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required, and costs ofistice. If the plainin the complaint,
the plaintiff shall be required, and costs of the application may be granted or refused in the discretion of the court or justice. If the plaintiff shall recover judgment in the action for any penalty or forfeiture demanded in the complaint, the judgment shall contain a permanent injunction, restraining the defendant, his agents and employes, from any further violation of such provision of this chapter. Any injunction, order or judgment obtained under this section may be served on the defendant by posting the same upon the outer door of the defendant's usual place of business, or where such violation was or may be committed, or in the manner required by the code of civil procedure, and the rules and practice of the court. Personal service of the injunction shall not be necessary when such service can not be secured with reasonable diligence, but the service herein provided shall be deemed sufficient in any proceeding for the violation of such injunction. Id., § 10. Note.- Revised from L. 1885, c. 183, § 19; L. 1886, c. 577, § 5, and L. 1887, c. 583, § 2.
(See Birdseye's R. S., 1st ed., p. 808.) Under former law only injunction could be served by posting, etc. This section broadened to include order or judgment ; otherwise sub
stantially like former law.] 114 N. Y. 56; 63 Hun, 583; 81 id. 137; 23 Abb. N. C. 108; 44 N. Y. St. R. 822; 62 id. 699. Note.— The following is expressly excepted from repeal under & 101, post.
10a Actions for penalties preferred on calendars. An action now or hereafter brought to recover a penalty provided by section nineteen of said act chapter one hundred and eighty-three of the laws of eighteen hundred and eighty-five, shall have a preference upon the calendar of the courts of record of this state next after civil causes entitled to a preference under the provisions of subdivision one of section seven hundred and ninety-one* of the code of civil procedure, where the attorney for the people therein has given notice, at the time of the service of notice of trial or argument, of a particular day in a term on which he will move it. If the action is not moved by him for trial or argument on that day, or as soon thereafter in the same term as the court can hear it the other party may then move the trial or argument, otherwise it shall not be moved out of its order at that term except by the special order of the court. The note of issue filed by such attorney for the people shall state the day in the term on which he has given notice that he will move it, and the clerk of the court shall place such cause upon the day calendar of that day as a preferred cause as hereinbefore provided. No order for the clerk to do so shall be necessary. L. 1885, c. 183, & 24, added by L. 1886, c. 577, § 6.
11. When prosecution shall not be compelled to elect. In an action for a penalty or forfeiture incurred by reason of the violation of the provisions of this chapter, when the complaint charges a violation of any two or all of such provisions, the plaintiff shall not be compelled to elect between the counts under such different provisions but shall be entitled to recover if it is found that a violation of any one of such provisions has been committed for which a penalty or forfeiture is imposed. L. 1893, c. 338, § 11. (Note.- Revised from L. 1885. c. 183, § 23, and L. 1886, c. 577, 8 6. (See Birdseye's
R. S., 1st ed., p. 809.) Section broadened to cover all the provisions of the chapter, but provisions as to election on trials for misdemeanors, omitted.) 12 Inspection, how conducted. When the commissioner of agriculture, an assistant commissioner, or any person or officer authorized by the commissioner, or by this chapter, to examine or inspect any product manufactured or offered for sale shall, in discharge of his duties take samples of such product, he shall take duplicate samples thereof in the presence of at least one witness, and he shall in the presence of such witness seal both of such samples, and shall tender, and, if accepted, deliver at the time of taking one sample to the manufacturer or vendor of such product, or to the person having custody of the same, with a statement in writing of the cause of the taking of the sample. Id., § 12. Note- Revised from L. 1885, c. 183, & 16; and L. 1887, c. 430. (See Birdseye's R. S.,
1st ed., p. 807.) Broadened to cover all the provisions of this chapter.) 68 Hun, 34; 35 N. Y. St. R. 205.
* Preferred, etc., Causes, $ 3.
Dairy Products. $ 20. Definitions.
21. Care and Feed of Cows. 22. Prohibition of the Sale of Adulterated Milk. 23. Regulations in Regard to Butter and Cheese Factories. 24. Cans to be Branded with Name of County. 25. Regulations in Regard to Condensed Milk. 26. Manufacture and Sale of Imitation Butter Prohibited. 27. Manufacture or Mixing of Animal Fats with Milk, Cream or Butter Pro
hibited. 28. Prohibited Articles not to be Furnished for Use. 29. Use of Coloring Matter Prohibited. 30. Manufacture and Sale of Imitation Cheese Prohibited. 31. When Prohibitions do not Apply to Skim-milk or Skim-cheese. 32. Packages to be Branded with Name of Maker. 33. Manufacturer's Brand of Cheese. 34. Use of False Brand Prohibited. 35. County Trade-Marks. 36. Object and Intent of this Article. 37. Penalties.
