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Art. 5

Diseases of Domestic Animals.

§§ 103-105

in any way by act or by wilful neglect has contributed to spread the disease sought to be suppressed or prevented, nor for any animal which upon a post-mortem examination is found to have the disease on account of which it was slaughtered or any dangerously contagious or infectious disease that would warrant the destruction of such animal, except as herein provided.

Formerly L. 1893, ch. 338, § 70-a, as added by L. 1901, ch. 321, § 1, and am'd by L. 1905, ch. 167, § 1, and L. 1908, ch. 518, § 4.

§ 103. 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.

Formerly L. 1893, ch. 338, § 70-b, as added by L. 1901, ch. 321, § 1.

§ 104. 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.

Formerly L. 1893, ch. 338, § 70-c, as added by L. 1901, ch. 321, § 1.

§ 105. 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 sherifis, 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.

Formerly L. 1893, ch. 338, § 70-d, as added by L. 1901, ch. 321, § 1, and am'd by L. 1907, ch. 281, § 2.

§§ 106, 107

Diseases of Domestic Animals.

Art. 5

§ 106. Shipping, slaughtering and selling veal for food. No person shall slaughter or expose for sale, or sell any calf or carcass of the same or any part thereof, unless it is in good healthy condition. No person shall sell or expose for sale any such calf or carcass of the same or any part thereof, except the hide, unless it was, if killed, at least four weeks of age at the time of killing. No person or persons shall bring or cause to be brought into any city, town or village any calf or carcass of the same or any part thereof for the purposes of selling, offering or exposing the same for sale, unless it is in a good healthy condition, and no person or persons shall bring any such calf or carcass of the same or any part thereof except the hide into any city, town or village for the purpose of selling, offering or exposing the same for sale, unless the calf is four weeks of age, or, if killed, was four weeks of age at the time of killing, provided however that the provisions of this section shall not apply to any calf or carcass of the same or any part thereof, which is slaughtered, sold, offered or exposed for sale, for any other purpose than for food. Any person or persons exposing for sale, selling or shipping any calf or carcass of the same will be presumed to be so exposing, selling or shipping the said calf or carcass of the same for food. Any person or persons shipping any calf for the purpose of being raised, if the said calf is under four weeks of age, shall ship it in a crate, unless said calf is accompanied by its dam. Any person shipping calves under four weeks of age for fertilizer purposes must slaughter the said calves before so shipping. Any person or persons duly authorized by the commissioner of agriculture may examine any calf or veal offered or exposed for sale or kept with any stock of goods apparently exposed for sale and if such calf is under four weeks of age, or the veal is from a calf killed under four weeks of age, or from a calf in an unhealthy condition when killed, he may seize the same and cause it to be destroyed and disposed of in such manner as to make it impossible to be thereafter used for food.

Formerly L. 1893, ch. 338, § 70-e, as added by L. 1902, ch. 30, § 1, and am'd by L. 1905, ch. 171, § 1, and L. 1906, ch. 372, § 1.

§ 107. Shipping veal. It shall be unlawful for any corporation, partnership, person or persons to ship to or from any part of this state any carcass or carcasses of a calf or calves or any part of such carcass except the hide, unless they shall attach to every carcass or part thereof so shipped, in a conspicuous place, a tag, that shall stay thereon during such transportation, stating the name or names of the person or persons who raised the calf, the

Art. 6

Prevention of Fraud in Sale of Paris Green, Etc.

§§ 108, 140

name of the shipper, the points of shipping and the destination and the age of the calf.

Formerly L. 1893, ch. 338, § 70-f, as added by L. 1902, ch. 30, § 1.

§ 108. Receiving veal for shipment by common carriers. No railroad company, express company, steamboat company or other common carrier, shall carry or receive for transportation any carcass or carcasses of calves, or any part of the same except the hide, unless the said carcass or carcasses or parts thereof shall be tagged as herein provided.

Formerly L. 1893, ch. 338, § 70-g, as added by L. 1902, ch. 30, § 1.

ARTICLE 6

Prevention of Fraud in Sale of Paris Green and Other Substances

Section 140. State manufacturer and the dealer in original packages to file certificate with commissioner of

agriculture.

141. Certificate to be given by the commissioner of agriculture to state manufacturer and dealer in original packages.

142. Composition of paris green or analogous products. 143. Paris green, arsenate of lead, sulphur, lime sulphides, miscible combinations of mineral and vegetable oils, sulphate of copper, Bordeaux mixture, or any insecticide or fungicide or essential ingredient thereof to be analyzed.

144. Definitions.

§ 140. State manufacturer and the dealer in original packages to file certificate with commissioner of agriculture. It shall be the duty of each and every manufacturer of paris green, arsenate of lead, sulphur, lime sulphides, miscible combinations of mineral or vegetable oils, sulphate of copper, Bordeaux mixture, or any insecticide or fungicide or essential ingredient thereof used for the control of insects or fungus diseases or any other purpose within this state, and of every dealer in original packages of paris green, arsenate of lead, sulphur, lime sulphides, miscible combinations of mineral or vegetable oils, sulphate of copper, Bordeaux mixture, or any insecticide or fungicide or essential ingredient thereof manufactured outside of this state before the said paris green, arsenate of lead, sulphur, lime sulphides, miscible combinations.

