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.