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milk which is clean, pure, healthy, wholesome and unadulterated, except by skimming. L. 1893, c. 338, § 31.
[Note. Revised from L. 1885, c. 183, § 1; L. 1886, c. 577, § 1; L. 1887, c. 223, and L. 1888, c. 550. (See Birdseye's R. S., 1st ed., p. 803.) Without material change.] 32 Packages to be branded with name of maker. No manufacturer of receptacles for the package of butter shall sell or dispose of any such receptacle without branding his name, and the true weight of the receptacle upon the same with legible letters or figures not less than one-quarter of an inch in length. No person shall sell, or offer for sale, any package containing butter or lard packed by him unless the true weight thereof, with the initial letters of the name of the person packing such butter or lard, be marked or stamped in a legible manner on the side or head of such package. Id., § 32.
[Note. Revised from L. 1884, c. 202, § 4; L. 1885, c. 183, § 4; 1 R. S., p. 573, § 1. (See Birdseye's R. S., 1st ed., pp. 804, 2951.) Without material change.]
33 Manufacturer's brand of cheese. Every manufacturer of full milk cheese may put a brand upon each cheese indicating "full milk cheese," and the date of the month and year when made, and no person shall use such a brand upon any cheese made from milk from which any of the cream has been taken. The commissioner of agriculture shall procure and issue to the cheese manufacturers of the state on proper application therefor, and under such regulations as to the custody and use thereof as he may prescribe, a uniform stencil brand, bearing a suitable device or motto, and the words "New York state full cream cheese." Every such brand shall be used upon the outside of the cheese and upon the package containing the same, and shall bear a different number for each separate factory. The commissioner shall keep a book, in which shall be registered the name, location and number of each manufactory using the brand, and the name or names of the persons at each manufactory authorized to use the same. No such brand shall be used upon any other than full-cream cheese or packages containing the same. Id., § 33.
[Note. Revised from L. 1884, c. 202, § 7; L. 1885, c. 193, and id., c. 183, § 9. (See Birdseye's R. S., 1st ed., pp. 806, 811.) Without material change.]
23 Abb. N. C. 108.
34 Use of false brand prohibited. No person shall offer, sell, or expose for sale, in any package, butter or cheese which is falsely branded or labeled. Id., § 34. [Note. Revised from L. 1884, c. 202, § 7, and L. 1885, c. 193. (See Birdseye's R. S., 1st ed., p. 811.) Without material change.]
35 County trade marks. At a regular or special meeting of a county dairymen's association in any county of the state, there may be adopted a county trade mark, by a majority of the members present and voting, to be used as a trade mark by am* person manufacturing pure unadulterated butter or full-cream cheese in such county. The secretary of the association shall forthwith send to the commissioner of agriculture a copy of such trade mark, which copy he shall place on file in his office, noting thereupon the day and hour he received the same. But one county trade mark for butter and for cheese shall be placed on file for the same county. No association shall adopt any trade mark of any county already on file, or use that of any other county in the formation of a trade mark. Id., § 35.
[Note.- Revised from L. 1881, c. 300, §§ 1, 2. (See Birdseye's R. S., 1st ed., p. 3110.) Previous law covered full-milk not full-cream cheese. Trade marks were to be filed with the secretary of state. Previous law provided, in the last line, that no association could "use the name of any other county in the formation of the trade mark."]
36 Object and intent of this article. This article and each section thereof are declared to be enacted to prevent deception in the sale of dairy products, and to preserve the public health, which is endangered by the manufacture, sale and use of the articles or substances herein regulated or prohibited. Id., § 36. [Note.- Revised from L. 1885, c. 183, § 20. (See Birdseye's R. S., 1st ed., p. 809.) Without material change.]
37 Penalties. Every person violating any of the provisions of this article shall forfeit to the people of the state of New York the sum of one hundred So in the original.
dollars for every such violation.
When such violation consists of the manufacture or production of any prohibited article, each day during which or any part of which such manufacture or production is carried on or continued, shall be deemed a separate violation of the provisions of this article. When the violation consists of the sale, or the offering or exposing for sale or exchange of any prohibited article or substance, the sale of each one of several packages shall constitute a separate violation, and each day on which any such article or substance is offered or exposed for sale or exchange shall constitute a separate violation of this article. When the use of any such article or substance is prohibited, each day during which or any part of which said article or substance is so used or furnished for use, shall constitute a separate violation, and the furnishing of the same for use to each person to whom the same may be furnished shall constitute a separate violation. Id., § 37.
