served on the defendant by posting the same upon the outer door of the defendant's usual place of business, or where such violation was or may be committed, or in the manner required by the code of civil procedure, and the rules and practice of the court. Personal service of the injunction shall not be necessary when such service can not be secured with reasonable diligence, but the service herein provided shall be deemed sufficient in any proceeding for the violation of such injunction.

§ 11. When prosecution shall not be compelled to elect.-In an action for a penalty or forfeiture incurred by reason of the violation of provisions of this chapter, when the complaint charges a violation of any two or all of such provisions, the plaintiff shall not be compelled to elect between the counts under such different provisions but shall be entitled to recover if it is found that a violation of any one of such provisions has been committed for which a penalty or forfeiture is imposed.

§ 12. Inspection, how conducted.--When the commissioner of agriculture, an assistant commissioner, or any person or officer authorized by the commissioner, or by this chapter, to examine or inspect any product manufactured or offered for sale shall in discharge of his duties take samples of such product, he shall before taking a sample, request the person delivering the milk or who has charge of it at the time of inspection, to thoroughly stir or mix the said milk before the sample is taken. If the person so in charge refuses to stir or mix the milk as requested, then the person so requesting shall himself so stir and mix the milk before taking the sample, and the defendant shall thereafter be precluded from introducing evidence to show that the milk so taken was not a fair sample of the milk delivered, sold, offered or exposed for sale by him. The person taking the sample of milk for analysis shall take duplicate samples thereof in the presence of at least one witness, and he shall in the presence of such witness seal both of such samples, and shall tender, and, if accepted, deliver at the time of taking one sample to the manufacture or vendor of such product, or to the person having custody of the same, with a statement in writing of the cause of the taking of the sample. In taking samples of milk for analysis. at a creamery, factory, platform or other place where the same is delivered by the producer for manufacture, sale or shipment, or from a milk vendor who produces the milk which he sells, with a view of prosecuting the producer of such milk for delivering,

selling or offering for sale adulterated milk, the said commissioner of agriculture or assistant or his agent or agents shall within ten days thereafter, with the consent of the said producer, take a sample in a like manner of the mixed milk of the herd of cows from which the milk first sampled was drawn and shall deliver the duplicate sample to the said producer and shall cause the sample taken by himself or his agent to be analyzed. If the sample of milk last taken by the commissioner of agriculture or his agent or agents shall upon analysis prove to contain no higher percentage of milk solids, or no higher percentage of fat than as the sample taken at the creamery, factory, platform or other place, then no action shall lie against the said producer for violation of subdivisions one, two, three, seven and eight of section twenty of the agricultural law. In taking a second sample as above set forth from the mixed milk of the herd, it shall be the duty of the commissioner of agriculture to have an assistant, agent or agents present during the entire time in which the said cattle are being milked to observe closely so as to be sure that the milk thus to be sampled is not adulterated and to see that it is thoroughly mixed so that the sample taken shall be a fair sample of the average quality of the mixed milk of the entire dairy or herd of cows of said producer. If, however, the said producer refuses to allow such examination of the milk produced by his dairy then he shall be precluded from offering any evidence whatever tending to show that milk delivered by him at the said creamery, factory, platform or other place was just as it came from the cow. If the said producer does permit such examination the commissioner of agriculture shall, upon receiving application therefor, send to said producer a copy of the analysis of each of the samples of milk so taken and analyzed as above provided. (As amended by chap. 557 of 1898, § 1.)

ARTICLE II.

DAIRY PRODUCTS.

SECTION 20. Definitions.

21. Care and feed of cows.

22. Prohibition of the sale of adulterated milk.

23. Regulations in regard to butter and cheese factories.

24. Cans to be branded with name of county.

25. Regulations in regard to condensed milk.

26. Manufacture and sale of imitation butter prohibited

SECTION 27. Manufacture or mixing of animal fats with milk, cream or

butter prohibited.

28. Prohibited articles not to be furnished for use.

29. Use of coloring matter prohibited.

29a. Poisonous coloring matter.

30. Manufacture and sale of imitation cheese prohibited.

31. When prohibitions do not apply to skim-milk or skim-cheese.

32. Unclean utensils, cans, etc.,

33. Manufacturer's brand of cheese.

34. Use of false brand prohibited.

35. County trade-marks.

36. Object and intent of this article.
37. Penalties.

§ 20. Definitions. The terms, butter and cheese, when used in this article, mean the products of the dairy, usually known by these terms, which are manufactured exclusively from pure, unadulterated milk or cream or both, with or without salt or rennet, and with or without coloring matter or sage. The terms oleomargarine, butterine, imitation butter or imitation cheese, shall be construed to mean any article or substance in the semblance of butter or cheese not the usual product of the dairy, and not made exclusively of pure and unadulterated milk or cream, or any such article or substance into which any oil, lard or fat not produced from milk or cream enters as a component part, or into which melted butter or butter in any condition or state, or any oil thereof has been introduced to take the place of cream. term, adulterated milk, when so used, means:

The

1. Milk containing more than eighty-eight per centum of water or fluids.

2. Milk containing less than twelve per centum of milk solids. 3. Milk containing less than three per centum of fats.

4. Milk drawn from cows within fifteen days before and five days after parturition.

5. Milk drawn from animals fed on distillery waste or any substance in a state of fermentation or putrefaction or on any unhealthy food.

6. Milk drawn from cows kept in a crowded or unhealthy condition.

7. Milk from which any part of the cream has been removed. 8. Milk which has been diluted with water or any other fluid, or to which has been added or into which has been introduced any foreign substance whatever.

