Section 1. No person shall, within this State, manufacture, have, offer for sale, or sell any article of food or drugs which is adulterated within the meaning of this Act, and any person violating this provision shall be deemed guilty of a misdemeanour, and upon conviction thereof, shall be punished by fine not exceeding fifty dollars for the first offence, and not exceeding one hundred dollars for each subsequent offence.

2. The term “food,” as used in this Act, shall include every article used for food or drink by man. The term “drug,” as used in this Act, shall include all medicines for internal and external use.

3. An article shall be deemed to be adulterated within the meaning of this Act:—

Section 1. The title of chapter four hundred and seven of the laws of eighteen hundred and eighty-one, entitled “An Act to prevent the adulteration of food and drugs,” is hereby amended to read as follows: “An Act to prevent the adulteration of food, drugs and spirituous, fermented or malt liquors in the State of New York.”

2. Section one of chapter four hundred and seven of the laws of eighteen hundred and eighty-one is amended to read as follows:—

1. No person shall within this State manufacture, brew, distil, have, offer for sale or sell any articles of food, drugs, spirituous, fermented or malt liquors which are adulterated within the meaning of this Act, and any person violating this provision shall be deemed guilty of a misdemeanour, and upon conviction thereof, shall be punished by fine not exceeding fifty dollars for the first offence, and not exceeding one hundred dollars or imprisonment for one year, or both, for each subsequent offence, and shall in addition thereto be liable to a penalty of one hundred dollars for each and every offence, to be sued for and recovered in the name of the people of the State of New York on complaint of any citizen, one-half of such recovery to be paid to the prosecutor of the action and the balance shall be paid to the county where such recovery shall be obtained for the support of the poor.

3. Section two is hereby amended to read as follows:—

2. The term food as used in this Act shall include every article of food or drink by man, including teas, coffees, and spirituous, fermented and malt liquors. The term drug as used in this Act shall include all medicines for internal or external use.

4. Section three is hereby amended by adding after subdivision seven the following: C. In the case of spirituous, fermented and malt liquors, if it contain any substance or ingredient not normal or healthful to exist in spirituous, fermented or malt liquors, or which may be deleterious or detrimental to health when such liquors are used as a beverage.

5. Section five is hereby amended to read as follows:—

5. The State Board of Health shall take cognisance of the interests of the public health as it relates to the sale of food, drugs, spirituous, fermented and malt liquors, and the adulteration thereof, and make all necessary inquiries relating thereto. It shall have the supervision of the appointment of public analysts and chemists, and upon its recommendation, whenever it shall deem any such officers incompetent, the appointment of any and every such officer shall be revoked and be held to be void and of no effect. Within thirty days after the passage of this Act, and from time to time thereafter as it may deem expedient, the said Board of Health shall meet and adopt such measures, not provided for by this Act, as may seem necessary to facilitate the enforcement of this Act, and for the purpose of making an examination or analysis of spirituous, fermented or malt liquors sold or exposed for sale in any store or place of business not herein otherwise provided for, and prepare rules and regulations with regard to the proper methods of collecting and examining articles of food, drugs, spirituous, fermented or malt liquors, and for the appointment of the necessary inspectors and analysts. The said Board shall at least once in the calendar year cause samples to be procured in public market or otherwise, of the spirituous, fermented or malt liquors distilled, brewed, manufactured or offered for sale in each and every brewery or distillery located in this State, and a test, sample or analysis thereof to be made by a chemist or analyst duly appointed by said Board of Health. The samples shall be kept in vessels and in a condition necessary and adequate to obtain a proper test and analysis of the liquors contained therein. The vessels containing such samples shall be properly labelled and numbered by the secretary of said Board of Health, who shall also prepare and keep an accurate and proper list of the names of the distillers, brewers or vendors, and opposite each name shall appear the number which is written or printed upon the label attached to the vessel containing the sample of the liquor manufactured, brewed, distilled or sold. Such lists, numbers and labels shall be exclusively for the information of the said Board of Health, and shall not be disclosed or published unless upon discovery of some deleterious substance prior to the completion of the analysis, except when required in evidence in a court of justice. The samples when listed and numbered shall be delivered to the chemist, analyst or other officer of said Board of Health, and shall be designated and known to such chemist, analyst or officer only by its number, and by no other mark or designation. The result of the analysis or investigation shall thereupon, and within a convenient time, be reported by the officer conducting the same to the secretary of said State Board of Health, setting forth explicitly the nature of any deleterious substance, compound or adulteration which may be detrimental to public health and which has been found upon analysis in such samples, and stating the number of the samples in which said substance was found. Upon such examination or analysis the brewer, distiller or vendor in whose sample of spirituous, fermented or malt liquor such deleterious substances, compounds or adulterations shall be found, shall be deemed to have violated the provisions of this Act, and shall be punishable as prescribed in section seven of this Act.

