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seal such sample and shall tender at the time of taking to the manufacturer or vendor of such product, or to the person having the custody of the same, the value thereof, and a statement in writing for the taking of such sample. Whenever it Notice to be given is determined by the Dairy and Food Commissioner, his deputy tors of unsanitary or inspectors, that filthy or unsanitary conditions exist or places. are permitted to exist in the operation of any bakery, confectionary, or ice cream plant, or in any place where any food or drink products are manufactured, stored, deposited or sold for any purpose whatever, the proprietor or proprietors, owner or owners, of such bakery, confectionary or ice cream plant, or any person or persons owning or operating any plant where any food or drink products are manufactured, stored, deposited or sold, shall be first notified and what to contain. warned by the commissioner, his deputy or inspectors to place such bakery, confectionary or ice cream plant, or any place where any food or drink products are manufactured, stored, deposited or sold in a sanitary condition within a reasonable length of time; and any person or persons owning and operat. Misdemeanor, ing any bakery, confectionary or ice cream plant or any place what deemed. where any food or drink products are manufactured, stored, deposited or sold, failing to obey such notice and warning, shall be guilty of a misdemeanor, and, upon conviction Penalty upon thereof, shall be punished by a fine not less than twenty-five dollars nor more than three hundred dollars and costs of prosecution, or imprisonment in the county jail not to exceed ninety days, or until such fine and costs are paid, or both fine and imprisonment in the discretion of the court.

Sec. 11. The sum of thirty-five thousand dollars is hereby Appropriation appropriated for the fiscal year ending June thirty, nineteen facientes hundred six, and for each fiscal year thereafter, there is hereby appropriated the sum of thirty-five thousand dollars. Out of the amounts appropriated by this act shall be paid all salaries and expenses and chemical supplies provided for therein: Provided, That all expenses for stationery and Proviso. printing shall be audited and paid in the same manner as other State printing and stationery.

Sec. 12. The Auditor General is hereby directed to annu- Auditor to ally add to and incorporate into the State tax, to be levied incorporate in each year, the sum of thirty-five thousand dollars, which, when collected, shall be credited to the general fund to reimburse the same for the money appropriated by this act.

SEC. 13. It shall also be the duty of the Dairy and Food Creameries, Commissioner to foster and encourage the dairy industry of cheese factories, the State, and, for that purpose, he shall investigate the gen- condition of. eral conditions of the creameries, cheese factories, condensed milk factories, skimming stations, milk stations and farm dairies in this State, with full power to enter upon any premises for such investigation, with the object in view of improving the quality and creating and maintaining uniformity of the dairy products of the State; and should it become neces- May cause sary, in the judgment of the Dairy and Food Commissioner, instruction to

be given. he may cause instruction to be given in any creamery, cheese

persons using.

milk, etc.

factory, condensed milk factory, skimming station, milk station, or farm dairy, or in any locality in this State, and in order to secure the proper feeding and care of cows, or the practical operation of any plant producing dairy products,

and in order to secure such a uniform and standard quality Furnish of dairy products in this State, lie shall furnish a sufficient inspectors.

number of competent inspectors for that purpose, the appointment of whom is provided for in section four of this act, and

they shall be duly qualified to act as such inspectors. Notice to be given Sec. 14. Whenever it is determined by the Dairy and

Food Commissioner, his deputy or inspectors, that any perselling, impure

son is using, selling or furnishing to any skimming station, creamery, cheese factory, condensed milk factory, milk depot, farm dairy, milk dealer, the retail trade or to any consumer of milk, any impure or unwholesome milk or cream, which impurity or unwholesomeness is caused by the unsanitary or filthy condition of the premises where cows are kept, or by the unsanitary or filthy care or handling of the cows, or from unclean utensils being used, or from unwholesome food, or from any other cause, the person so using, selling or furnishing to any skimming station, creamery, cheese factory, condensed milk factory, milk depot, farm dairy, milk dealer, the retail trade, or to any consumer of milk, any such milk or

cream, shall first be notified and warned by the commissioner, What to contain. his deputy or inspectors not to use, sell, or furnish such milk

or cream to such skimming station, creamery, cheese factory,

condensed milk factory, milk depot, farm dairy, milk dealer, Misdemeanor, the retail trade, or to any consumer of milk, and any person what deemed.

