62 Ninth Annual Report of the 



that the decision of the Special Term and the decision of the 

 Appellate Division suggests that the minds of the lower courts 

 were deceived by this specious suggestion. 



This act does not prohibit a dairy product to be sold under 

 the name of Kuymss or Matzoon, any more than it prohibits the 

 sale of butter mixed with a foreign substance to be made into 

 a hard sauce, or milk to be mixed with eggs and be sold as 

 custard, or to be mixed with liquor to be sold as punch; 

 but it does declare it to be a fraud to mix any of these 

 substances with a dairy product, or to make any formula or de- 

 coction containing milk and then to sell them as milk, or as 

 butter, or as cheese. All the substances may not only in them- 

 selves be harmless which are mixed with dairy products, but 

 after any chemical action brought about by their mixture, the 

 resultant compound might even be helpful, yet such mixture 

 ought not to be allowed to be sold as a pure dairy product. 



In People v. Girard, 145 N. Y., 105, Judge Finch sums up the 

 argument for the plaintiff. 



In that case the statute prohibited the introduction of any 

 coloring matter into vinegar, and the words in the following 

 quotation, not in italics, have been inserted simply to substitute 

 the words dairy products in place of the word vinegar where 

 that word appears in the original opinion. We quote verbatim 

 in italics: 



It must also be assumed that the Legislature acted with knowledge 

 of dairy products, of their appearance and the modes of their 

 manufacture. Everybody is familiar with dairy products, for they 

 go into all households. Their color and appearance are as well under- 

 stood as their taste, but a dairy product has come upon the market 

 containing a foreign substance called a preservative. It is said 

 to be entirely healthy and a safe food product, and that may be 

 granted. Xo law forbids its manufacture or sale. The markets of 

 the State are open to it freely and without restraint, and the only 

 prohibition is against the fraud of a false condition. 



Purchasers had a natural preference for the old familiar 

 article and were more or less averse to an experiment with the 



