Art. 3 Daiey Pkoducts 19 c 



and the brand by which or under which it is made. When con- 

 densed 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. 



§ 38. Manufacture and sale of imitation butter prohibited. — 

 ]STo person by himself, his agents or employees, shall produce or 

 manufacture out of or from any animal fats or animal or vege- 

 table oils not produced from unadulterated milk or cream from 

 the same, the article known as oleomargarine or any article or 

 product in imitation or semblance of natural butter produced from 

 pure, unadulterated milk or cream of the same ; 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 pro- 

 duced from milk or cream, so as to produce any article or sub- 

 stance or any human food in imitation or in semblance of natural 

 butter, nor sell, keep for sale or oifer for sale any article, sub- 

 stance or compound, made, manufactured or produced in viola- 

 tion of the provisions of this section, whether such article, sub- 

 stance or compound shall be made or produced in this state or 

 elsewhere. Any person manufacturing, selling, offering or ex- 

 posing for sale any commodity or substance in 

 Violation irrespect- imitation or semblance of butter, the product 

 ive of repre- of the dairy, shall be deemed guilty of a vio- 

 sentations. lation of this chapter, whether he sells such 

 commodity or substance as butter, oleomarga- 

 rine or under any other name or designation whatsoever and ir- 

 respective of any representations he may make relative to such 

 commodity or substance. Any dealer in any article or product, 



the manufacture or sale of which is prohibited 



Display equivalent by this section, who shall keep, store or display 



to offer for sale, such article or product, with other merchandise 



or stock in his place of business, shall be deemed 



to have the same in his possession for sale. 



People v. Arensburg, 40 Hun. 358; s. c. reversed. 103 X. Y. 388, 10.1 

 LI 123; People v. Bremer, 69 App. Div. 14; People v. Fried, 62 Misc. Rep. 

 240: People v. Hale, 62 Id. 240; People v. Hill. II Eun, 172: People v. 

 Kerin, 39 Id. 631. 4 Orim. Rep. 140; People v. Laning, 40 App. Div. 227, 

 59 1ST. Y. Supp. 1057; People v. Mahaney, 41 Hun, 26; People v. Marx, 

 99 N. Y. 377; People ex rel. McAuley v. Wahle, 124 App. Div. 762; 

 People v. Meyer, 44 Id. 1; People v. Schintzius, til Misc. Rep. 410; People 

 v. Simpson Crawford Co., G2 Id. 240: People v. Teele, 131 App. Div. S7 ; 

 Waterbury v. Egan, 3 Misc. Rep. 355. 52 State Pep. 421, 23 N. Y. Supp. 115; 

 Waterburv v. Newton, 50 N. J. L. 534; Powell v. Commonwealth of Penn- 

 sylvania, "ll4 Penn. St. 265, 127 U. S. 678; Plumley v. Commonwealth of 

 Massachusetts, 155 U. S. 461, 15 Sup. Ct. Rept. 154. 