6. Section six of said chapter four hundred and seven of the laws of eighteen hundred and eighty-one is hereby amended to read as follows:—

6. Every person selling, offering, exposing for sale or manufacturing, brewing or distilling any article of food, spirituous, malt or fermented liquors, or delivering any such articles to purchasers, shall be bound to serve or supply any public analyst or other agent of the State or local Board of Health appointed under this Act, who shall apply to him for that purpose, and upon his tendering the value of the same, with a sample sufficient for the purpose of analysis of any article which is included in this Act, and which is in possession of the person selling, manufacturing, brewing or distilling the same, and any person who shall refuse to serve or supply such sample of any article as prescribed herein, or any person who shall impede, obstruct, hinder or otherwise prevent any analyst, inspector or prosecuting officer in the performance of his duty shall be deemed to have violated the provisions of this Act, and shall be punishable as prescribed by section seven of this Act.

7. Section seven of said chapter four hundred and seven of the laws of eighteen hundred and eighty-one is hereby amended to read as follows:—

7. Upon discovering that any person has violated any of the provisions of this Act, the State Board of Health shall immediately communicate the facts to the district attorney of the county in which the person accused of such violation resides or carries on business, and the said district attorney, upon receiving such communication or notification, shall forthwith commence proceeding for indictment and trial of the accused as prescribed by law in cases of misdemeanour.

8. The State Board of Health shall be authorised to expend, in addition to the sums already appropriated for said board, an amount not exceeding three thousand dollars, for the purpose of carrying out the provisions of this Act, in relation to spirituous, fermented or malt liquors. And the sum of three thousand dollars is hereby appropriated out of any moneys in the treasury not otherwise appropriated and expended for the purposes of this Act.

9. This Act shall take effect immediately.

Special Act to prevent deception in the sale of dairy products, and to preserve the public health, being supplementary to and in aid of chapter two hundred and two of the laws of eighteen hundred and eighty-four, entitled “An act to prevent deception in sales of dairy products.”

The People of the State of New York, represented in Senate and Assembly, do enact as follows:—

Section 1. No person or persons shall sell or exchange, or expose for sale or exchange, any unclean, impure, unhealthy, adulterated or unwholesome milk, or shall offer for sale any article of food made from the same, or of cream from the same. The provisions of this section shall not apply to skim milk sold to bakers or housewives for their own use or manufacture, upon written orders for the same, nor to skim milk sold for use in the county in which it is produced. This provision shall not apply to pure skim cheese made from milk which is clean, pure, healthy, wholesome and unadulterated, except by skimming. Whoever violates the provisions of this section is guilty of a misdemeanour, and shall be punished by a fine of not less than twenty-five dollars, nor more than two hundred dollars, or by imprisonment of not less than one month or more than six months, or both such fine and imprisonment for the first offence, and by six months’ imprisonment for each subsequent offence.

2. No person shall keep cows for the production of milk for market, or for sale or exchange, or for manufacturing the same, or cream from the same, into articles of food, in a crowded or unhealthy, condition, or feed the cows on food that is unhealthy, or that produces impure, unhealthy, diseased or unwholesome milk. No person shall manufacture from impure, unhealthy, diseased or unwholesome milk, or of cream from the same, any article of food. Whoever violates the provisions of this section is guilty of a misdemeanour and shall be punished by a fine of not less than twenty-five dollars, nor more than two hundred dollars, or by imprisonment of not less than one month or more than four months, or by both such fine and imprisonment for the first offence, and by four months’ imprisonment for each subsequent offence.

3. No person or persons shall sell, supply or bring to be manufactured to any butter or cheese manufactory, any milk diluted with water or any unclean, impure, unhealthy, adulterated or unwholesome milk, or milk from which any cream has been taken (except pure skim milk to skim cheese factories), or shall keep back any part of the milk commonly known as “strippings,” or shall bring or supply milk to any butter or cheese manufactory that is sour (except pure skim milk to skim cheese factories). No butter or cheese manufactories, except those who buy all the milk they use, shall use for their own benefit, or allow any of their employÉs or any other person to use for their own benefit, any milk, or cream from the milk, or the product thereof, brought to said manufactories without the consent of the owners thereof. Every butter or cheese manufacturer, except those who buy all the milk they use, shall keep a correct account of all the milk daily received, and 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 manufacturer. Whoever violates the provisions of this section shall be guilty of a misdemeanour, and shall be punished for each offence by a fine of not less than twenty-five dollars, or more than two hundred dollars, or not less than one month or more than six months’ imprisonment, or both such fine and imprisonment.

