Art. 3 Dairy Products 17 c 



show that the milk so taken was not a fair sample of the milk 

 delivered, sold, offered or exposed for sale by him. The person 



taking the sample of milk for analysis shall take 

 Duplicate sample, 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 manu- 

 facturer or vendor of such product, or to the person having custody 

 of the same, with a statement in writing of the cause of the tak- 

 ing of the sample. In taking samples of milk for analysis at a 

 creamery, factory, platform or other place where the same is de- 

 livered by the producer for manufacture, sale or shipment, or from 

 a milk vendor who produces the milk which he sells, with a view of 

 prosecuting the producer of such milk for delivering, selling or 

 offering for sale adulterated milk, the said commissioner of agri- 

 culture or assistant or his agent or agents shall within ten days 



thereafter, with the consent of the said producer, 



Herd sample to be take a sample in a like manner of the mixed 



taken. milk of the herd of cows from which the milk 



first sampled was drawn and shall deliver the 

 duplicate sample to the said producer and shall cause the sample 

 taken by himself or his agent to be analyzed. If the sample of 

 milk last taken by the commissioner of agriculture or his agent 

 or agents shall upon analysis prove to contain no higher percentage 



of milk solids, or no higher percentage of fat 

 Bar to action, than the sample taken at the creamery, factory, 



platform or other place, then no action shall 

 lie against the said producer for violation of subdivisions one, 

 two, three, seven and eight of section thirty of this chapter. In 

 taking a second sample as above set forth from the mixed 

 milk of the herd, it shall be the duty of the commissioner 

 of agriculture to have an assistant, agent or agents pres- 

 ent durin<r the entire time in which the said cattle are being 

 milked to observe closely so as to be sure that the milk thus to be 

 sampled is not adulterated and to see that it is thoroughly mixed 

 so that the sample taken shall be a fair sample of the average qual- 

 ity of the mixed milk of the entire dairy or herd of cows of said 

 producer. If, however, the said producer refuses to allow such 



examination of the milk produced by his 

 Refusal of sample, dairy, then he shall be precluded from offering 



any evidence whatever tending to show that the 



