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fined.-The term “concentrated commercial feeding stuff" as used in this article, shall include linseed meals, cottonseed meals, pea-meals, cocoanut meals, gluten meals, gluten feeds, maize feeds, starch feeds, sugar feeds, dried brewer's grains, malt sprouts, hominy feeds, cerealine feeds, rice meals, oat feeds, corn and oat chops, ground beef or fish scraps, mixed feeds, and all other materials of similar nature ; but shall not include hays and straws, the whole seeds nor the unmixed meals 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. (Added by chap. 510 of 1899.)
8 121. Statements to be attached to packages ; contents ; analysis.-Every manufacturer, company or person who shall sell, offer or expose for sale or for distribution in this state any concentrated commercial feeding stuff, used for feeding farm live stock, shall furnish with each car or other amount shipped in bulk and shall affix to every package of such feeding stuff in a conspicuous place on the outside thereof, a plainly printed statement clearly and truly certifying the number of net pounds in the package sold or offered for sale, the name or trade mark under which the article is sold, the name of the manufacturer or shipper, the place of manufacture, the place of business and a chemical analysis stating the percentages it contains of crude protein, allowing one per centum of nitrogen to equal six and one-fourth per centum of protein, and of crude fat, both con. stituents to be determined by the methods prescribed by the director of the New York Agricultural Experiment Station. 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 chap. 510 of 1899.)
$ 122. Statements to be filed with director of agricultural experiment station ; 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 director of the New York Agricultural Experiment Station a certified copy of the statement specified
Concentrated Commercial Feeding Stuffs.
in the preceding section, said certified copy to be accompanied, when the director shall so request, by a sealed glass jar or bottle containing at least one pound of the feeding stuff to be sold or offered for sale, and the company or person furnishing said sample shall thereupon make affidavit that said sample corresponds within reasonable limits to the feeding stuff which it represents, in the percentage of protein and fat which it contains. (Added by chap. 510 of 1899.)
$ 123. License fee.-Each manufacturer, importer, agent or seller of any concentrated commercial feeding stuffs, shall pay annually during the month of December to the treasurer of the New York Agricultural Experiment Station 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. The amount of license fees received by such treasurer pursuant to the provisions of this section shall be paid by him to the treasurer of the state of New York. The treasurer of the state of New York shall pay from such amount when duly appropriated the moneys required for the expense incurred in making such inspection required by this section and enforcing the provisions thereof. The board of control of the New York Agricultural Experiment Station shall report annually to the legislature the amount received pursuant to this article, and the expense incurred for salaries, laboratory expenses, chemical supplies, traveling expenses, printing and other necessary matters. Whenever the manufacturer, importer or shipper of concentrated commercial feeding stuff 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 chap. 510 of 1899, and amended by chap. 79 of 1900.)
$ 124. Analysis to be made by director of experiment station; samples to be taken for analysis. The director of the New York experiment station shall annually analyze, or cause to be analyzed, at least one sample to be taken in the manner hereinafter prescribed, of every concentrated commercial feeding stuff sold or offered for sale under the provisions of this act. Said
director shall cause a sample to be taken, not exceeding two pounds in weight, for said analysis, from any lot or package of such commercial feeding stuff which may be in the possession of any manufacturer, importer, agent or dealer in this state; but said sample shall be drawn in the presence of the parties in interest, or their representatives and taken from a parcel or a number of packages, which shall not be less than ten per centum of the whole lot sampled, and shall be thoroughly mixed, and then divided into equal samples, and placed in glass vessels, and carefully sealed and a label placed on each, stating the name of the party from whose stock the sample was drawn and the time and place of drawing, and said label shall also be signed by the person taking the sample, and by the party or parties in interest or their representative at the drawing and sealing of said samples; one of said duplicate samples shall be retained by the director and the other by the party whose stock was sampled; and the sample or samples retained by the director shall be for comparison with the certified statement named in section one hundred and twenty-two 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 chap. 510 of 1899.)