20 Definitions. The terms, butter and cheese, when used in this article, mean, the products of the dairy, usually known by those terms, which are manufactured exclusively from pure, unadulterated milk or cream or both, with or without salt or rennet, and with or without coloring matter or sage. The terms oleomargarine, butterine, imitation butter or imitation cheese, shall be construed to mean any article or substance in the semblance of butter or cheese not the usual product of the dairy, and not made exclusively of pure and unadulterated milk or cream, or any such article or substance into which any oil, lard or fat not produced from milk or cream enters as a component part, or into which melted butter or butter in any condition or state, or any oil thereof has been introduced to take the place of cream. The term, adulterated milk, when so used, means:
1. Milk containing more than eighty-eight per centum of water or fluids.
4. Milk drawn from cows within fifteen days before and five days after parturition.
5. Milk drawn from animals fed on distillery waste or any substance in a state of fermentation or putrefaction or on any unhealthy food.
6. Milk drawn from cows kept in a crowded or unhealthy condition. 7. Milk from which any part of the cream has been removed.
8. Milk which has been diluted with water or any other fluid, or to which has been added or into which has been introduced any foreign substance whatever.
All adulterated milk shall be deemed unclean, unhealthy, impure and unwholesome. The terms, pure milk or unadulterated milk, when used singly or together mean sweet milk not adulterated, and the terms pure cream or unadulterated cream, when used singly or together mean cream taken from pure and unadulterated milk. L. 1893, c. 338, § 20. [Note.- Revised from L. 1884, c. 202, $ 13; L. 1882, c. 215, $ 4; L. 1885, c. 183, 88 16,
22. and L. 1887, c. 430 and 583. (See Birdseye's R. S., 1st ed., pp. 802, 807, 809.) Definitions of oleomargarine, butterine, imitation butter, or imitation cheese, new;
also all provisions from and including paragraph 6.] 68 Hun, 34; 35 N. Y. St. R. 205; 62 id. 700; 85 Hun, 171.
21. Care and feed of cows. No person shall keep cows, for the production of milk for market or for sale or exchange, or for manufacturing the milk or cream from the same into any article of food, in a crowded or unhealthy condition, or feed any such cows on distillery waste or on any substance in the state of putrefaction or fermentation, or upon any food that is unhealthy or that produces im
eceived, et il package shall be open to. 1865, 6,
pure, unhealthy, diseased or unwholesome milk. But this section shall not be construed to prohibit the feeding of ensilage. Id., $ 21. (Note.- Revised from L. 1885, c. 183, $$ 2, 16, and L. 1884, c. 202, 882, 13. (See
Birdseye's R. S., 1st ed., pp. 804 and 807.) Without material change.] 22 Prohibition of the sale of adulterated milk. No person shall sell or exchange, or offer or expose for sale or exchange any unclean, impure, unhealthy, adulterated or unwholesome milk or any cream from the same, or sell or exchange or offer or expose for sale or exchange any article of food made from such milk, or of or from cream from the same, or manufacture from any such milk or cream from the same, any article of food. Id., $ 22. (Note.- Revised from L. 1884, c. 202, $$ 1, 2, and L. 1885, c. 183, 88 1, 2. (See
Birdseye's R. S., 1st ed., pp. 803, 804.) Without material change.] 85 Hun, 171; 44 id. 162; 106 N, Y. 321.
23 Begulations in regard to butter and cheese factories. No person shall sell. supply or bring to be manufactured to any butter or cheese factory any milk diluted with water, or any unclean, impure, unhealthy, adulterated or unwholesome milk, or milk from which any of the cream has been taken, except pure skim milk to skim-cheese factories. No person shall sell, supply or bring to be manufactured to any butter or cheese factory any milk from which there has been kept back any part of the milk commonly known as strippings, or any milk that is sour, except pure skim milk to skim-cheese factories. The owner or proprietor or the persons having charge of any butter or cheese factory, not buying all the milk used by him, shall not use for his own benefit, or allow any of his employes or any other person to use for his own benefit, any milk, cream, butter or cheese or other product thereof, brought to such factory, without the consent of the owners of such milk or the products thereof. Every butter or cheese manufacturer not buying all the milk he uses, shall keep a correct account of all the milk daily received, 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 factory. Id., § 23. (Note.- Revised from L. 1884, c. 202, & 3; L. 1885, c. 183, § 3, and L. 1885, c. 427, $ 1.
