38 Seventeenth Annual Report ov the 



poiR-nt part should nol be allowed to be sold as and for cheese, 

 and thai the Legislature intended to draw a sharp and distinct 

 line between the commodity made exclusively of unadulterated 

 milk or cream, or both, and a commodity made in such manner 

 thai it could nol be considered as being so made and did not 

 intend thai such commodity should be known upon the market 

 as cheese. On the other hand, a reading of section 44 in which 

 occurs tlic following statement: 



The prohibitions in this article against the sale of cheese made from 

 unadulterated milk or cream, shall not apply to pure skim-cheesc made 

 from milk which is clean, pure, healthy, wholesome and unadulterated, except 

 1>\ skimming. 



would indicate the Legislature did not intend that the word 

 "cheese' 1 ' should not be allowed to be used in connection with 

 such a product, but at the same time did not intend that the word 

 "cheese" alone should be allowed to be used as indicating the 

 commodity. Sections 48 and 49 of the Agricultural Law provide 

 that the Commissioner of Agriculture shall issue a full-milk or 

 full-cream cheese brand to the manufactories of the state to be 

 used only upon cheese manufactured exclusively from pure milk 

 or cream of the same, and section 4!) provides that no person shall 



11, oiler or expose for sale, in any package, butter or cheese 

 which is falsely branded or labeled. This read in connection with 

 article 8 of the Agricultural Law, relative to misbranding, in 

 which it is provided that an article of food shall be deemed mis- 

 branded it it be in imitation of or offered for sale under the 

 distinctive name of another article, would tend further to sub- 

 stantiate this view of the statute. 



()n«- .if the difficulties met with during the year in enforcing 

 the laws relative to cheese ami kindred products manufactured in 

 tin's state i- the question of branding cheese with a full-cream 

 cheese brand made from milk from which a portion of the cream 

 ha- been removed prior to manufacture or which has been manu- 

 factured by a process concerning which it is alleged that a por- 

 tion of the substance that would otherwise go into the cheese is 

 taken or washed out and by which a quantity of foreign moisture 

 is added to tin' product. In considering this question there was 

 issued from this department a circular letter which reads as 

 follows : 