[Note. In part revised from L. 1885, c. 183, § 25. (See Birdseye's R. S., 1st ed., p. 809.) Provisions of old law as to amount of penalties made uniform, and all of section, after first sentence, new.]
81 Hun, 137.
37a Expenditures for products, etc., forbidden. No money appropriated by law for maintenance and support in whole or in part of a state institution; nor money received by a charitable, benevolent, penal or reformatory institution from the state, or from a county, city or town thereof, or appropriated by such county, city or town for the maintenance or support in whole or in part of such institution; nor money belonging to or used for the maintenance or support of such institution, shall be expended for the purchase of, or in payment for, butterine, oleomargarine, lard cheese, or articles or products in imitation or semblance of natural butter or cheese produced from pure unadulterated milk or cream from the same, which articles or products have been rendered or manufactured in whole or in part from animal fats, or animal or vegetable oils not produced from unadulterated milk or cream from the same. L. 1893, c. 364, § 1. 37b Purchase, sale, and use of products, etc., prohibited. No officer, manager, superintendent or agent of an institution mentioned in the first section of this act, shall purchase for the use of such institution articles or products for the purchase of which the money appropriated by law, or by a county, city or town, is forbidden to be used by this act, and no person shall sell to, or for the use of such institution, such articles or products. Nor shall such articles or products be used as articles of food or for cooking purposes in such institutions within this state. Id., § 2.
§ 50. Definition of Adulterated Vinegar.
51. Manufacture and Sale of Adulterated or Imitation Vinegar Prohibited. 52. Packages Containing Cider Vinegar to be Branded.
50 Definition of adulterated vinegar. All vinegar which contains any proportion of lead, copper, sulphuric acid, or other ingredients injurious to health, or any artificial coloring matter or which has not an acidity equivalent to the presence of at least four and one-half per centum, by weight, of absolute acetic acid, or cider vinegar which has less than such an amount of acidity, or less than two per centum of cider vinegar solids on full evaporation over boiling water, shall be deemed adulterated. The term, cider vinegar, when used in this article means vinegar made exclusively from pure apple juice. L. 1893, c. 338, § 50.
[Note. Revised from L. 1889, c. 515, §§ 1, 4, 10. (See Birdseye's R. S., 1st ed., pp. 3312, 3313.) Without material change.]
73 Hun, 457; 56 N. Y. St. R. 49; 145 N. Y. 105.
51 Manufacture and sale of adulterated or imitation vinegar prohibited. person shall manufacture for sale, keep for sale or offer for sale:
1. Any adulterated vinegar.
2. Any vinegar or product in imitation or semblance of cider vinegar, which
is not cider vinegar.
3. As or for cider vinegar, any vinegar or product which is not cider vinegar. L. 1893, c. 338, § 51.
[Note.- Revised from L. 1889, c. 515, §§ 1-4. (See Birdseye's R. S., 1st ed., p. 3312.) Without material change.]
73 Hun, 457; 56 N. Y. St. R. 49; 145 N. Y. 105.
52 Packages containing cider vinegar to be branded. Every manufacturer or producer of cider vinegar shall plainly brand on the head of each cask, barrel keg or other package containing such vinegar, his name and place of business and the words "cider vinegar." And no person shall mark or brand as or for cider vinegar any package containing that which is not cider vinegar. Id., § 52. [Note.- Revised from L. 1889, c. 515, § 5. (See Birdseye's R. S., 1st ed., p. 3312.) Without material change.]
73 Hun, 457; 56 N. Y. St. R. 49; 145 N. Y. 105.
53 Penalties. Every person violating the provisions of this article shall forfeit and pay to the people of the state the sum of one hundred dollars for each violation. Id., § 53.
[Note. Revised from L. 1889, c. 515, § 6. (See Birdseye's R. S., 1st ed., p. 3313.) Former law read, whoever by himself or another violates," etc.]
73 Hun, 457; 56 N. Y. St. R. 49; 145 N. Y. 105.
Diseases of Domestic Animals.
§ 60. Suppression of Infectious or Contagious Disease. 61. Commissioner to Issue Notice.