8 141

Prevention of Fraud in Sale of Paris Green, Etc.

Art. 6

of mineral or vegetable oils, sulphate of copper, Bordeaux mixture, or any insecticide or fungicide or essential ingredient thereof is offered or exposed for sale or sold within this state, to submit to the commissioner of agriculture a written or printed statement setting forth: first, the brands of paris green, arsenate of lead, sulphur, lime sulphides, miscible combinations of mineral or vegetable oils, sulphate of copper, Bordeaux mixture, or any insecticide or fungicide or essential ingredient thereof, to be sold, the number of pounds contained in each package in which it is put upon the market for sale, the name or names of the manufacturers and the place of manufacturing the same; second, the statement shall set forth so near as may be the percentages and chemical compositions of all essential substances or ingredients of said insecticides or fungicides or combinations of the same contained in said commodities. All packages of preparations containing arsenic free or in combination shall bear a statement giving in plain print the percentage of arsenious oxide or its equivalent soluble or insoluble in distilled water, and the statement so furnished shall be considered as constituting a guaranty to the purchaser of the contents of every package. Each and every package of paris green, arsenate of lead, sulphur, lime sulphides, miscible combinations of mineral or vegetable oils, sulphate of copper, Bordeaux mixture, or any insecticide or fungicide or essential ingredient thereof sold, offered or exposed for sale shall bear a label upon which shall be a statement showing all the facts as set forth in the statement filed with the commissioner of agriculture as provided herein and the said commissioner shall designate the size and character of the printing thereon.

Formerly L. 1893, ch. 338, § 110, as added by L. 1898, ch. 113, § 1, and am'd by L. 1908, ch. 279, § 1.

§ 141. Certificate to be given by the commissioner of agriculture to state manufacturer and dealer in original packages. Every purchaser of paris green, arsenate of lead, sulphur, lime sulphides, miscible combinations of mineral or vegetable oils, sulphate of copper, Bordeaux mixture, or any insecticide or fungicide or essential ingredient thereof, in original packages, which is manufactured outside of this state, who intends to sell or expose the same for sale, and every manufacturer of paris green, arsenate of lead, sulphur, lime sulphides, miscible combinations of mineral or vegetable oils, sulphate of copper, Bordeaux mixture, or any insecticide or fungicide or essential ingredient thereof, within this state shall,

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Art. 6

Prevention of Fraud in Sale of Paris Green, Etc. §§ 142-144 after filing the statement above provided for, with the commissioner of agriculture, receive from the said commissioner of agriculture, a certificate stating that he has complied with the foregoing statement, which certificate shall be furnished without any charge therefor; said certificate when furnished shall authorize the party receiving the same to deal in this state in paris green, arsenate of lead, sulphur, lime sulphides, miscible combinations of mineral and vegetable oils, sulphate of copper, Bordeaux mixture, or any insecticide or fungicide or essential ingredient thereof. Any person who fails to file the statement aforesaid shall not be entitled to such certificate and shall not be entitled to deal in such articles or commodities within this state; nothing in this section shall be construed as applying to retail dealers who are selling only the goods manufactured by any person or persons, firm, association or corporation holding the certificate herein provided for from the commissioner of agriculture.

Formerly L. 1893, ch. 338, § 111, as added by L. 1898, ch. 113, § 1, and am'd by L. 1908, ch. 279, § 1.

§ 142. Composition of paris green or analogous products. Paris green, or any product analogous to it, when sold, offered or exposed for sale, as such, in this state, shall contain at least fifty per centum of arsenious oxide.

Formerly L. 1893, ch. 338, § 112, as added by L. 1898, ch. 113, § 1.

§ 143. Paris green, arsenate of lead, sulphur, lime sulphides, miscible combinations of mineral and vegetable oils, sulphate of copper, Bordeaux mixture, or any insecticide or fungicide or essential ingredient thereof to be analyzed. The commissioner of agriculture shall cause to have taken samples of the different brands of paris green, arsenate of lead, sulphur, lime sulphides, miscible combinations of mineral and vegetable oils, sulphate of copper, Bordeaux mixture, or any insecticide or fungicide or essential ingredient thereof, and submit same to the director of the New York state agricultural experiment station, who shall analyze or cause to be analyzed such samples so delivered to him, and shall report the result of the analysis forthwith to the commissioner of agriculture.

Formerly L. 1893, ch. 338, § 113, as added by L. 1898, ch. 113, § 1, and am'd by L. 1908, ch. 279, § 1.

§ 144. Definitions. The term "insecticide" as used in this article shall include all substances or mixtures of sub

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