4. No manufacturer of vessels for the package of butter shall sell or dispose of any such vessels without branding his name and the true weight of the vessel or vessels on the same, with legible letters or figures not less than one-fourth of an inch in length. Whoever violates the provisions of this section is guilty of a misdemeanour, and shall be punished for each offence by a fine of not less than fifty dollars, nor more than one hundred dollars, or by imprisonment of not less than thirty days or more than sixty days, or by both such fine and imprisonment.

5. No person shall sell, or offer or expose for sale, any milk except in the county from which the same is 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, 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 marks 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 can only be sold in, or retailed out of a can, vessel, package or carriage so marked. Whoever violates the provisions of this section shall be guilty of a misdemeanour, and shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars, or not less than two months’ or more than four months’ imprisonment, or both such fine and imprisonment, for the first offence, and by four months’ imprisonment for each subsequent offence.

6. No person shall manufacture out of any oleaginous substance or substances, or any compound of the same, other than that produced from unadulterated milk, or of cream from the same, any article designed to take the place of butter or cheese produced from pure unadulterated milk or cream of the same, or shall sell, or offer for sale, the same as an article of food. This provision shall not apply to pure skim-milk cheese made from pure skim milk. Whoever violates the provisions of this section shall be guilty of a misdemeanour, and be punished by a fine of not less than two hundred dollars nor more than five hundred dollars, or not less than six months or more than one year’s imprisonment, or both such fine and imprisonment for the first offence, and by imprisonment for one year for each subsequent offence.

7. No person by himself or his agents or servants shall render or manufacture out of any animal fat or animal or vegetable oils not produced from unadulterated milk or cream from the same, any article or product in imitation or semblance of or designed to take the place of natural butter or cheese produced from pure unadulterated milk or cream of the same, nor shall he or they mix, compound with, or add to milk, cream or butter any acids or other deleterious substance or any animal fats or animal or vegetable oils not produced from milk or cream, with design or intent to render, make or produce any article or substance or any human food in imitation or semblance of natural butter or cheese, nor shall he sell, keep for sale, or offer for sale any article, substance or compound made, manufactured or produced in violation of the provisions of this section, whether such article, substance or compound shall be made or produced in this State or in any other State or country. Whoever violates the provisions of this section shall be guilty of a misdemeanour and be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or not less than six months’ or more than one year’s imprisonment for the first offence, and by imprisonment for one year for each subsequent offence. Nothing in this section shall impair the provisions of section six of this Act.

8. No person shall manufacture, mix or compound with or add to natural milk, cream or butter any animal fats or animal or vegetable oils, nor shall he make or manufacture any oleaginous substance not produced from milk or cream, with intent to sell the same for butter or cheese made from unadulterated milk or cream, or have the same in his possession, or offer the same for sale with such intent, nor shall any article or substance or compound so made or produced, be sold for butter or cheese, the product of the dairy. If any person shall coat, powder or colour with annatto or any colouring matter whatever, butterine or oleomargarine, or any compounds of the same, or any product or manufacture made in whole or in part from animal fats or animal or vegetable oils not produced from unadulterated milk or cream, whereby the said product, manufacture or compound shall be made to resemble butter or cheese, the product of the dairy, or shall have the same in his possession, or shall sell or offer for sale or have in his possession any of the said products which shall be coloured or coated in semblance of or to resemble butter or cheese, it shall be conclusive evidence of an intent to sell the same for butter or cheese, the product of the dairy. Whoever violates any of the provisions of this section shall be guilty of a misdemeanour, and be punished by a fine of not less than two hundred dollars nor more than one thousand dollars. This section shall not be construed to impair or affect the prohibitions of sections six and seven of this Act.

9. 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 any person using this brand upon any cheese made from which any cream whatever has been taken shall be guilty of a misdemeanour, and shall be punished for each offence by a fine of not less than one hundred dollars nor more than five hundred dollars.

10. No person shall offer, sell or expose for sale in full packages, butter or cheese branded or labelled with a false brand or label as to county or state in which the article is made. Whoever violates the provisions of this section is guilty of a misdemeanour, and shall be punished by a fine of not less than twenty-five dollars or more than fifty dollars, or imprisonment of not less than fifteen days or more than thirty days for the first offence, and fifty dollars or thirty days’ imprisonment for each subsequent offence.

