed as provided by section eighty-eight of the agricultural law. (Inserted by L. 1895, ch. 587, and amended by L. 1902, ch. 521, and L. 1903, ch. 142, in effect April 5, 1903.)

L. 1903, ch. 142, § 4. If any agricultural society or club has received two thousand dollars from the state under section eighty-nine of the agricultural law for premiums paid at their annual fair held in the year nineteen hundred and two, such sum of two thousand dollars shall be deducted from the amount which it would be entitled to receive from the state under the provisions of section eighty-eight of the agricultural law as hereby amended, for premiums paid during the year nineteen hundred and two.

ARTICLE IX.

[Article as added by L. 1899, ch. 510, and amended in part by L. 1900, ch. 79, amended throughout by L. 1904, ch. 558, in effect May 3, 1904.]

SALE AND ANALYSIS OF CONCENTRATED COMMERCIAL FEEDING

STUFFS.

Section 120. Term "concentrated commercial feeding stuffs" defined. 121. Statements to be attached to packages; contents; analysis. 122. Statements to be filed with commissioner of agriculture;

to be accompanied by sample.

123. License fee.

124. Commissioner of agriculture to take samples for analysis. Analysis to be made by director of experiment station.

125. Penalty for violation of article. (Repealed.)

126. Sale of adulterated meal or ground grains; penalty.

127. Violation to be reported to the commissioner of agriculture. (Repealed.)

as

§ 120. Term "concentrated commercial feeding stuffs" defined. The term "concentrated commercial feeding stuffs used in this article, shall include linseed meals, cottonseed meals, pea meals, bean meals, peanut meals, cocoanut meals, gluten meals, gluten feeds, maize feeds, starch feeds, sugar feeds, dried distiller's grains, dried brewer's grains, malt sprouts, hominy feeds, cerealine feeds, rice meals, dried beet refuse, oat feeds, corn and oat chops, ground beef or fish scraps, meat and bone meals, mixed feeds, clover meals, condimental stock and poultry foods patented, proprietary or trade-marked stock and poultry foods, and all other materials of

Agricultural Law (L. 1893, ch. 338), § 121, 122.

similar nature; but shall not include hays and straws, the whole seeds nor the unmixed ineals made directly from the entire grains. of wheat, rye, barley, oats, Indian corn, buckwheat and broom corn. Neither shall it include wheat, rye and buckwheat brans or middlings, not mixed with other substances, but sold separately, as distinct articles of commerce, nor pure grains ground together, nor wheat bran and middlings mixed together not mixed with any other substances and known in trade as "mixed feed." (Added by L. 1899, ch. 510, and amended by L. 1904, ch. 558, in effect May 3, 1904.)

§ 121. Statements to be attached to packages; contents; analysis. No manufacturer, firm, association, corporation or person shall sell, offer or expose for sale or for distribution in this state any concentrated commercial feeding stuff used for feeding live stock, unless each car or other amount shipped in bulk shall have affixed to it or be accompanied by a plainly printed statement clearly and truly certifying the name or trade-mark under which the article is sold, the name of the manufacturer, the place of manufacture, the shipper and the place of business and a statement of the constituents of such concentrated feeding stuff as shown by a chemical analysis. Such statement to show the percentage it contains of crude protein and of crude fat. If such concentrated feeding stuff is in packages such statement shall be affixed to the package, and shall also state the number of pounds in such package. Whenever any feeding stuff is sold at retail in bulk or in packages belonging to the purchaser, the agent or dealer, upon request of the purchaser shall furnish to him the certified statement named in this section. (Added by L. 1899, ch. 510, and amended by L. 1904, ch. 558, in effect May 3, 1904.)

§ 122. Statements to be filed with commissioner of agriculture; to be accompanied by sample. Before any manufacturer, company or person shall sell, offer or expose for sale in this state any concentrated commercial feeding stuffs, he or they shall for each and every feeding stuff bearing a distinguishing name or trade-mark, file annually during the month of December with the commissioner of agriculture a certified copy of the statement specified in the preceding section, said certified copy to be accompanied, when the said commissioner shall so request, by a sealed glass jar or bottle containing at least one pound of the feeding stuff

Agricultural Law (L. 1893, ch. 338), §§ 123, 124.

to be sold or offered for sale, and the company or person furnishing said sample shall thereupon make affidavit that said sample corresponds to the feeding stuff which it represents, in the percentage of protein and fat which it contains. (Added by L. 1899, ch. 510, and amended by L. 1904, ch. 558, in effect May 3, 1904.)

