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of eighteen hundred and eighty, and two hundred and fourteen of the laws of eighteen hundred and eighty-two, are hereby repealed.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.”
(Passed April 30, 1885).
The people of the State of New York, represented in Senate and Assembly, do enact as follows:—