Food Adulteration and Its Detection / With photomicrographic plates and a bibliographical appendix

by Jesse P. Battershall

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.