62. Farms to be Quarantined.
63. Detention and Destruction of Animals.
64. Employment of Veterinary Surgeons.
65. Regulations and Enforcement thereof.
Note. The revisers have charged the state board of health with the care of animals affected by tuberculosis, and horses affected by glanders. See Public Health Law, $$ 60-65. All other infectious and contagious diseases of animals are committed to the charge of the commissioner of agriculture, by this article.
60 Whenever any infectious or contagious disease except tuberculosis and glanders affecting domestic animals shall be brought into or break out in this state, the commissioner of agriculture shall take measures to promptly suppress the same, and to prevent such disease from spreading. L. 1893, c. 338, § 60.
Suppression of infectious and contagious disease.
[Note.- Revised from L. 1878, c. 134, § 1. (See Birdseye's R. S., 1st ed., p. 53.) Words except tuberculosis and glanders new. Former provisions applied to governor, but not to commissioner of agriculture.]
61 Commissioner to issue notice. He shall issue and publish a notice, stating that a specified infectious or contagious disease exists in any designated county or other geographical district of the state, and warning all persons to seclude in the premises where they may be at the time, all animals within such county or district, that are of a kind susceptible to contract such disease, and ordering all persons to take such precautions against the spreading of the disease, as the nature thereof may in his judgment render necessary or expedient, and which he may specify in such notice. Such notice shall be published in such newspapers, and be posted in such manner as the commissioner may designate, and as, in his judgment, are most likely to give notice thereof. Id., § 61.
[Note.- Revised from L. 1878, c. 134, § 2, and L. 1888, c. 286. (See Birdseye's R. S., 1st ed., p. 53.) The last sentence is new. Former law provided for proclamation by governor.]
62 Farms to be quarantined. The commissioner or an assistant commissioner, shall order any premises, farm or farms where such disease exists, or recently existed, to be put in quarantine, so that no domestic animal be removed from or brought to the premises or places quarantined, and shall prescribe such regulations as he may judge necessary or expedient to prevent the communication of the disease by infection or contagion, in any way from the places so quarantined. Id., § 62.
[Note. Revised from L. 1878, c. 134, § 2, and L. 1888, c. 286. (See Birdseye's R. S., 1st ed., p. 53.) In large part new.]
63 Detention and destruction of animals. The commissioner or an assistant commissioner, may order all or any animals coming into the state to be detained at any place or places for the purpose of inspection and examination. He may prescribe regulations for the destruction of animals affected with infectious or contagious disease, and for the proper disposal of their hides and carcasses, and of all objects which might carry infection or contagion. Whenever, in his judgment necessary, for the more speedy and economical suppression or prevention of the spread of any such disease, he may cause to be slaughtered, and to be afterwards disposed of, in such manner as he may deem expedient, any animal or animals, which, by contact or association with diseased animals, or by other exposure to infection or contagion, may be considered or suspected to be liable to contract or communicate the disease sought to be suppressed or prevented. Id., § 63.
[Note. Revised from L. 1878, c. 134, § 2; L. 1888, c. 286, and L. 1884, c. 418, § 1. (See Birdseye's R. S., 1st ed., pp. 53, 54.) Without material change.]
64 Employment of veterinary surgeons. The commissioner may employ such and so many medical and veterinary practitioners and such other persons as he may, from time to time, deem necessary to assist him in discharging the duties imposed upon him by this article, and may fix their compensation. All persons now employed by the governor for such purposes shall continue in the employ of the commissioner upon the same terms, until such employment shall be terminated or modified by the commissioner. No animal shall be destroyed by the commissioner or by his order, on the ground that it is a diseased animal, unless first examined by a medical or veterinary practitioner in the employ of the commissioner under this section, nor until such practitioner renders a certificate to the effect that he has made such examination, that in his judgment such animal is affected with a specified infectious or contagious disease, or that its destruction is necessary in order to suppress or aid in suppressing such disease, or to prevent such disease, or to prevent the spread thereof specifying the reasons for such necessity. Id., § 64.