(See Birdseye's R. S., 1st ed., pp. 804, 811.) Without material change. By L. 1893, e. 332, and L. 1895, C, 395,- L. 1885, c. 127, was repealed by mistake for L. 1885,
c. 427. L. 1885, c. 42, was subsequently repealed by L. 1896, c. 548.] 106 N, Y, 293, aff'g 44 Hun, 162; 123 N. Y. 70; 68 Hun, 341; 51 N. Y. St. R. 895.
24 Cans to be branded with the name of county. No person shall sell or offer or expose for sale or exchange any milk, except in the county where 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 and of a suitable width to correspond with such length, and with suitable spaces between the letters, 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 letters 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 shall not be sold by the producer outside of the county in which it is produced, except in or out of a can, vessel, package or carriage or vehicle so marked. The foregoing prohibitions and provisions of this section shall not apply when milk is sold or delivered in glass bottles. No milk shall be sold or delivered in glass bottles, except in the county where produced, unless such bottles shall have legibly blown, stamped, engraved, etched, impressed or moulded in the glass, or otherwise produced upon such bottles, the name of the vendor, or the same is on a label or cover affixed thereto, or there is some mark or device on or affixed to such bottles by which the vendor may be ascertained. Id., § 24. Note.- Revised from L. 1884, c. 202, $ 5; L. 1885, c. 183, § 5. (See Birdseye's R. S.. 1st clean, healthy, fresh, unadulterated and wholesome milk from which the cream has not been removed either wholly or in part, or unless the proportion of milk solids shall be in quantity the equivalent of twelve per centum of milk solids in crude milk, and of which solids twenty-five per centum shall be fats. No person shall manufacture, sell or offer for sale or exchange in hermetically sealed cans, any condensed milk unless put up in packages upon which shall be distinctly labeled or stamped the name of the persons or corporation by whom made and the brand by which or under which it is made. 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 manufacturer of the milk contained therein. L. 1893, c. 338, § 25, as am'd L. 1893, c. 564, and L. 1894, c. 143. [Note.- Revised from L. 1884, c. 202, 8'8; L., 1885, c. 183, § 11. (See Birdseye's R. S.,
ed., p. 805.) Provisions as to exchanging milk, and as to width of and spaces between
letters, and as to milk sold in bottles, new.]' 25 Regulations in regard to condensed milk. No condensed milk shall be made or offered or exposed for sale or exchange unless manufactured from pure,
1st ed., p. 806.) Provisions as to exchange, new. Under former law all condensed milk must be put up in packages with label or stamp, etc., and packages not hermetically sealed must bear the name of county from whence produced, and name of
vendor.) 26 Manufacture and sale of imitation butter prohibited. No person, by himself, his agents or employes, shall produce or manufacture out of or from any animal fats or animal or vegetable oils not produced from unadulterated milk, or cream from the same, any article or product in imitation or semblance of natural butter produced from pure, unadulterated milk or cream of the same; nor shall any person solicit or take orders for the same, or offer the same for sale, or 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, so as to produce any article or substance or any human food in imitation or in the semblance of natural butter, nor 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 elsewhere. Id., § 26, as am'd L. 1894, c. 426. (Note.-- Revised from L. 1885, c. 183, 87; L. 1885, c. 458, and L. 1886, c. 577, § 2.
(See Birdseye's R. S., 1st ed., p. 805.) Former section applied also to imitation cheese.
Otherwise without material change.] 44 Hun, 493; 40 id. 358; aff'd, 103 N. Y. 388; 105 id. 123; 114 id. 56; 23 Abb. N. O. 108;
38 N. Y. St. R. 318; 56 id. 779; 6 Misc. 459. 27 Manufacture of* mixing of animal fats with milk, cream, or butter prohibited. 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 make or manufacture any oleaginous substance not produced from milk or cream, with intent to sell the same as butter or cheese made from unadulterated milk or cream or have the same in his possession with such intent; nor shall any person solicit or take orders for the same or offer the same for sale, nor shall any such article or substance or compound so made or produced, be sold as and for butter or cheese the product of the dairy. No person shall coat, powder or color with annatto or any coloring matter whatever, butterine or oleomargarine or any compound 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 by means of which such product, manufacture or compound shall resemble butter or cheese, the product of the dairy; nor shall he have the same in his possession with intent to sell the same nor shall he sell or offer to sell the same. Id., $ 27. [Note.- Revised from L. 1885, c. 183, $ 8; c. 458, $ 3, and L. 1886, c. 577, 8 3. (See
Birdseye's R. S., 1st ed., p. 805.) Provisions as to soliciting or taking orders, new;
otherwise no material change.] 39 Hun, 631: 44 id. 493; 4 N. Y. Cr. R. 144; 114 N. Y. 56; 63 Hun, 583; 23 Abb. N. C.
