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Agricultural Law (L. 1893, ch. 338), $$ 142, 146, 164. § 142. State fair.- It shall be the duty of the said commission to hold a state fair at such times as it may deem proper, except that said state fair shall not be held on the first Monday in September, known as labor day, and between January first and February fifteenth in each calendar year to publish the time of holding said fair in such year. It shall not be lawful for any corporation, association or individual to hold or conduct any trotting or pacing race or races during the week in which the state fair is held, except upon half-mile tracks, and except at the fairs held by agricultural societies which have received moneys from the state, and no corporation, association or individual holding such races during said week shall be entitled to any of the benefits conferred by chapter five hundred and seventy of the laws of eighteen hundred and ninety-five, and any acts amendatory thereof, or by any general or special law. Such commission may make, alter, suspend or repeal needed rules relating to sueh fair, including the times and duration thereof, the terms and conditions of entries and admissions, exhibits, sale of privileges, payments of premiums, and any other matters which it may deem proper in connection with such fair. It shall furnish to each person who, on the seventeenth day of January, nineteen hundred, was a life member of the state agricultural society, a free admission to the fair grounds during the fair of each year during the life of such member. (.1dded by L. 1900, ch. 346, and amended by L. 1901, ch. 224, L. 1902, ch. 263 and L. 1904, ch. 447, in effect January 1, 1905.)
$ 146. State and local agricultural fairs not to be held at the same time; premiums for county and town agricultural association exhibits. (Added by L. 1900, ch. 346, amended by L. 1901, ch. 224, and repealed by L. 1902, ch. 31, in effect February 19, 1902.)
§ 164. Prohibition as to adulteration or misbranded food.No person or persons, firm, association or corporation shall within this state, manufacture, produce, sell, offer or expose for sale any article of food which is adulterated or misbranded within the meaning of this act. The term food as used herein shall include Agricultural Law (L. 1993, ch. 338), § 165. all articles used for food, confectionery or condiments by man whether simple, mixed or compound. (Added by L. 1903, ch. 524, in effect May 9, 1903.)
§ 165. Definition of adulterated or misbranded food. In the case of confectionery, an article shall be deemed to be adulterated if it contain terra alba, barytes, talc, chrome yellow, or other mineral substances or poisonous colors or flavors, or other ingredients deleterious or detrimental to health. In the case of food an article shall be deemed to be adulterated:
First.— If any substance or substances lias or have been mixed or packed with it so as to reduce or lower or injuriously affect its quality or strength, so that such product, when offered for sale, shall deceive or tend to deceive the purchaser.
Second. — If any substance or substances has or have been substituted wholly or in part for the article, so that the product, when sold or offered for sale, shall deceive or tend to deceive the purchaser.
Third.— If any valuable constituent of the article has been wholly or in part abstracted, so that the product, when sold or offered for sale, shall deceive or tend to deceive the purchaser.
Fourth.-- If it contain any added poisonous ingredient or any ingredient which may render such article injurious to the health of the person consuming it.
Fifth.— If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter.
An article of food shall be deemed to be misbranded:
First.— If it be an imitation of or offered for sale under the distinctive name of another article.
Second.— If it be mixed, colored, powdered, or stained in a manner whereby damage or inferiority is concealed, so that such product, when sold or offered for sale, shall deceive or tend to deceive the purchaser.
Third.— If the package containing it or its label shall bear any statement regarding the ingredients or the substances contained therein, which statement shall be false or misleading in any particular, or if the same is falsely branded as to the state or territory in which it is manufactured or produced: Provided, That an article Agricultural Law (L. 1893, ch. 338), $ 175. of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:
First.— In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not included in definition first of misbranded articles of food in this section.
Second. -- In the case of articles labeled, branded, or tagged so as to plainly indicate that they are mixtures, compounds, combinations, imitations, or blends: Provided, That the same shall be labeled, branded, or tagged so as to show the character and constituents thereof: And provided further, That nothing in this act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredients to disclose their trade formulas, except in so far as the provisions of this act may require to secure freedom from adulteration or imitation. (Added by L. 1903, ch. 524, in effect May 9, 1903.)
[Article added by L. 1904, ch. 567, in effect May 3, 1904, superseding in
effect L. 1896, ch. 955 (C. & Gi's General Laws, p. 1079), and sections 23-38 of the Domestic Commerce Law.]
SALE AND ANALYSIS OF COMMERCIAL FERTILIZERS.
