d. If a compounded feed, the name of each ingredient contained therein. e. If artificially colored, the name of the material used for such purpose. If any such concentrated commercial feeding stuffs be sold, offered or exposed for sale in bulk, such printed statement shall accompany every car or lot. Any such feeding stuffs purchased in bulk and later sacked or bagged for purposes of sale shall have tags attached giving the information as provided herein before being sold, offered or exposed for sale. Whenever any feeding *stuffs is sold at retail in bulk or in packages belonging to the purchaser, the seller upon request of the purchaser shall furnish the said purchaser the information contained in the certified statement provided herein. That portion of the statement required by this section relating to the quality of feeding stuffs shall be known and recognized as the guaranteed analysis. (Thus amended by L. 1909, ch. 317, in effect January 1, 1910.) Amendment of 1909 materially changed former section which read as fol lows: § 161. Statements to be attached to packages; contents; analysis. No manufacturer, firm, association, corporation or person shall sell, offer or expose for sale or for distribution in this state any concentrated commercial feeding stuff used for feeding live stock, unless each car or other amount shipped in bulk shall have affixed to it or be accompanied by a plainly printed statement clearly and truly certifying the name or trade mark under which the article is sold, the name of the manufacturer, the place of manufacture, the shipper and the place of business and a statement of the constituents of such concentrated feeding stuff as shown by a chemical analysis. Such statement shall show the percentage it contains of crude protein and of crude fat. If such concentrated feeding stuff is in packages such statement shall be affixed to the package, and shall also state the number of pounds in such package. 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. § 162. Statements to be filed with commissioner of agriculture; to be accompanied by sample and affidavit when requested. Before any manufacturer, firm, association, corporation 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 brand of concentrated commercial feeding stuff, file annually prior to January first of the calendar year in which such commodity is to be sold, offered or exposed for sale with the commissioner of agriculture a certified copy of the statement specified in section one hundred and sixty-one, said certified copy to be accompanied, when the said commissioner 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 to the feeding stuff which it represents, in the per centum of crude protein, crude fat, So in original. crude fibre, name of each ingredient contained therein, if a compounded feed, and the name of any artificial coloring material used. (Thus amended by L. 1909, ch. 317, in effect January 1, 1910.) Amendment of 1909 materially changed former section which read as fol lows: § 162. Statements to be filed with commissioner of agriculture; to be accompanied by sample. Before any manufacturer, company or person shall sell, cffer 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 commissioner of agriculture a certified copy of the statement specified in section one hundred and sixty-one, said certified copy to be accompanied, when the said commissioner 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 to the feeding stuff which it represents, in the percentage of protein and fat which it contains. 163. License fee. Every manufacturer, importer, agent or seller of any concentrated commercial feeding stuffs, shall pay annually prior to January first of the calendar year in which such commodity is to be sold, offered or exposed for sale to the treasurer of the state of New York a license fee of twenty-five dollars for each and every brand to be sold or offered or exposed for sale. Whenever a manufacturer, importer, agent or seller of any concentrated commercial feeding stuffs desires at any time to sell such material and has not complied with the requirements of the statute he shall before selling, offering or exposing the same for sale, comply with the requirements as herein provided. Said treasurer shall in each case at once certify to the commissioner of agriculture the payment of such license fee. Each manufacturer, importer or person who has complied with the provisions of this article shall be entitled to receive a certificate from the commissioner of agriculture setting forth said facts. Such certificate shall expire on the thirty-first day of December of the calendar year in which it was issued, but no such certificate shall be issued for the sale of a brand of concentrated commercial feeding stuff under a brand or trade name which is misleading or deceptive or which tends to mislead or deceive as to the constituents or materials of which it is composed. Any such certificate so issued may be cancelled by the commissioner of agriculture when it is shown that any statement upon which it was issued is false or misleading. Whenever the manufacturer, importer or shipper of concentrated commercial feeding stuffs shall have filed the statement required by section one hundred and sixty-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. (Thus amended by L. 1909, ch. 317, in effect January 1, 1910.) Amendment of 1909 materially changed former section which read as for lows: § 163. License fee. Every manufacturer, importer, agent or seller of any concentrated commercial feeding stuffs, shall pay annually during the month of December to the treasurer of the state of New York a license fee of twentyfive 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. Said treasurer shall in each case at once certify to the commissioner of agriculture the payment of such license fee. Each manufacturer, importer or person who has complied with the provisions of this article shall be entitled to receive a certificate from the commissioner of agriculture setting forth said facts. The treasurer of the state of New York shall pay from the amount of such license fees, when duly appropriated, the moneys required for the expense incurred in enforcing the provisions of this article. Whenever the manufacturer, importer or shipper of concentrated commercial feeding stuffs shall have filed the statement required by section one hundred and sixty-one of this article and