11. No person shall manufacture, sell or offer for sale any condensed milk, unless the same shall be put up in packages upon which shall be distinctly labelled or stamped the name, or brand, by whom or under which the same is made. No condensed milk shall be made or offered for sale unless the same is manufactured from pure, clean, healthy, fresh, unadulterated and wholesome milk, from which the cream has not been removed, or unless the proportion of milk solids contained in the condensed milk shall be in amount the equivalent of twelve per centum of milk solids in crude milk, and of such solids twenty-five per centum shall be fat. 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 county or counties from which the same was produced, and the name of the vendor. Whoever violates the provisions of this section shall be guilty of a misdemeanour, and be punished by a fine of not less than fifty dollars or more than five hundred dollars, or by imprisonment of not more than six months, or by both such fine and imprisonment for the first offence, and by six months’ imprisonment for each subsequent offence.

12. Upon the expiration of the term of office of the present commissioner, the Governor, by and with the advice and consent of the Senate, shall appoint a commissioner, who shall be known as the New York State Dairy Commissioner, who shall be a citizen of this State, and who shall hold his office for the term of two years, or until his successor is appointed, and shall receive a salary of three thousand dollars per annum, and his necessary expenses incurred in the discharge of his official duties under this Act. Said commissioner shall be charged, under the direction of the Governor, with the enforcement of the various provisions thereof, and with all laws prohibiting or regulating the adulteration of butter, cheese, or milk. The said commissioner is hereby authorised and empowered to appoint such assistant commissioners and to employ such experts, chemists, agents, and such counsel as may be deemed by him necessary for the proper enforcement of this law, their compensation to be fixed by the commissioner. The said commissioner is also authorised to employ a clerk at an annual salary not to exceed twelve hundred dollars. The sum of fifty thousand dollars is hereby appropriated, to be paid for such purpose out of any moneys in the Treasury not otherwise appropriated. All charges, accounts and expenses authorised by this Act shall be paid by the Treasurer of the State upon the warrant of the comptroller, after such expenses have been audited and allowed by the comptroller. The entire expenses of said commissioner shall not exceed the sum appropriated for the purposes of this Act. The said commissioner shall make annual reports to the legislature, on or before the fifteenth day of January of each year, of his work and proceedings, and shall report in detail the number of assistant commissioners, experts, chemists, agents, and counsel he has employed, with their expenses and disbursements. The said commissioner shall have a room in the new capitol, to be set apart for his use by the capitol commissioner. The said commissioner and assistant commissioners and such experts, chemists, agents, and counsel as they shall duly authorise for the purpose, shall have full access, egress, and ingress to all places of business, factories, farms, buildings, carriages, vessels, and cans used in the manufacture and sale of any dairy products or any imitation thereof. They shall also have power and authority to open any package, can, or vessel containing such articles which may be manufactured, sold, or exposed for sale, in violation of the provisions of this Act, and may inspect the contents therein and may take therefrom samples for analysis. This section shall not affect the tenure of the office of the present commissioner.

13. Upon the application for a warrant under this Act, the certificate of the analyst or chemist of any analysis made by him shall be sufficient evidence of the facts therein stated. Every such certificate shall be duly signed and acknowledged by such analyst or chemist before an officer authorised to take acknowledgments of conveyances of real estate.

14. Courts of special sessions shall have jurisdiction of all cases arising under this Act, and their jurisdiction is hereby extended so as to enable them to enforce the penalties imposed by any or all sections thereof.

15. In all prosecutions under this Act, one-half of the money shall be paid by the court or clerk thereof to the city or county where the recovery shall be had, for the support of the poor, except in the city and county of New York shall be equally divided between the pension funds of the police and fire departments, and the residue shall be paid to the Dairy Commissioner, who shall account therefor to the Treasury of the State, and be added to any appropriation made to carry out the provisions of this Act. All sums of money expended by the Dairy Commissioner under the provisions of this Act shall be audited and allowed by the Comptroller of the State. Any bond given by any officer shall be subject to the provisions of this section.

16. In all prosecutions under this Act relating to the sale and manufacture of unclean, impure, unhealthy, adulterated, or unwholesome milk, if the milk be shown to contain more than eighty-eight per centum of water or fluids, or less than twelve per centum of milk solids, which shall contain not less than three per centum of fat, it shall be declared adulterated, and milk drawn from cows within fifteen days before, and five days after, parturition, or from animals fed on distillery waste, or any substance in the state of putrefaction or fermentation, or upon any unhealthy food whatever, shall be declared unclean, unhealthy, impure and unwholesome milk. This section shall not prevent the feeding of ensilage from silos.

17. The doing of any thing prohibited being done, and the not doing of any thing directed to be done in this Act, shall be presumptive evidence of a wilful intent to violate the different sections and provisions thereof. If any person shall suffer any violation of the provisions of this Act by his agent, servant, or in any room or building occupied or controlled by him, he shall be deemed a principal in such violation and punished accordingly.