All adulterated milk shall be deemed unclean, unhealthy,

by adding Portion Further

And 1904

C. 566

But

or semblance feream, which is not

nor shale they sell or exchange, or offer or expose for sale or exchange any och outstance

impure and unwholesome. The terms, pure milk or unadulterated milk, when used singly or together mean sweet milk not adulterated, and the terms pure cream or unadulterated cream, when used singly or together mean cream taken from pure and unadulterated milk. § 21. Care and feed of cows.- No person shall keep cows, for the production of milk for market or for sale or exchange, or for manufacturing the milk or cream from the same into any article of food, in a crowded or unhealthy condition, or feed any such cows on distillery waste or on any substance in the state of putrefaction or fermentation, or upon any food that is unhealthy or that produces impure, unhealthy, diseased or unwholesome milk. this section shall not be construed to prohibit the feeding of ensilage. and 1904 § 22. Prohibition of the sale of adulterated milk.- No person c. shall sell or exchange, or offer or expose for sale or exchange any unclean, impure, unhealthy, adulterated or unwholesome milk or any cream from the same or any unclean, impure, unhealthy, adulterated, colored, or unwholesome cream, or sell or exchange or offer or expose for sale or exchange any article of food made from such milk or cream or manufacture from any such milk or cream any article of food. (As amended by chap. 101 of 1900.) or all orexchange, offer or expRR. for gale orexchange, anly outstance in § 23. Regulations in regard to butter and cheese factories.-amo 1901c429 No person shall sell, supply or bring to be manufactured to any butter or cheese factory any 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. No person shall sell, supply or bring to be manufactured to any butter or cheese factory any milk from which there has been kept back any part of the milk commonly known as strippings, or any milk that is sour, except pure skim milk to skim-cheese factories. The owner or proprietor or the persons having charge of any butter or cheese factory, not buying all the milk used by him, shall not use for his own benefit, or allow any of his employes or any other person to use for his own benefit, any milk, cream, butter or cheese or any other product thereof, brought to such factory, without the consent of the owners of such milk or the products thereof. Every butter or cheese manufacturer not buying all the milk he uses, shall keep a correct account of all the milk daily received, of the number of packages of butter and cheese. made each day, and the number of packages and aggregate weight of cheese and butter disposed of each day; which account shall be open to inspection to any person who delivers milk to such factory. Whenever manufacturers of butter or cheese purchase milk upon the basis of the amount of fat contained therein and use for ascertaining the amount of such fat what is known as the Babcock test, the bottles used in such test shall before use be examined by the director of the Geneva Experimental Station. If such bottles are found to be properly constructed and graded so as to accurately show the amount of fat contained in milk, each of them shall be legibly and indelibly marked "S. B." No bottle shall be so marked except as herein provided nor shall be used in any such test by such

manufacturers, unless so examined and marked. The acid used in
making such test by such manufacturers shall be examined from
time to time by competent chemists employed by the commissioner
of agriculture and if found not to be of sufficient strength the use
of such acid shall be prohibited. The commissioner of agriculture
or persons employed by him for that purpose may at any time assist
in mailing tests of milk received at a butter or cheese factory for
the purpose of determining the efficiency of tests usually made at
such factory. All persons using other than standard bottles or acid
which is not of the required strength to accurately determine the
amount of fats in milk, shall be subject to the penalties prescribed by
section thirty-seven of this article, and shall be guilty of a misde-
meanor. (As amended by chap. 544 of 1900.)

amo
1901c. 315 § 24. Cans to be branded with the name of county.- No per-
1904c.168 son shall sell or offer or expose for sale or exchange any milk,
except in the county where produced, unless each can, vessel or
package containing such milk shall be distinctly and durably
branded with letters not less than one inch in length and of a suit-
able width to correspond with such length, and with suitable spaces
between the letters, on the outside, above the center, on every can,
vessel or package containing such milk, the name of the county from
which the same is produced; and the same letters shall be branded
or painted in a conspicuous place on the carriage or vehicle in
which the milk is drawn to be sold; and such milk shall not be sold
by the producer outside of the county in which it is produced, ex-
cept in or out of a can, vessel, package or carriage or vehicle so
marked. The foregoing prohibitions and provisions of this section
shall not apply when milk is sold or delivered in glass bottles. No
milk shall be sold or delivered in glass bottles, except in the county
where produced, unless such bottles shall have legibly blown,
stamped, engraved, etched, impressed or moulded in the glass, or
otherwise produced upon both bottles, the name of the vendor, or
the same is on a label or cover affixed thereto, or there is some mark
or device on or affixed to such bottles by which the vendor may be
ascertained.

§ 25. Regulations in regard to condensed milk.- No con-
'densed milk shall be made or offered or exposed for sale or ex-
change unless manufactured from pure, clean, healthy, fresh, un-
adulterated and wholesome milk from which the cream has not
been removed either wholly or in part, or unless the proportion of
milk solids shall be in quantity the equivalent of twelve per centum
of milk solids in crude milk, and of which solids twenty-five per
centum shall be fats. No person shall manufacture, sell or offer for
sale or exchange in hermetically sealed cans, any condensed milk
unless put up in packages upon which shall be distinctly labeled or
stamped the name of the persons or corporation by whom made and
the brand by which or under which it is made. When condensed
milk shall be sold from cans or packages not hermetically sealed, the
vendor shall brand or label such cans or packages with the name of
the manufacturer of the milk contained therein. (As amended by
chap. 564 of 1893, § 1, and chap. 143 of 1894, § I.)