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bers present and voting, to be used as a trade mark by am* person manufacturing pure unadulterated butter or full-cream cheese in such county. The secretary of the association shall forthwith send to the commissioner of agriculture a copy of such trade mark, which copy he shall place on file in his office, noting thereupon the day and hour he received the same. But one county trade mark for butter and for cheese shall be placed on file for the same county. No association shall adopt any trade mark of any county already on file, or use that of any other county in the formation of a trade mark.
8 36. Object and intent of this article. This article and each section thereof are declared to be enacted to prevent deception in the sale of dairy products, and to preserve the public health, which is endangered by the manufacture, sale and use of the articles or substances herein regulated or prohibited.
8 37. Penalties. Every person violating any of the provisions un'orgon of articles two and three and sections ninety-one and ninety-two of c. 656 the agricultural law and chapter four hundred and ninety-one of the laws of eighteen hundred and ninety-eight, shall forfeit to the people of the state of New York the sum of not less than twentyfive dollars nor more than one hundred dollars for every such violation. A person who brings or causes to be brought to a butter or cheese factory owned or operated by a co-operative association, milk diluted with water or any unclean, impure, unhealthy, adulterated or unwholesome milk, or milk from which any of the cream has been taken, except pure skim milk to skim-cheese factories, shall forfeit to the people of the state for the first offense the sum of fifty dollars and for each subsequent offense the sum of one hundred and fifty dollars; upon recovery of the penalty so prescribed, one-half thereof shall be paid into the state treasury, one-fourth shall be paid into the county treasury, and the remaining one-fourth shall be paid to the treasurer of the co-operative association owning or operating such butter or cheese factory, to be divided among the members thereof in the same manner as the other receipts of such association. When such violation consists of the manufacture or production of any prohibited article, each day during which or any part of which such manufacture or production is carried on or continued, shall be deemed a separate violation of the provisions of this article. When the violation consists of the sale, or the offering or exposing for sale or exchange of any prohibited article or substance, the sale of each one of several packages shall constitute a separate violation, and each day on which any such article or substance is offered or exposed for sale or exchange, shall constitute a separate violation of this article. When the use of any such article or substance is prohibited, each day during which or any part of which said article or substance is so used or furnished for use, shall constitute a separate violation, and the furnishing of the same for use to each person to whom the same may be furnished shall constitute a separate violation. Whoever by himself or another violates any of the provisions of articles two and three or sections ninety-one and ninety-two of the agricultural law, shall be guilty of a misde
* So in the original. 9)
and 1901 C. 308
meanor, and upon conviction 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 nor more than six months or by both such fine and imprisonment, for the first offense; and by six months imprisonment for the second offense. (As amended by chap. 554 of 1897, § 1; chap. 558 of 1898, § 1; chap. 435 of 1899; chap. 76 of 1900, and chap. 559 of 1900.)
51. Manufacture and sale of adulterated or imitation vinegar pro
$ 51. Manufacture and sale of adulterated or imitation vinegar prohibited.—No person shall manufacture for sale, keep for sale or offer for sale :
1. Any adulterated vinegar.
2. Any vinegar or product in imitation or semblance of cider vinegar, which is not cider vinegar.
3. As or for cider vinegar, any vinegar or product which is not cider vinegar.
$ 52. Packages containing cider vinegar to be branded. Every manufacturer or producer of cider vinegar shall plainly brand on the head of each cask, barrel keg or other package containing such vinegar, his name and place of business and the words “ cider vinegar." And no person shall mark or brand as or for cider vinegar any package containing that which is not cider vinegar.
$ 53. Penalties.-Every person violating the provisions of this article shall forfeit and pay to the people of the state the sum of one hundred dollars for each violation.
Diseases of Domestic Animals.
article remodeled. ARTICLE IV.
190. c. 321 how DISEASES OF DOMESTIC ANIMALS.
$ $60-yod. SECTION 60. Suppression of infectious or contagious disease.
61. Commissioner to issue notice.
"apfhauser of condemner 65. Regulations and enforcement thereof.
$ 60. Suppression of infectious and contagious disease.Whenever any infectious or contagious disease except tuberculosis and glanders affecting domestic animals shall 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. (As amended by chap. 118 of 1900.)