18. Chapters four hundred and sixty-seven of the laws of eighteen hundred and sixty-two, five hundred and forty-four, and five hundred and eighteen of the laws of eighteen hundred and sixty-four, five hundred and fifty-nine of the laws of eighteen hundred and sixty-five, four hundred and fifteen of the laws of eighteen hundred and seventy-seven, two hundred and twenty, and two hundred and thirty-seven of the laws of eighteen hundred and seventy-eight, four hundred and thirty-nine of the laws of eighteen hundred and eighty, and two hundred and fourteen of the laws of eighteen hundred and eighty-two, are hereby repealed.

19. If any person shall, by himself or other, violate any of the provisions of sections one, two, three, four or five of this Act, or knowingly suffer a violation thereof by his agent, or in any building or room occupied by him, he shall, in addition to the fines and punishments therein described for each offence, forfeit and pay a fixed penalty of one hundred dollars. If any person, by himself or another, shall violate any of the provisions of sections six, seven, or eight of this Act, he shall, in addition to the fines and penalties herein prescribed for each offence, forfeit and pay a fixed penalty of five hundred dollars. Such penalties shall be recovered with costs in any court of this State having jurisdiction thereof in an action to be prosecuted by the Dairy Commissioner, or any of his assistants in the name of the people of the State of New York.

20. This Act and each section thereof is 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 or use of the articles or substances herein regulated or prohibited.

21. This Act shall take effect immediately. Sections six and seven shall not apply to any product manufactured, or in process of manufacture at the time of the passage of this Act; but neither this exemption nor this Act shall impair the power to prosecute any violations heretofore committed of section six of the Act of which this Act is supplemental.

An Act to amend chapter two hundred and two of the laws of eighteen hundred and eighty-four, entitled “An Act to prevent deception in sales of dairy products.”

The people of the State of New York, represented in Senate and Assembly, do enact as follows:—

Section 1. Section seven of chapter two hundred and two of the laws of eighteen hundred and eighty-four, entitled “An Act to prevent deception in sales of dairy products,” is hereby amended to read as follows:—

7. No person shall offer, sell, or expose for sale butter or cheese branded or labelled with a false brand or label as to the quality of the article, or the county or State in which the article is made. The New York State Dairy Commissioner is hereby authorised and directed to procure and issue to the cheese manufactories of the State, upon 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 brand issued shall be used upon the outside of the cheese and also upon the package containing the same, and shall bear a different number for each separate manufactory, and the commissioner shall keep a book in which shall be registered the name, location and number of each manufactory using the said brand, and the name or names of the persons at each manufactory authorised to use the same. It shall be unlawful to use or permit such stencil brand to be used upon any other than full cream cheese or packages containing the same. Whoever violates the provisions of this section is guilty of a misdemeanour, and for each and every cheese or package so falsely branded shall be punished by a fine of not less than twenty-five dollars or more than fifty dollars, or imprisonment of not less than fifteen or more than thirty days.

2. This Act shall take effect immediately.

An Act to protect butter and cheese manufacturers.

(Passed June 8, 1885, three-fifths being present.)

The people of the State of New York, represented in Senate and Assembly, do enact as follows:—

Section 1. Whoever shall with intent to defraud, sell, supply, or bring to be manufactured to any butter or cheese manufactory in this State, any milk diluted with water, or in any way adulterated, unclean or impure, or milk from which any cream has been taken, or milk commonly known as skimmed milk, or whoever shall keep back any part of the milk as strippings, or whoever shall knowingly bring or supply milk to any butter or cheese manufactory that is tainted or sour, or whoever shall knowingly bring or supply to any butter or cheese manufactory, milk drawn from cows within fifteen days before parturition, or within three days after parturition, or any butter or cheese manufacturers who shall knowingly use or allow any of his or her employÉs or any other person to use for his or her benefit, or for their own individual benefit, any milk or cream from the milk brought to said butter or cheese manufacturer, without the consent of all the owners thereof, or any butter or cheese manufacturer who shall refuse or neglect to keep or cause to be kept a correct account, open to the inspection of any one furnishing milk to such manufacturer, of the amount of milk daily received, or of the number of pounds of butter and the number of cheeses made each day, or of the number cut or otherwise disposed of, and the weight of each, shall for each and every offence forfeit and pay a sum not less than twenty-five dollars nor more than one hundred dollars, with costs of suit, to be sued for in any court of competent jurisdiction for the benefit of the person or persons, firm or association, or corporation or their assigns upon whom such fraud or neglect shall be committed. But nothing in this Act shall affect, impair, or repeal any of the provisions of chapter two hundred and two of the laws of eighteen hundred and eighty-four, or of the acts amendatory thereof or supplementary thereto.