[Note. Revised from L. 1878, c. 134, § 2, and L. 1888, c. 286. (See Birdseye's R. S., 1st ed., p. 53.) Second sentence new; also provisions as to certificate by practitioner.] 65 Regulations and the enforcement thereof. The commissioner may prescribe such regulations as in his judgment may be thought suited for the suppression or prevention of the spread of any such disease, and for the disinfection of all premises, buildings, railway cars, vessels and other objects from or by means of which infection or contagion may take place or be conveyed. He may alter or modify, from time to time, as he may deem expedient, the terms of all notices, orders and regulations issued or made by him, and may at any time cancel or withdraw the same. He may call upon the sheriff or deputy sheriff, to carry out and enforce the provisions of any notice, order or regulation which he may make, and all such sheriffs and deputy sheriffs shall obey and observe all orders and instructions which they may receive from him in the premises. Id., § 65. [Note. Revised from L. 1878, c. 134, § 2, and L. 1888, c. 286. (See Birdseye's R. S., 1st ed., p. 53.) Provision in first sentence of section, for the suppression or prevention of the spread of such disease, new; otherwise no material change.] 66 Penalties. Any person violating, disobeying or disregarding the terms of any notice, order or regulation, issued or prescribed by the commissioner under
this article, shall forfeit to the people of the state the sum of one hundred dollars for every such violation. L. 1893, c. 338, § 66.
[Note.- Revised from L. 1878, c. 134, § 3. (See Birdseye's R. S., 1st ed., p. 54.) Former law made disobedience a misdemeanor.]
67 Expenses. All expenses incurred by the commissioner in carrying out the provisions of this article and in performing the duties herein devolved upon him shall be audited by the comptroller as extraordinary expenses of the department of agriculture, and paid out of any moneys in the treasury appropriated for such purposes. Id., § 67.
[Note.- Revised from L. 1878, c. 134, § 4. (See Birdseye's R. S., 1st ed., p. 54.) Former law made expenses chargeable as extraordinary expenses of the executive department, and to be paid out of any moneys in the treasury not otherwise appropriated.] 68 Compensation to owners of animals destroyed. The actual value at the time they are killed of any animals slaughtered under the provisions of this article, shall be paid to the owners of such animals. For the purpose of ascertaining and determining such value, the commissioner, or any agent appointed by him under this article, shall appoint one appraiser, the owner of the animals killed shall appoint another, and the two thus appointed shall select a third, and the three shall appraise the amount to be paid to the owner of the animals. The board of claims shall have exclusive jurisdiction to hear, audit and determine all claims which shall arise under the provisions of this article for the compensation for animals slaughtered, and to allow thereon such sums as should be paid by the state. No compensation shall be made to any person who has willfully concealed the existence of disease among his animals or upon his premises, or who in any way by act or by willful neglect, has contributed to spread the disease sought to be suppressed or prevented. Id., § 68.
[Note. Revised from L. 1884, c. 418, § 2. (See Birdseye's R. S., 1st ed., p. 54.) Under former law first arbitrator was to be appointed only by agent of governor.]
125 N. Y. 312; 34 id. 788.
69 Federal regulations. The commissioner of agriculture may accept, in behalf of the state, the rules and regulations prepared and adopted by the commissioner of agriculture or the secretary or department of agriculture of the United States, under any act of congress for the establishment of a bureau of animal industry or to prevent the exportation of diseased cattle or to provide means for the extirpation and suppression of pleuro-pneumonia and other contagious diseases among domestic animals and shall co-operate with the authorities of the United States in the enforcement of the provisions of any such act. Id., § 69.
[Note.- Revised from L. 1887, c. 155, § 1. (See Birdseye's R. S., 1st ed., p. 54.) Words or the secretary or department of agriculture of the United States," new.]
70 Rights of federal inspectors. The inspectors of the bureau of animal industry of the United States shall have the right of inspection, quarantine and condemnation of animals affected with any contagious, infectious or communicable disease, or suspected to be so affected or that may have been exposed to any such disease, and for such purposes they may enter upon any ground or premises; they may call the sheriffs, constables and peace officers to assist them in discharge of their duties in carrying out the provisions of any such act; and all sheriffs, constables and peace officers shall assist such inspectors when so requested, and such inspectors shall have the same powers and protection as peace officers, while engaged in the discharge of their duties. This state shall not be liable for any damages or expenses caused or made by such inspectors. Id., § 70.
[Note. Revised from L. 1887, c. 155, §§ 2, 3. (See Birdseye's R. S., 1st ed., p. 55.) Without material change.]
§ 80. The Prevention of Diseases Among Bees.