paid the license fee as prescribed in this section, no agent or seiler of such manufacturer, importer or shipper shall be required to file such statement or pay such fee. § 164. Commissioner of agriculture to take samples for analysis; analysis to be made by director of experiment station. The commissioner of agriculture shall at least once in each year transmit to the New York agricultural experiment station for analysis at least one sample to be taken in the manner hereinafter prescribed, of the different concentrated commercial feeding stuffs sold or offered for sale under the provisions of this article. The said commissioner of agriculture or his duly authorized representative in taking samples shall take them in duplicate in the presence of at least one witness, and in the presence of such witness shall seal such samples and shall at the time of taking tender, and if accepted, deliver to the person apparently in charge one of such samples; the other sample the commissioner of agriculture shall cause to be analyzed. The director of said experiment station shall continue to analyze or cause to be analyzed such samples of concentrated commercial feeding stuffs taken under the provisions of this article as shall be submitted to him for that purpose by the commissioner of agriculture and shall report such analyses to the commissioner of agriculture, and for this purpose the New York agricultural experiment station may continue to employ chemists and incur such expenses as may be necessary to comply with the requirements 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. § 165. Sale of adulterated meal or ground grains. No person shall adulterate any kind of meal or ground grain or other cattle food with milling or manufacturing offals, or any 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; no person shall sell or offer for sale any meal or ground grain or other cattle food which has been so adulterated unless the true composition, mixture or adulteration is plainly marked or indicated upon the package containing the same, or in which it is offered for sale. (Thus amended by L. 1909, ch. 317, in effect January 1, 1910.) Amendment of 1909 materially changed former section which read as fol lows: § 165. Sale of adulterated meal or ground grains. No person shall adulterate any kind of meal or ground grain or other cattle food with milling or manufacturing offals, or any 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; no person shall knowingly sell or offer for sale any meal or ground grain or other cattle food which has been so adulterated unless the true composition, mixture or adulteration is plainly marked or indicated upon the package containing the same, or in which it is offered for sale, but there shall be no prosecution for violation of this article 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 sixtytwo of this article. ARTICLE 8 Sale, Adulteration or Misbranding of Food and Food Products Section 200. Prohibition as to adulterated or misbranded food. 201. Definition of adulterated or misbranded food. § 200. Prohibition as to adulterated or misbranded food. No person or persons, firm, association or corporation shall within this state, manufacture, produce, sell, offer or expose for sale any article of food which is adulterated or misbranded within the meaning of this article. The term "food" as used herein shall include all articles used for food, confectionery or condiments by man, whether simple, mixed or compound. § 201. Definition of adulterated or misbranded food. In the case of confectionery, an article shall be deemed to be adulterated if it contain terra alba, barytes, talc, chrome yellow, or other mineral substances or poisonous colors or flavors, or other ingredients deleterious or detrimental to health. In the case of food an article shall be deemed to be adulterated: 1. If any substance or substances has or have been mixed or packed with it so as to reduce or lower or injuriously affect its quality or strength, so that such product, when offered for sale, shall deceive or tend to deceive the purchaser. 2. If any substance or substances has or have been substituted wholly or in part for the article, so that the product, when sold or offered for sale, shall deceive or tend to deceive the purchaser. 3. If any valuable constituent of the article has been wholly or in part abstracted, so that the product, when sold or offered for sale, shall deceive or tend to deceive the purchaser 4. If it contains any added poisonous ingredient or any ingredient which may render such article injurious to the health of the person consuming it. 5. If it consists in whole or in part of a filthy, decomposed or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter. 6. If it contains methyl or wood alcohol, in any of its forms, or any methylated preparation made from it. An article of food shall be deemed to be misbranded: 1. If it be an imitation of or offered for sale under the distinctive name of another article. 2. If it be mixed, colored, powdered or stained in a manner whereby damage or inferiority is concealed, so that such product, when sold or offered for sale, shall deceive or tend to deceive the purchaser. 3. If the package containing it or its label shall bear any statement regarding the ingredients or the substances contained therein, which statement shall be false or misleading in any particular, or if the same is falsely branded as to the state or territory in which it is manufactured or produced: provided, that an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases: First. In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not included in definition first of misbranded articles of food in this section Second. In the case of articles labeled, branded or tagged so as to plainly indicate that they are mixtures, compounds, combinations, imitations or blends: provided, that the samne shall be labeled, branded or tagged so as to show the character and constituents thereof: and provided further, that nothing in this article shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredients to disclose their trade formulas, except in so far as the provisions of this article may require to secure freedom from adulteration or imitation. ARTICLE 9 Sale and Analysis of Commercial Fertilizers Section 220. Statements to be attached to packages of fertilizers. 221. Variation in composition constituting violation of article. |