2. This Act shall take effect immediately.

Special Act in relation to the manufacture and sale of vinegar.

(Passed June 9, 1886.)

The People of the State of New York, represented in Senate and Assembly, do enact as follows:—

Section 1. Every person who manufactures for sale, or offers or exposes for sale as cider vinegar, any vinegar not the legitimate product of pure apple juice, known as apple cider, or vinegar not made exclusively of said apple cider, or vinegar into which foreign substances, drugs or acids have been introduced, as may appear by proper test, shall for each offence be punishable by a fine of not less than fifty, nor more than one hundred dollars.

2. Every person who manufactures for sale, or offers for sale, any vinegar found upon proper tests to contain any preparation of lead, copper, sulphuric acid, or other ingredient injurious to health, shall for each such offence be punishable by fine of not less than one hundred dollars.

3. The mayor of cities shall, and the supervisor of towns may, annually, appoint one or more persons to be inspectors of vinegar, who shall be sworn before entering upon their duties, and who shall have power and authority to inspect and examine all vinegar offered for sale.

4. No person shall by himself, his servant or agent, or as the servant or agent of any other person, sell, exchange, deliver, or have in his custody or possession, with intent to sell or exchange, or expose or offer for sale or exchange any adulterated vinegar, or label, brand or sell as cider vinegar, or as apple vinegar, any vinegar not the legitimate product of pure apple juice, or not made exclusively from apple cider.

5. All vinegars shall be without artificial colouring matter, and shall have an acidity equivalent to the presence of not less than four and one-half per cent., by weight, of absolute acetic acid, and in the case of cider vinegar, shall contain in addition not less than two per cent. by weight of cider vinegar solids upon full evaporation over boiling water; and if any vinegar contains any artificial colouring matter or less than the above amount of acidity, or in the case of cider vinegar, if it contains less than the above amount of acidity or of cider vinegar solids, it shall be deemed to be adulterated within the meaning of this Act.

6. Every person making or manufacturing cider vinegar shall brand on each head of the cask, barrel or keg containing such vinegar the name and residence of the manufacturer, the date when same was manufactured, and the words cider vinegar.

7. Whoever violates any of the provisions of this Act shall be punished by a fine not exceeding one hundred dollars. Any person who may have suffered any injury or damage by reason of the violation of any of the provisions of this Act, may maintain an action in his own name against any person violating any of the provisions of this Act, to recover the penalties provided for such violation, and one-half of the sum recovered shall be retained by him for his own use and the other half shall be paid into the city or county treasury where such offence was committed for the benefit of such city or county.

8. This Act shall take effect immediately.

1. The mayor and aldermen of cities shall, and the selectmen of towns may, annually appoint one or more persons to be inspectors of milk for their respective places, who shall be sworn before entering upon the duties of their office. Each inspector shall publish a notice of his appointment for two weeks in a newspaper published in his city or town, or if no newspaper is published therein, he shall post up such notice in two or more public places in such city or town.

2. Such inspectors shall keep an office, and shall record in books kept for the purpose the names and place of business of all persons engaged in the sale of milk within their city or town. Said inspectors may enter all places where milk is stored or kept for sale, and all persons engaged in the sale of milk shall, on the request in writing of an inspector, deliver to the person having the request a sample or specimen sufficient for the purpose of analysis of the milk then in his possession from such can or receptacle as shall be designated by the inspector or the person bearing the request. Said inspector shall cause the sample or specimen of milk so delivered to be analysed or otherwise satisfactorily tested, the results of which analysis or test they shall record and preserve as evidence. The inspectors shall receive such compensation as the mayor and alderman or selectmen may determine.

3. In all cities, and in all towns in which there is an inspector of milk, every person who conveys milk in carriages or otherwise for the purpose of selling the same in such city or town shall annually, on the first day of May, or within thirty days thereafter, be licensed by the inspector or inspectors of milk of such city or town to sell milk within the limits thereof, and shall pay to such inspector or inspectors fifty cents each to the use of the city or town. The inspector or inspectors shall pay over monthly to the treasurer of such city or town all sums collected by him or them. Licenses shall be issued only in the names of the owners of carriages or other vehicles, and shall for the purposes of this chapter be conclusive evidence of ownership. No license shall be sold, assigned, or transferred. Each license shall record the name, residence, place of business, number of carriages or other vehicles used, name and residence of every driver or other person engaged in carrying or selling said milk, and the number of the license. Each licensee shall before engaging in the sale of milk, cause his name, the number of his license, and his place of business, to be legibly placed on each outer side of all carriages or vehicles used by him in the conveyance and sale of milk, and he shall report to the inspector or inspectors any change of driver or other person employed by him which may occur during the term of his license. Whoever, without being first licensed under the provisions of this section, sells milk or exposes it for sale from carriages or other vehicles, or has it in his custody or possession with intent so to sell, and whoever violates any of the provisions of this section, shall for a first offence be punished by fine of not less than thirty nor more than one hundred dollars; for a second offence by fine of not less than fifty nor more than three hundred dollars; and for a subsequent offence by fine of fifty dollars and by imprisonment in the house of correction for not less than thirty nor more than sixty days.

