Commissioner of Agriculture 63 



purposes. Getting evidence of adulterations of this kind is diffi- 

 cult, from the fact that it has to be done by detective work as the 

 manipulators are so accurate in their work that a product, as a 

 rule, can be produced from the milk, as it is bought, that will 

 have the required amount of fat, and in many instances be a 

 product not made from pure, whole, unadulterated milk, that is, a 

 product that is made up of whole and skimmed milk mixed. The 

 question has arisen as to whether a product can be condensed from 

 skimmed milk and sold upon the market, or from skimmed milk 

 and whole milk mixed and sold upon the market. The depart- 

 ment has taken the attitude that the statute does not prohibit the 

 sale of such a commodity, but that it cannot be sold as " con- 

 densed milk," but must be labeled to show that it is " condensed 

 skim milk." Litigation has not resulted from the cases thus 

 far that have been made, as the defendants in most cases have 

 desired to and have made propositions of settlement to the 

 Attorney-General. 



OLEOMARGARINE 



The question of oleomargarine, its manufacture and sale within 

 the state of New York is one that is giving the department at the 

 present time much concern as well as much work. Prior to the 

 year 1909, little or no oleomargarine was sold in the state of 

 New York, its manufacture and sale in imitation or semblance 

 of butter being prohibited by the Agricultural Law. The form of 

 prohibition is practically the same as when it was prohibited in 

 1885. The present law provides for this commodity in sections 

 38, 39, 40 and 41 and now deals with it from the standpoint of 

 two different kinds of oleomargarine, one that is so manufactured 

 that it is in imitation or semblance of butter, and the other, oleo- 

 margarine that is not in such imitation or semblance. The manu- 

 facture or sale of the former is prohibited ; the manufacture 

 and sale of the latter is regulated. I am informed that at the 

 present time there have been taken out a large number of tax 

 certificates within the state of New York for the sale of this 

 commodity, and that it is on sale in nearly all places of any size 

 within the state. This is not due to any laxity in the work of the 

 Commissioner of Agriculture or his employees, but rather to the 

 fact that in the sale of this commodity there is a large profit 



