of the commissioner of agriculture for or in connection with the official purposes, affairs, powers, duties or proceedings of said commissioner of agriculture or his assistant commissioners of agriculture or for any official purpose lawfully authorized by said commissioner of agriculture. § 4. Expert butter and cheese makers. The commissioner of agriculture may appoint and employ not more than five expert butter and cheese makers, who shall, under his direction, examine and inspect butter and cheese factories and attend at agricultural fairs, societies and meetings designated by the commissioner, to impart thereat information as to the best and most improved method of making butter and cheese and improving the quality thereof. § 5. Annual report. The commissioner of agriculture shall make an annual report to the legislature on or before January fifteenth, of his work and proceedings for the year ending September thirtieth, next preceding, which shall include a statement in detail of the number of assistant commissioners, chemists, experts, agents, and counsel employed under the provisions of this chapter during such year, and their compensation, expenses and disbursements; and also a statement in detail of the expenditures of moneys appropriated for the state agricultural society, the county agricultural societies and the New York agricultural experiment station; and other agricultural purposes and estimates of the amounts required for all such purposes for the ensuing year. He may require the state agricultural society and the county agricultural societies to make reports to him and prescribed the form of such reports. § 6. Certificate of chemist presumptive evidence. Every certificate, duly signed and acknowledged, of a chemist, analyst or other expert employed by the commissioner of agriculture or any analysis, examination or investigation made by such analyst, chemist or expert with respect to any matter or product which the commissioner has authority to examine or cause to be examined, shall be presumptive evidence of the facts therein stated. § 7. Evidence; principal's liability for acts of agent. The doing of anything prohibited by this chapter shall be evidence of the violation of the provisions of this chapter relating to the thing so prohibited, and the omission to do anything directed to be done shall be evidence of a violation of the provisions of the chapter relative to the thing so directed to be done. The intent of any person doing or omitting to do any such act is immaterial in any prosecution for a violation of the provisions of this chapter. Any person who suffers, permits or allows any violation of the provisions of this chapter by his agent or servant or in any room or building occupied or controlled by him, shall be deemed a principal in such violation and liable accordingly. Any person who shall keep, store or display any article or product, the manufac ture or sale of which is prohibited or regulated by this chapter, with other merchandise or stock in his place of business, shall be deemed to have the same in his possession for sale. § 8. Prosecution for penalties. Whenever the commissioner of agriculture shall know or have reason to believe that any penalty has been incurred by any person for a violation of any of the provisions of this chapter, or that any sum has been forfeited by reason of any such violation, he may cause an action or proceeding to be brought in the name of the people for the recovery of the same. Such action may be brought in the county where the product is sold, offered or exposed for sale, or in the county where the adulteration or violation, or any part thereof, occurred. § 9. Disposal of fines and moneys recovered. Onehalf of all moneys recovered, either as penalties, forfeitures or otherwise, for the violation of any of the provisions of this chapter, and from fines imposed as a punishment for any criminal offense committed in violation of the provisions of this chapter, or of the penal law relating to the punishment of criminal offenses committed in violation of the provisions of law for the prevention of frauds in the manufacture or sale of any of the articles or products to which this chapter relates, shall be paid by the court or the clerk thereof to the city or county where the recovery shall be had or fine collected, for the benefit of the poor of such city or county, except in the city of New York, where the same shall be paid to the proper authorities, and equally divided by them between the pension funds of the police and fire departments. The residue of such moneys shall be paid into the treasury of the state, and paid out by the treasurer, upon the warrant of the comptroller, for the purpose of defraying the expenses of the department of agriculture, audited by the comptroller. The same disposal shall be made of all moneys recovered upon any bond given by any officer by virtue of the provisions of this chapter. § 10. When injunction may be obtained. In an action in the supreme court for the recovery of a penalty or forfeiture incurred for the violation of any of the provisions of this chapter an application may be made on the part of the people to the court or any justice thereof for an injunction to restrain the defendant. his agents and employees from the further violation of such provisions. The court or justice to whom such application may be made, shall grant such injunction on proof, by affidavit, that the defendant has been guilty of the violations alleged in the complaint, or of a violation of any such provision subsequent to the commencement of the action, and in the same manner as injunctions are usually granted under the rules and practice of the court. No security on the part of the plaintiff shall be required, and costs of the application may be granted or refused in the discretion of the court or justice. If the plaintiff shall recover judgment in the action for any penalty or forfeiture demanded in the complaint, the judgment shall contain a permanent injunction, restraining the defendant, his agents and employees, from any further violation of such provision of this chapter. Any injunction, order or judgment obtained under this section may be 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 the 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. ARTICLE 3 Dairy Products Section 30. Definitions. 31. Care and feed of cows. 32. Prohibiting the sale of adulterated milk, imitation cream and regulating the sale of certified milk. 33. Regulations in regard to butter and cheese factories. 34. Penalty for delivery of adulterated milk. 25. Inspection; how conducted. 36. Branded cans, jars or bottles not to be sold, remarked or used without consent of owner. Section 37. Regulations in regard to condensed milk. 38. Manufacture and sale of imitation butter prohibited. 40. Prohibited articles not to be furnished for use. 42. Coloring matter in food products; analysis by state 43. Manufacture and sale of imitation cheese prohibited. 45. Unclean receptacles and places for keeping milk; 46. Unsanitary cans and receptacles condemned. 47. Receptacles to be cleaned before return; may be 48. Manufacturer's brand of cheese. 49. Use of false brand prohibited. 50. County trade marks. 51. Object and intent of this article. 52. Penalties. 53. Butterine and similar products not to be purchased by certain institutions. 54. Purchase, sale and use of butterine and similar prod- The 30. Definitions. The terms "butter" and "cheese." cream. 1. Milk containing more than eighty-eight per centum of water s or fluids. 2. Milk containing less than twelve per centum of milk solids. 4. Milk drawn from cows within fifteen days before and five 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, imThe terms pure and unwholesome. 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. The term 66 adulterated cream " when used shall mean cream containing less than eighteen per centum of milk fat or cream to which any substance whatsoever has been added. (Thus amended by L. 1909, ch. 186, in effect Apr. 14, 1909.) Amendment of 1909 added the last sentence. § 31. 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. But this section shall not be construed to prohibit the feeding of ensilage. § 32. Prohibiting the sale of adulterated milk, imitation cream and regulating the sale of certified milk. No person 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 substance in imitation or semblance of cream, which is not cream, nor shall he sell or exchange, or offer or expose for sale or exchange any such substance as and for 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. No person shall sell or exchange, or offer or expose for sale or exchange, as and for certified milk, any milk which does not conform to the regulations prescribed by and bear the certification of a milk commission appointed by a county medical society organized under and char |