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.”
(Passed April 30, 1885).
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.