$ 61. Commissioner to issue notice.-He shall issue and publish a notice, stating that a specified infectious or contagious disease exists in any designated county or other geographical district of the state, and warning all persons to seclude in the premises where they may be at the time, all animals within such county or district, that are of a kind susceptible to contract such disease, and ordering all persons to take such precautions against the spreading of the disease, as the nature thereof may in his judgment render necessary or expedient, and which he may specify in such notice. Such notice shall be published in such newspapers, and be posted in such manner as the commissioner may designate, and as, in his judgment, are most likely to give notice thereof.
$ 62. Farms to be quarantined.—The commissioner or an assistant commissioner, shall order any premises, farm or farms where such disease exists, or recently existed, to be put in quarantine, so that no domestic animal be removed from or brought to the premises or places quarantined, and shall prescribe such regulations as he may judge necessary or expedient to prevent
the communication of the disease by infection or contagion, in any way from the places so quarantined.
63. Detention and destruction of animals. The commissioner or an assistant commissioner, may order all or any animals coming into the state to be detained at any place or places for the purpose of inspection and examination. He may prescribe regulations for the destruction of animals affected with infectious or contagious disease, and for the proper disposal of their hides and carcasses, and of all objects which might carry infection or contagion. Whenever, in his judgment necessary, for the more speedy and economical suppression or prevention of the spread of any such disease, he may cause to be slaughtered, and to be afterwards disposed of, in such manner as he may deem expedient, any animal or animals, which, by contact or association with diseased animals, or by other exposure to infection or contagion, may be considered or suspected to be liable to contract or communicate the disease sought to be suppressed or prevented.
$ 64. Employment of veterinary surgeons. The commissioner may employ such and so many medical and veterinary practitioners and such other persons as he may, from time to time, deem necessary to assist him in discharging the duties imposed upon him by this article, and may fix their compensation. All persons now employed by the governor for such purposes shall continue in the employ of the commissioner upon the same terms, until such employment shall be terminated or modified by the commissioner. No animal shall be destroyed by the commissioner or by his order, on the ground that it is a diseased animal, unless first examined by a medical or veterinary practitioner in the employ of the commissioner under this section, nor until such practitioner renders a certificate to the effect that he has made such examination, that in his judgment such animal is affected with a specified infectious or contagious disease, or that its destruction is necessary in order to suppress or aid in suppressing such disease, or to prevent such disease, or to prevent the spread thereof specifying the reasons for such necessity.
$ 65. Regulations and the enforcement thereof.-The commissioner may prescribe such regulations as in his judgment may be thought suited for the suppression or prevention of the spread of any such disease, and for the disinfection of all premises, build. ings, railway cars, vessels and other objects from or by means of which infection or contagion may take place or be conveyed. He
See note h.2915
Diseases of Domestic Animals.
may alter or modify, from time to time, as he may deem expedient,
$ 66. Penalties.- Any person violating, disobeying or disregarding the terms of any notice, order or regulation, issued or prescribed by the commissioner under this article, shall forfeit to the people of the state the sum of one hundred dollars for every such violation.
8 67. Expenses.-All expenses incurred by the commissioner in carrying out the provisions of this article and in performing the duties herein devolved upon him shall be audited by the comptroller as extraordinary expenses of the department of agriculture, and paid out of any moneys in the treasury appropriated for such purposes.
$ 68. Compensation to owners of animals destroyed.--The actual value at the time they are killed of any animals slaughtered under the provisions of this article, shall be paid to the owners of such animals. For the purpose of ascertaining and determining such value, the commissioner, or any agent appointed by him under this article, shall appoint one appraiser, the owner of the animals killed shall appoint another, and the two thus appointed shall select a third, and the three shall appraise the amount to be paid to the owner of the animals. The board of claims shall have exclusive jurisdiction to hear, audit and determine all claims which shall arise under the provisions of this article for compensation for animals slaughtered, and to allow thereon such sums as should be paid by the state.
No compensation shall be made to any person who has willfully concealed the existence of disease among his animals or upon his premises, or who in any way by act or by willful neglect, has contributed to spread the disease sought to be suppressed or prevented.
$ 69. Federal regulations.—The commissioner of agriculture may accept, in behalf of the state, the rules and regulations prepared and adopted by the commissioner of agriculture or the secretary or department of agriculture of the United States,