failing to obey such notice and warning, and continuing to use, sell or furnish to any skimming station, creamery, cheese factory, condensed milk factory, farm dairy, milk dealer or

to the retail trade such impure or unwholesome milk or cream, Penalty upon

shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not less than ten dollars, nor more than fifty dollars, and costs of prosecution, or imprisonment in the county jail, not to exceed ninety days, or until such fine and costs are paid, or both fine and imprison

ment in the discretion of the court. Notice to be given Sec. 15. Whenever it is determined by the Dairy and operators of unsanitary cream

Food Commissioner, his deputy or inspectors, that unsanieries, etc.

tary conditions exist or are permitted to exist in the operation of any skimming station, creamery, cheese factory, condensed milk factory, milk depot, or farm dairy, the proprietor or proprietors, or manager of said skimming station, creamery, cheese factory, condensed milk factory or farm dairy, shall be first notified and warned by the the commissioner, his deputy or inspectors to place such skimming station, creamery, cheese factory, condensed milk factory, milk depot

or farm dairy in a sanitary condition, within a reasonable Misdemeanor. length of time; and any person or persons owning or operatwhat deemed a. ing such skimming station, creamery, cheese factory, condensed

milk factory, milk depot, or farm dairy, failing to obey such notice and warning, shall be guilty of a misdemeanor, and

conviction.

conviction.

upon conviction thereof, shall be punished by a fine not less Penalty upon than twenty-five, nor more than three hundred dollars, and costs of prosecution, or imprisonment in the county jail, not to exceed ninety days or until such fine and costs are paid, or both fine and imprisonment in the discretion of the court.

Sec. 16. It shall be the duty of the proprietor or pro- Proprietors of prietors of every skimming station, creamery, cheese factory, when and where condensed milk factory or milk depot, in the State where to register. milk or cream is received by purchase or otherwise from three or more persons, to register with the Dairy and Food Commissioner on or before April first of each year, upon blanks furnished by said official, the location of such skimming station, creamery, cheese factory, condensed milk factory or milk depot, and the name of its owner or owners and manager. And it shall be the duty of the proprietor or proprietors of To file annual every skimming station, creamery, cheese factory, condensed report. milk factory or milk depot in this State, where milk or cream is received by purchase or otherwise from three or more persons, to file a report with the Dairy and Food Commissioner, said report to be made on or before April first of each year, upon blanks furnished by said official, and to show the What to contain. . amount of milk or cream received by said skimming station, creamery, cheese factory, condensed milk factory or milk depot during the year ending December thirty-first preceding; and said report shall show the amount of butter, cheese or condensed milk manufactured during the year, together with a list of the names and postoffice addresses of the patrons of said skimming station, creaniery, cheese factory, condensed milk factory or milk depot. Every skimming station, cream- Registration fee ery, cheese factory, condensed milk factory or milk depot, so registering and so reporting, shall pay to the office of the State Dairy and Food Commissioner an annual registration Amount. fee of five dollars, to be paid at the time of such registration. The money so collected by the Dairy and Food Commissioner Money, how used. shall be paid into the State treasury and be used to help defray the expenses of the office of the Dairy and Food Commissioner, in addition to the annual appropriation therefor.

Sec. 17. Any person, persons or corporation who shall Milk dealer sell milk or cream from a wagon or other conveyance, depot

who considered. or store, or who shall sell or deliver milk or cream to a hotel, restaurant, boarding house or any public place, shall be considered a milk dealer; and every milk dealer who shall Must obtain sell milk or cream from a wagon or other conveyance, depot or store, or who shall sell, or deliver milk or cream to a hotel, restaurant, boarding house or any public place in any city, town or village of this State, must first obtain a license from the Dairy and Food Commissioner to sell such milk or cream. A license shall be required for each wagon or other conveyance, depot or store. Each dealer shall pay to the Dairy Amount. and Food Commissioner a license fee of one dollar for each license so granted, which license must be obtained on or before the first day of July of each year. The moneys received by the

required.

license.

etc.

statement

Moneys, how Dairy and Food Commissioner, in payment of such licenses, used.

shall be paid into the State treasury and be used to help defray the expenses of the office of the Dairy and Food Com

missioner in addition to the annual appropriation. All Licenses, used in licenses shall be used only in the name of the owner of the name of owner.

wagon, depot or store, and shall, for the purpose of this Not to be sold, act, be prima facie evidence of ownership. No license shall

be sold, assigned, or transferred. Each license shall record the name, residence, place of business, number of wagons,

depots or stores used (where more than one is employed) Misdemeanor, and the number of the license. Whoever violates any of the who guilty of.