Section 175. Statements to be attached to packages of fertilizers.
176. Variation in composition constituting violation of article. 177. Statement filed with commissioner of agriculture; license
fees. 178. Presence of inert nitrogenous matter to be stated. 179. Enforcement of provisions of article; selection and analysis
$ 175. Statements to be attached to packages of fertilizers.No person, firm, association or corporation shall sell, offer or expose for sale any commercial fertilizers or any material to be used as a fertilizer, the selling price of which exceeds five dollars per ton, unless such fertilizer or material shall be accompanied by or shall have affixed to each and every package in a conspicuous place on the outside thereof, a plainly printed statement which shall certify as follows:
Agricultural Law (L. 1893, ch. 338), SS 176, 177. 1. The number of net pounds of fertilizer in the package sold or offered for sale.
2. The name, brand or trademark under which the fertilizer is sold.
3. The name and address of the manufacturer of the fertilizer.
4. The chemical composition of the fertilizer expressed in the following terms:
(a) Per centum of nitrogen.
(b) Per centum of available phosphoric acid, or in case of undissolved bone the per centum of total phosphoric acid.
(c) Per centum of potash soluble in distilled water.
If any such fertilizer be sold, offered or exposed for sale in bulk such printed statement shall accompany every lot and parcel so sold, offered or exposed for sale. (Added by L. 1904, ch. 567, in effect May 3, 1904.)
$ 176. Variation in composition constituting violation of article. It shall be a violation of the provisions of this article if the statement required by section one hundred and seventyfive of this article shall be false in regard to the number of net pounds of fertilizer in the package sold, offered or exposed for sale, or in the name, brand or trademark under which the fertilizer is sold, or in the name and address of the manufacturer of the fertilizer. It shall also be a violation of the provisions of this article if any commercial fertilizer or material to be used as a fertilizer shall contain a smaller percentage of nitrogen, phosphoric acid or potash than is certified in said statement to be contained therein, when such deficiency shall be greater than one-third of one per centum of nitrogen, or one-half of one per centum of available phosphoric acid or one per centum of total phosphoric acid in the case of undissolved bone or one-half of one per centum of potash soluble in distilled water. (Added by L. 1904, ch. 567, in effect May 3, 1904.)
$ 177. Statement filed with commissioner of agriculture; license fees.- Before any commercial fertilizer or any material to be used as a fertilizer is sold, offered or exposed for sale in this state, the manufacturer, importer or person who causes the same to be sold, offered or exposed for sale shall file with the commissioner of agriculture a certified copy of the statement prescribed in section one hundred and seventy-five of this article
Agricultural Law (L. 1893, ch. 338), SS 178, 179.
and, in addition, such statement shall be filed thereafter annually during the month of December. Each manufacturer, importer or person, before selling, offering or exposing for sale in this state any brand of commercial fertilizer, shall annually during the month of December, pay to the treasurer of the state of New York a license fee of twenty dollars for each and every brand of fertilizer, bearing a distinctive name, brand or trade mark, which said manufacturer, importer or person is to sell, offer or expose for sale in this state during the calendar year next succeeding said payment, provided, always that the placing of any new brand upon the market at any time during said calendar year shall be preceded by such payment. 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 relative to filing the aforesaid certified statement and to the payment of the aforesaid license fee shall be entitled to receive a certificate from the commissioner of agriculture setting forth said facts. All moneys received from license fees, as aforesaid, when so appropriated shall be used, or so much thereof as may be necessary, in maintaining the expenses of enforcing the provisions of this article. (Added by L. 1904, ch. 567, in effect May 3, 1904.)
§ 178. Presence of inert nitrogenous matter to be stated.No person shall sell, offer or expose for sale in this state leather or its products or other inert nitrogenous material in any form, as a fertilizer or as an ingredient of any fertilizer, unless an explicit statement of the facts shall be conspicuously affixed to every package of such fertilizer, and shall accompany every parcel or lot of the same. (Added by L. 1904, ch. 567, in effect May 3, 1904.)
$ 179. Enforcement of provisions of article; selection and analysis of samples. The commissioner of agriculture may for the purpose of enforcement of this article employ such experts and agents as may be necessary. He shall from time to time and at least once in each year collect or cause to be collected samples of commercial fertilizers sold, offered or exposed for sale within this state. In taking samples of such fertilizers for the purpose of analysis he shall take them or cause them to be