§ 123. License fee. Every manufacturer, importer, agent or seller of any concentrated commercial feeding stuffs, shall pay annually during the month of December to the treasurer of the state of New York a license fee of twenty-five dollars for each and every brand sold or offered for sale. Whenever a manufacturer, importer, agent or seller of concentrated commercial feeding stuffs desires at any time to sell such material and has not paid the license fee therefor in the preceding month of December, as required by this section, he shall pay the license fee prescribed herein before making any such sale. Said treasurer shall in each case at once certify to the commissioner of agriculture the payment of such license fee. Each manufacturer, importer or person who has complied with the provisions of this article shall be entitled to receive a certificate from the commissioner of agriculture setting forth said facts. The treasurer of the state of New York shall pay from the amount of such license fees, when duly appropriated, the moneys required for the expense incurred in enforcing the provisions of this article. Whenever the manufacturer, importer or shipper of concentrated commercial feeding stuffs shall have filed the statement required by section one hundred and twenty-one of this article and paid the license fee as prescribed in this section, no agent or seller of such manufacturer, importer or shipper shall be required to file such statement or pay such fee. (Added by L. 1899, ch. 510, and amended by L. 1900, ch. 79, and L. 1904, ch. 558, in effect May 3, 1904.)

§ 124. Commissioner of agriculture to take samples for analysis; analysis to be made by director of experiment station. -The commissioner of agriculture shall at least once in each year transmit to the New York agricultural experiment station for analysis at least one sample to be taken in the manner hereinafter prescribed, of the different concentrated commercial feeding stuffs sold or offered for sale under the provisions of this article. The said commissioner of agriculture or his duly authorized representative in taking samples shall take them in duplicate in the presence

Agricultural Law (L. 1893, ch. 338), §§ 125, 127.

of at least one witness, and in the presence of such witness shall seal such samples and shall at the time of taking tender, and if accepted, deliver to the person apparently in charge one of such samples, the other sample the commissioner of agriculture shall cause to be analyzed. The director of said experiment station shall continue to analyze or cause to be analyzed such samples of concentrated commercial feeding stuffs taken under the provisions of this article as shall be submitted to him for that purpose by the commissioner of agriculture and shall report such analyses to the commissioner of agriculture and for this purpose the New York agricultural experiment station may continue to employ chemists and incur such expenses as may be necessary to comply with the requirements of this article. The result of the analysis of the sample or samples so procured, together with such additional information as circumstances advise, shall be published in reports or bulletins from time to time. (Added by L. 1899, ch. 510, and amended by L. 1904, ch. 558, in effect May 3, 1904.)

§ 125. Penalty for violation of article. (Repealed by L. 1904, ch. 558, in effect May 3, 1904.)

§ 126. Sale of adulterated meal or ground grains.- No person shall adulterate any kind of meal or ground grain or other cattle food with milling or manufacturing offals, or any substance whatever, for the purpose of sale, unless the true composition, mixture or adulteration thereof is plainly marked or indicated upon the package containing the same or in which it is offered for sale; no person shall knowingly sell or offer for sale any meal or ground grain or other cattle food which has been so adulterated unless the true composition, mixture or adulteration is plainly marked or indicated upon the package containing the same, or in which it is offered for sale, but there shall be no prosecution for violation of this article in relation to the quality of any concentrated commercial feeding stuff if the same shall be found substantially equivalent to the certified statement named in section. one hundred and twenty-two of this article. (Added by L. 1899, ch. 510, and amended by L. 1904, ch. 558, in effect May 3, 1904.)

§ 127. Violations to be reported to the commissioner of agriculture. (Repealed by L. 1904, ch. 558, in effect May 3, 1904.)

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