provisions of this section, in so far as relates to registration

and the securing of licenses, shall be deemed guilty of a misPenalty. demeanor, and for each and every offense shall be punished

by a fine of not less than five dollars, nor more than twentyfive dollars and the costs of prosecution, or by imprisonment

in the county jail for not more than thirty days, or both. Commercial feed- SEC. 18. Any manufacturer, company, person or persons ing stuff, to have

who shall sell, offer or expose for sale or for distribution, in attached.

this State, any concentrated commercial feeding stuff used for feeding live stock, shall furnish with each car, or other amounts shipped in bulk, and shall affix to every package of

such feeding stuff, in a conspicuous place, on the outside What to certify. thereof, a plainly printed statement, clearly and truly cer

tifying tlie number of net pounds in the car or 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, crude fibre, nitrogen, free extract and ether extract, all

constituents to be determined by the methods adopted by the At retail. association of official agricultural chemists. Whenever any

feeding stuff is sold at retail, in bulk or in packages belonging to the purchaser, the agent or dealer shall furnish to him

a certified copy of the chemical analysis named in this section. Commercial feed- (a) The term concentrated commercial feeding stuffs as ing stuffs, what to include. used in this act shall include linseed meal, cotton seed meal,

pea meals, cocoanut meals, gluten meals, oil meals of all kinds, gluten feeds, maize feeds, starch feeds, mixed sugar feeds, hominy feeds, rice meals, oat feeds, corn and oat feeds, meat meals, dried blood, clover meals, mixed feeds of all kinds, slaughter house waste products; also all condimental stock foods, patented and proprietary stock foods, claimed

to possess nutritive properties and all other materials inProviso. tended for feeding to domestic animals: Provided, That such Fceding stuffs feeding stuffs, as defined above, shall not include hays, straws, not included.

fodders, ensilage, the whole seeds nor the unmixed meals made directly from the entire grains of wheat, rye, barley, oats, flax-seed, maize, buckwheat, wet brewers' grains, malt sprouts, wet or dried beet pulp when unmixed with other materials. 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.

(b) Before any manufacturer, company, person or per- Manufacturers, sons shall sell, offer or expose for sale in this State any con- etc., to file copy

. centrated commercial feeding stuff, he or they shall, for each and every feeding stuff bearing a distinguishing name or trade-mark, file annually, with the Dairy and Food Commissioner a certified copy of the chemical analysis and certificate referred to in this section, and shall deposit with said Dairy To deposit glass

jar of article. and Food Commissioner a sealed glass jar, or bottle, containing at least one pound of the feeding stuff to be sold or offered for sale, together with an affidavit that it is a fair sample of the article thus to be sold or offered for sale. He or they shall also pay annually into the State treasury a li- Annual license. cense fee of twenty dollars for each and every brand of feeding stuff he offers or exposes for sale in this State. Said fee When paid. is to be paid on or before April first of each year: Provided, Proviso as to That whenever the manufacturer or importer shall have paid license.

manufacturer's this license fee, his agents shall not be required to do so. Whenever any manufacturer, importer, agent or seller of any commercial 'feeding stuff desires at any time to sell such material and has not paid the license fee therefor, he shall pay the license fee prescribed in this section, before making any such sale. The money collected under the provisions of Money, how used. this act shall be paid into the State treasury and be used to help defray the expenses of the office of the Dairy and Food Commissioner, in addition to the regular appropriation therefor.

(c) Whenever the manufacturer, importer, agent or seller Commissioner, of any commercial feeding stuff shall have complied with the requirements of this section, the Dairy and Food Commissioner shall issue or cause to be issued, a license, permitting the sale of said feeding stuff, which license shall terminate on April first following the date of issue.

(d) All such analyses of commercial feeding stuffs re. How analysis quired by this act, shall be made under the direction of the Dairy and Food Commissioner, and shall be paid for out of the funds arising from the license fees provided for in this section.

(e) The Dairy and Food Commissioner shall publish, or Shall cause annual cause to be published in bulletin form, at least annually a analyses. correct statement of all analyses made, together with any incidental information concerning same which he may deem proper.

(f) Any manufacturer, importer, company, agent, person Violation. or persons, who shall sell, offer or expose for sale, without first complying with the provisions of this act, any commercial feeding stuff, or shall attach or cause to be attached to any car, package or other quantity of said feeding stuff, an analysis stating that it contains a larger percentage of any one or more of the constituents named in this section than it really does contain shall, upon conviction thereof, be fined

sball issue license.

made.

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