108; 44 N. Y. St. R. 822. 28 Prohibited articles not to be furnished. No keeper or proprietor of any bakery, hotel, boarding-house, restaurant, saloon, lunch-counter or place of pub
* So in the original.
lic entertainment, or any person having charge thereof or employed thereat, or any person furnishing board for any others than members of his own family, or for any employes where such board is furnished for a compensation or as part of the compensation of any such employe, shall keep, use or serve therein either as food for his guests, boarders, patrons, customers or employes or for cooking purposes any article or substance made in violation of the provisions of this article. Id., § 28. [Note.- Revised from L. 1882, c. 215, $ 2; L. 1885, c. 183, & 27, and L. 1887, c. 583, § 1.
(See Birdseye's R. S., 1st ed., p. 810.) Words“ or any person furnishing board for any others than members of his own family, or for any employes where such board is furnished for a compensation or as part of the compensation of any such employe,'
new; also, word “ employes” in second line from end of section.] See also SS 37a, 376, post.
29 Use of coloring matter prohibited. No person manufacturing with intent to sell any substance or article in imitation or semblance of butter or cheese not made exclusively from unadulterated milk or cream or both, with salt or rennet or both and with or without coloring matter or sage, but into which any animal, intestinal or offal fats, or any oils or fats or oleaginous substance of any kind not produced from from* pure, unadulterated milk or cream, or into which melted butter, or butter in any condition or state or any modification of the same, or lard or tallow shall be introduced, shall add thereto or combine therewith any annatto or compounds of the same, or any other substance or substances whatever, for the purpose or with the effect of imparting thereto a color resembling yellow, or any shade of yellow butter or cheese, nor introduce any such coloring matter or other substance into any of the articles of which the same is composed. Id., § 29. (Note.- Revised from L. 1882, c. 215, 8 1. (See Birdseye's R. S., 1st ed., p. 801.) Words
" or oleaginous substance of any kind," new.] 292 Settlement of claims. The commissioner of agriculture, subject to the approval in writing of the governor and attorney-general, is hereby authorized and empowered to settle, compromise and discharge all actions and causes of actions, or claims arising under the agricultural law since its passage to the passage of this act for any violation of sections twenty-six, twenty-seven, twentyeight and twenty-nine of the agricultural law relating to the sale or use of oleomargarine, so called. L. 1895, c. 70, § 1.
29h Receipts and reports of settlements. All moneys received pursuant to any such settlement shall be paid by said commissioner into the treasury of the state; and any settlement made pursuant to this act shall be reported by the said commissioner in his next annual report. Id., § 2.
30 Manufacture and sale of imitation cheese prohibited. No person shall manufacture, deal in, sell, offer or expose for sale or exchange any article or substance, in the semblance of or in imitation of cheese made exclusively of unadulterated milk or cream, or both, into which any animal, intestinal or offal fats or oils, or melted butter or butter in any condition or state or modification of the same, or oleaginous substances of any kind not produced from unadulterated inilk or cream, shall be introduced. L. 1893, c. 338, § 30. [Note.- Revised from L. 1882, c. 215, 88 2, 3, and L. 1885, c. 189, § 6. (See Birds
eye's R. S., 1st ed., p. 801.) Former law applied also to imitation cheese. . Otherwise
without material change.] 31. When prohibitions do not apply to skim-milk, or skim-cheese. Except in the counties of New York and Kings, the prohibitions contained in this article against the sale of adulterated milk shall not apply to skim-milk, which is clean, pure, healthy, wholesome and unadulterated, except by skimming, sold for use in the county in which it is produced or an adjoining county, if it is sold for and as skimmed milk. The prohibitions in this article against the sale of cheese made from unadulterated milk or cream, shall not apply to pure skim-cheese made from
* So in the original.