$ 125. Penalty for violation of article.-Any manufacturer,
importer, or person who shall sell, offer or expose for sale or for C.558 distribution in this state any concentrated commercial feeding
stuff, without complying with the requirements of this article, or any feeding stuff which contains substantially a smaller percentage of constituents than are certified to be contained, shall, on conviction in a court of competent jurisdiction, be fined not more than one hundred dollars for the first offense, and not more than two hundred dollars for each subsequent offense. (Added by chap. 510 of 1899.)
§ 126. Adulterated meal or ground grain ; penalty.-Any person who shall adulterate any kind of meal or ground grain with milling or manufacturing offals, or any other 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 ; or any person who knowingly sells, or offers for sale any meal or ground grain which has been so adulterated unless the
. Repeater 1904
true composition, mixture or adulteration is plainly marked or indicated upon the package containing the same, or in which it is offered for sale, shall be fined not less than twenty-five or more than one hundred dollars for each offense. (Added by chap. 510 of 1899.)
8 127. Violation to be reported to the commissioner of agriculture.-Whenever the director becomes cognizant of the violation of any of the provisions of this article, he shall report such violation to the commissioner of agriculture, and said commissioner Dof agriculture shall prosecute the party or parties thus reported; but
it shall be the duty of said commissioner upon thus ascertaining any violation of this article, to forthwith notify the manufacturer, importer or dealer in writing and give him not less than thirty days thereafter in which to comply with the requirements of this article, but there shall be no prosecution 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 chap. 510 of 1899.)
SECTION 140. Property in town of Geddes, Onondaga county, New York.
141. State fair commission.
miums for county or town agricultural association exhibits.
$ 141. State fair commission.—The state fair commission shall consist of eleven members, of whom the lieutenant-governor and the commissioner of agriculture shall ex officio constitute two. The remaining nine members of such commission shall be appointed by the governor, one of whom shall be a member of the New York State Grange, one a member of the New York State Association of County Agricultural Societies, and one a member of the Union Association of Agricultural Societies. Of the nine members first appointed hereunder, three shall hold for a term of one year, three for a term of two years and three for a term of three years. Their successors shall each be appointed for a term
of three years. In case of a vacancy in the office of the members appointed from the societies or associations above mentioned, their successors shall be appointed from the same societies or asso
ciations. (Added by chap. 346 of 1900.) and quic218 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, and to
The State fair commission may appoint a superintendent of the state fair and such other assistants and employes as they may deem necessary. It may prescribe their duties and fix their compensation. Such superintendent, assistants and employes shall be subject to removal at the pleasure of such commission. (Added by chap. 346 of 1900.)
8 144. Receipts and disbursements.-The commission shall receive all moneys payable to the state on account of said fair, and make all disbursements therefrom and also from any appropriation made for that purpose by the legislature as may be needed, from time to time, in carrying on the work of the commission. At the close of each fair, the commission shall pay to the state treasurer any balance remaining in its hands received in connection with the state fair, and at the same time deliver to the comptroller an itemized verified report showing all receipts and disbursements for state fair purposes since the last report. (Added by chap. 346 of 1900.)
$ 145. Expenses of commission. The commission shall receive no compensation for their services, but shall be entitled to receive the actual and necessary expenses incurred by them in the performance of their duties, to be paid on the certificate of the commissioner of agriculture and the audit and warrant of the comp
troller. (Added by chap. 346 of 1900.) moi quierzy § 146 State and local agricultural fairs not to be held at the
same time; premiums for county and town agricultural association exhibits.-A county or other local association which holds its fair during the same week in which a state fair is held, after the year nineteen hundred, shall not be entitled to share in any appropriation or apportionment of moneys for the current vear, payable under statute to county or local agricultural societies. For the best exhibits by county and town societies, one thousand dollars in premiums shall be annually awarded. (Added by chap. 346 of