4. Every person before selling milk or offering it for sale in a store, booth, stand, or market-place in a city or in a town in which an inspector or inspectors of milk are appointed, shall register in the books of such inspector or inspectors, and shall pay to him or them fifty cents to the use of such city or town; and whoever neglects so to register shall be punished for each offence by fine not exceeding twenty dollars.

5. Whoever by himself or by his servant or agent, or as the servant or agent of any other person, sells, exchanges, or delivers, or has in his custody or possession with intent to sell or exchange, or exposes or offers for sale or exchange, adulterated milk, or milk to which water or any foreign substance has been added, or milk produced from cows fed on the refuse of distilleries or from sick or diseased cows, shall for a first offence be punished by fine of not less than fifty nor more than two hundred dollars; for a second offence by fine of not less than one hundred nor more than three hundred dollars, or by imprisonment in the house of correction for not less than thirty nor more than sixty days; and for a subsequent offence by fine of fifty dollars and by imprisonment in the house of correction for not less than sixty nor more than ninety days.

6. Whoever by himself or by his servant or as the servant or agent of any other person, sells, exchanges, or delivers, or has in his custody or possession with intent to sell or exchange, or exposes or offers for sale as pure milk, any milk from which the cream or a part thereof has been removed, shall be punished by the penalties provided in the preceding section.

7. No dealer in milk, and no servant or agent of such a dealer, shall sell, exchange, or deliver, or have in his custody or possession, with intent to sell, exchange, or deliver, milk from which the cream or any part thereof has been removed, unless in a conspicuous place above the centre upon the outside of every vessel, can, or package from or in which such milk is sold, the words “skimmed milk” are distinctly marked in letters not less than one inch in length. Whoever violates the provisions of this section shall be punished by the penalties provided by section 5.

8. Any inspector of milk, and any servant or agent of an inspector who wilfully connives at or assists in a violation of the provisions of this chapter, and whoever hinders, obstructs, or in any way interferes with any inspector of milk, or any servant or agent of an inspector in the performance of his duty, shall be punished by fine of not less than one hundred nor more than three hundred dollars, or by imprisonment for not less than thirty nor more than sixty days.

9. In all prosecutions under this chapter, if the milk is shown upon analysis to contain more than eighty-seven per cent. of watery fluid, or to contain less than thirteen per cent. of milk solids, it shall be deemed for the purposes of this chapter to be adulterated.

10. It shall be the duty of every inspector to institute a complaint for a violation of any of the provisions of this chapter on the information of any person who lays before him satisfactory evidence by which to sustain such complaint.

11. Each inspector shall cause the name and place of business of every person convicted of selling adulterated milk, or of having the same in his possession with intent to sell, to be published in two newspapers in the county in which the offence was committed.

12. When milk is sold by the can, such can shall hold eight quarts, and no more.

13. Whoever, by himself or his agents, sells, exposes for sale, or has in his possession with intent to sell, any article, substance or compound, made in imitation or semblance of butter, or as a substitute for butter, and not made exclusively and wholly of milk or cream, or containing any fats, oils or grease not produced from milk or cream, shall have the words “imitation butter,” or “oleomargarine,” stamped, labelled or marked, in printed letters of plain Roman type, not less than one inch in length, so that said word cannot be easily defaced, upon the top and side of every tub, firkin, box or package containing any of said article, substance, or compound. And in cases of retail sales of any of said article, substance or compound, not in the original packages, the seller shall, by himself or his agents, attach to each package so sold, and shall deliver therewith to the purchaser, a label or wrapper bearing in a conspicuous place upon the outside of the package the words “imitation butter” or “oleomargarine” in printed letters of plain Roman type, not less than one half inch in length.

