suspend the license in case the needed changes shall not be made within a reasonable time. (Added by L. 1913, ch 560, in effect May 16, 1913.)

cold

foods may

§ 337. Time that cold storage foods may be kept. It Time that shall hereafter be unlawful for any person, corporation storage or corporations, engaged in the business of cold storage bed kept warehousemen or refrigerating, or for any person placing food in a cold storage warehouse, to keep in storage for preservation or otherwise any kind of food or any article used for food a longer period than twelve calendar months. (Am'd by L. 1914, ch. 414, and L. 1918, ch. 433, in effect May 2, 1918.)

§ 338. Powers of state commissioner of health. The Powers of state commissioner of health is hereby vested with full missioner power and authority to inspect and supervise all places of health in this state now used or hereafter to be used for cold storage or refrigerating purposes; the state commissioner of health or his duly authorized agents or employees shall be permitted access to such place or places Right of and all parts thereof at all times for the purpose of seeing that said place or places are kept and maintained in a clean and sanitary manner, and for the purpose of determining whether or not the provisions of this article or any other act relating to food stuffs are being complied with. The commissioner of health shall have the power by subpœna or subpœna duces tecum, issued and attested by him in his official capacity to require the attendance and testimony before him, or the deputy commissioner, of any person who he may have reason May issue to believe has knowledge of any alleged violation of this subpoenas article, and the production before him, or the deputy commissioner, of any records, books, papers and documents for the purpose of investigating any alleged violation of this article. Such subpœnas or subpœnas duces tecum may be served by any person over the age of twenty-one years. No person shall be excused from attending and testifying or producing any records, books,

False statements

papers or other documents before said commissioner of health, or the deputy commissioner, upon such investigation upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to convict him of a crime or subject him to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal action, investigation or proceeding. Any person who shall omit, neglect or refuse to attend and testify or to produce any records, books, papers or documents, if in his power so to do, in obedience to such subpœna or subpœna duces tecum shall be guilty of a misdemeanor. Any person who shall wilfully and knowingly make any false statement under oath before the commissioner of health, or the deputy commissioner, concerning a mate rial matter shall be guilty of perjury. The commissioner of health and the deputy commissioner are hereby authorized and empowered to administer oaths and affirmation in the usual appropriate forms to any person in any matter or proceedings authorized as aforesaid and in all matters pertaining or relating to this article and to take and administer oaths and affirmations in the usual appropriate forms, in taking any affidavit or deposition which may be necessary or required by law or by any order, rule or regulation of the commissioner of health for or in connection with the official purposes, affairs, powers, duties or proceedings of said commissioner of health, or the deputy commissioner, or for any official purpose lawfully authorized by said commissioner of health. The power of supervision hereby granted shall extend to enable the state commissioner of health

Rules and to adopt such reasonable rules and regulations as may be determined upon from time to time as essential to

the proper protection of the consumer of the commodi-
ties kept and preserved in such place or places, and the
state commissioner of health may appoint and designate
from time to time such person or persons as he deems
fit for the purpose of making such inspections. (Am'd Inspec-
by L. 1914, ch. 414, in effect April 17, 1914.)

tors

demned

§ 338-a. Food to be condemned. The state commis- Food to be sioner of health may seize and condemn any articles of con food in cold storage warehouses which are found to be unfit for use and such articles of food shall be destroyed or otherwise disposed of under such conditions as the state commissioner of health may prescribe. (Added by L. 1913, ch. 560, in effect May 16, 1913.)

ware

missioner

and

§ 339. Reports of warehousemen. All persons or Reports corporations engaged in the business of cold storage housemen warehousemen, or in the business of refrigerating, shall to comsubmit reports to the state commissioner of foods and of foods markets, upon printed forms to be provided by such markets commissioner, setting forth in itemized particulars the quantity of each and every food stuff in storage or in the control of said person or persons, corporation or corporations; said report shall be filed on or before the fifth day of each month, and reports so rendered shall show conditions existing upon the first day of the month in which said report is filed. (Am'd by L. 1918, ch. 433, in effect May 2, 1918.)

from one ware

§ 339-a. Transfers from one warehouse to another. Transfers The transfer of any food from one cold storage or refrigerating warehouse to another for the purpose of house evading any provisions of this article is hereby prohibited.

another

to

§ 339-b. Prohibits return of food to cold storage Food not when once released for purpose of placing same on mar- to be ket for sale. When food has been in cold storage or cold refrigeration and is released therefrom for the purpose of placing the same on the market for sale it shall

of Sale of food kept in cold

storage without

representing said fact prohibited

Penalties

be a violation of the provisions of this article to again place such food in cold storage or refrigeration.

§ 339-c. Prohibits sale of food kept in cold storage without representing said fact. It shall be a violation of the provisions of this article to sell any article or articles of food that have been kept in cold storage or refrigeration, without representing the same to have been so kept.

§ 339-d. Penalties. Any person or persons, corporation or corporations, or officer or officers thereof, violating any of the provisions of this article shall be guilty of a misdemeanor. The conviction of any corporation shall not operate to relieve any officer or officers, agents or employees of such corporation from prosecution under the provisions of this article.

ARTICLE XVII

Pasteur institute and the prevention of hydrophobia Section 340. Persons to be sent to Pasteur institute, and

by what officers.

341. Transportation, sustenance and treatment. 342. Charges for services of Pasteur institute. 343. Inspection of the institute.

(Article repealed by L. 1917, ch. 110, in effect March 30, 1917.)

ARTICLE XVII-A

Cleanliness in the preparation and service of food (Added by L. 1913, ch. 552, in effect Sept. 1, 1913) Section 343-a. Cleanliness in the preparation and service

tion and

§ 343-a. Cleanliness in the preparation and service of Preparafood. A person or corporation engaged in the prepara- service of tion and sale of food in any hotel, public restaurant, food public dining-room, dining-car or steamboat in this state or an officer of any public, penal or charitable institution in this state, shall not use in the preparation or service of any food utensils, dishes, or other containers which have not been previously cleansed in a sanitary manner. In such cleansing the use of water which has become unsanitary by previous use is prohibited.

super

entrance

§343-b. Powers of the state commissioner of health. InspecThe state commissioner of health is hereby vested tion and with full power and authority to inspect and supervise vision all public places in this state above enumerated in which food is prepared, sold or served. Such commissioner or his duly authorized agents or employees shall be permitted access to the kitchens of all hotels, public Right of restaurants, public dining-rooms, dining-cars and steam- and inboats in this state and to the kitchens of all public, spection penal and charitable institutions in this state for the purpose of ascertaining whether the provisions of this article are being observed and he may adopt such rules and regulations as may be determined upon from time tions to time for the proper enforcement of this article. The state commissioner of health may appoint and designate from time to time persons to make the inspections au- Inspecthorized by this article.

Rules and regula

tors

§ 343-c. Penalties. Any person or corporation, or offi. Penalties cer thereof, violating any of the provisions of this article shall be guilty of a misdemeanor. The conviction of any corporation shall not relieve any officer or officers, agents or employees of such corporation from prosecution under the provisions of this article.