I i 2 S K V E N T E E N T I r A X N UAL REPORT ( > F T H E 



As the law now stands, a commodity heretofore knuwn as cream 

 cannot now be sold as cream if it contains less than 18 per centum 

 of milk. In the enforcement of this law during the year but 

 one case has been referred to the Attorney-General for violation of 

 its provisions. A peculiar question, however, has arisen relative 

 to this feature of the statute, although up to the present time there 

 has been no litigation relative to it. The question is as follows: 

 What are the rights of the vendee as to the sale of a commodity 

 that contains less than 18 per centmn of butter fat but more but- 

 ter fat than can be found in pure milk '( Upon this point the 

 statute should be made more explicit. The attitude taken by 

 the department has been that it could not be sold as cream but 

 that it might be sold as fortified milk, that is, milk to which cream 

 had been added. As a matter of fact, the substance is not cream 

 within the meaning of the statute nor is it milk within the mean- 

 ing of the statute, yet it is a wholesome commodity and its sale is 

 not forbidden. 



CONDENSED MILK 



Section 37 of the Agricultural Law provides as follows: 



No condensed milk shall be made, or offered or exposed for sale or 

 exchange unless manufactured from pure, 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 manu- 

 facture, 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 witli the name of the manufacturer 

 of the milk contained therein. 



In enforcing the provisions of this feature of the law during 

 the year, 7 cases have been made and referred to the Attorney- 

 General for his consideration. Cases of this kind are unlike 

 ordinary milk cases, from the fact that the number of violators 

 are not so numerous, the commodity being made in large plants. 

 Consequently they are less in number than the plants where milk 

 is manufactured or produced. The chief violation in these cases 

 is the addition of skimmed milk to whole milk for condensing 



