60 Ninth Annual Report of the 



the attempt to secure wholesome milk to the people, it is by no 

 means certain that the establishment of a definite standard is 

 not a judicious provision.'' 



This court has said all this regarding one dairy product, how 

 can it now say that the Legislature when it seeks to prohibit 

 the sale of all other dairy products as dairy products " into 

 which has been introduced any foreign substance whatever " 

 is acting from a different motive. 



The portion of section 27 referring to " renovated butter," 

 prohibits the sale of a butter which apparently on the surface 

 of the statute is far more conclusively harmless than the so- 

 called " preservative." It will not be contended that the Legis- 

 lature has not the power to insist that such " renovated butter " 

 shall be marked by its true name " renovated butter " and shall 

 not be sold as the real thing. Yet in fact it is real butter. It 

 has had no foreign substance added to it; it has simply been 

 worked over; it is a second-hand product. This process is a 

 sort of preservative process by mechanical means. It treats 

 butter after it has become old or decayed. If the prohibition 

 against the insertion into butter of a chemical whether called 

 "preservative," "restorer," "renewer," or whatever the name, 

 is unconstitutional, how much more is the statute restraining 

 the business of the renovator unconstitutional. His product 

 ought to be entitled to sale, because the elements he uses are 

 solely nature's elements? The statute in this case prohibits 

 the sale of butter containing a foreign substance introduced to 

 delay its fermentation and to make it less digestible, and the 

 statute simply says that such dairy product shall not be adver- 

 tised and sold as the pure article. 



Does the line of difference between the legislation for the pub- 

 lic health and of legislation beyond the police power lie some- 

 where between milk and other dairy products? 



In the language of Judge Finch of this court, " Let us play 

 no tricks with food, let us have no experimentation." 