14. Whoever, by himself or his agents, sells, exposes for sale, or has in his possession with intent to sell, any article, substance, or compound, made in imitation or semblance of cheese, or as a substitute for cheese, and not made exclusively and wholly of milk or cream, or containing any fats, oils or grease not produced from milk or cream, shall have the words “imitation cheese” stamped, labelled, or marked in printed letters of plain Roman type not less than one inch in length, so that said words cannot be easily defaced, upon the side of every cheese cloth or band around the same, and upon the top and side of every tub, firkin, box, or package containing any of said article, substance or compound. And in case of retail sales of any of said article, substance or compound not in the original packages, the seller shall, by himself or his agents, attach to each package so sold at retail, and shall deliver therewith to the purchaser a label or wrapper bearing in a conspicuous place upon the outside of the package the words “imitation cheese,” in printed letters of plain Roman type not less than one half inch in length.

15. Whoever sells, exposes for sale, or has in his possession with intent to sell, any article, substance, or compound made in imitation or semblance of butter, or as a substitute for butter, except as provided in section one; whoever sells, exposes for sale, or has in his possession with intent to sell, any article, substance, or compound made in imitation or semblance of cheese, or as a substitute for cheese, except as provided in section two, and whoever shall deface, erase, cancel, or remove any mark, stamp, brand, label, or wrapper provided for by this Act, or change the contents of any box, tub, article, and package marked, stamped, or labelled as aforesaid, with intent to deceive as to the contents of said box, tub, article, or package, shall for every such offence forfeit and pay a fine of one hundred dollars, and for a second and each subsequent offence a fine of two hundred dollars, to be recovered with costs in any court of this commonwealth of competent jurisdiction; and any fine paid shall go to the city or town where the offence was committed.

16. Inspectors of milk shall institute complaints for violations of the provisions of the three preceding sections when they have reasonable cause to believe that such provisions have been violated, and on the information of any person who lays before them satisfactory evidence by which to sustain such complaint. Said inspectors may enter all places where butter or cheese is stored or kept for sale, and said inspectors shall also take specimens of suspected butter and cheese and cause them to be analysed or otherwise satisfactorily tested, the result of which analysis or test they shall record and preserve as evidence; and a certificate of such result, sworn to by the analyser, shall be admitted in evidence in all prosecutions under this and the three preceding sections. The expense of such analysis or test, not exceeding twenty dollars in any one case, may be included in the costs of such prosecutions. Whoever hinders, obstructs, or in any way interferes with any inspector, or any agent of an inspector, in the performance of his duty, shall be punished by a fine of fifty dollars for the first offence, and of one hundred dollars for each subsequent offence.

17. For the purposes of the four preceding sections the terms “butter” and “cheese” shall mean the products which are usually known by these names, and are manufactured exclusively from milk or cream, with salt and rennet, and with or without colouring matter.

18. Before commencing the analysis of any sample the person making the same shall reserve a portion which shall be sealed; and in case of a complaint against any person the reserved portion of the sample alleged to be adulterated shall upon application be delivered to the defendant or his attorney.

OF THE SALE OF CHOCOLATE.

28. No manufacturer of chocolate shall make any cake of chocolate except in pans in which are stamped the first letter of his Christian name, the whole of his surname, the name of the town where he resides, and the quality of the chocolate in figures, No. 1, No. 2, No. 3, as the case may be, and the letters Mass.

29. Number one shall be made of cocoa of the first quality, and number two of cocoa of the second quality, and both shall be free from adulteration; number three may be made of the inferior kinds and qualities of cocoa. Each box containing chocolate shall be branded on the end thereof with the word chocolate, the name of the manufacturer, the name of the town where it was manufactured, and the quality, as described and directed in the preceding section for the pans.

30. If chocolate manufactured in this commonwealth is offered for sale or found within the same, not being of one of the qualities described in the two preceding sections and marked as therein directed, the same may be seized and libelled.

OF THE ADULTERATION OF VINEGAR.

31. Every person who manufactures for sale or offers or exposes for sale as cider vinegar, any vinegar not the legitimate product of pure apple juice, known as apple cider or vinegar, not made exclusively of said apple cider or vinegar, into which any foreign substances, ingredients, drugs or acids have been introduced, as may appear by proper tests, shall for each such offence be punished by fine of not less than fifty nor more than one hundred dollars.

32. Every person who manufactures for sale, or offers or exposes for sale, any vinegar found upon proper tests to contain any preparation of lead, copper, sulphuric acid, or other ingredients injurious to health, shall for each such offence be punished by fine of not less than one hundred dollars.

33. The mayor and aldermen of cities shall, and the selectmen of towns may, annually appoint one or more persons to be inspectors of vinegar for their respective places, who shall be sworn before entering upon their duties.

34. Any city or town in which an inspector shall be appointed under the preceding section, may provide compensation for such inspector from the time of such appointment, and in default of such provision shall be liable in an action at law for reasonable compensation for services performed under such appointment.