Commissioner of Agriculture. 395 



§ 12. Inspection, how conducted. — When the commissioner of 

 .agriculture, an assistant commissioner, or any person or officer 

 authorized by the commissioner, or by this chapter, to examine 

 or inspect any product manufactured or offered for sale shall in 

 discharge of his duties take samples of such product, he shall 

 before taking a sample, request the person delivering the milk 

 or who has charge of it at the time of inspection, to thoroughly 

 stir or mix the said milk before the sample is taken. If the 

 person so in charge refuses to stir or mix the milk as requested, 

 then the person so requesting shall himself so stir and mix the 

 milk before taking the sample, and the defendant shall there- 

 after be precluded from introducing evidence to 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 samples thereof 

 in the presence of at least one witness, and he shall in the pres- 

 ence of such witness seal both of such samples, and shall tender, 

 and, if accepted, deliver at the time of taking one sample to the 

 manufacturer or vendor of such product, or to the person having 

 custody of the same, with a statement in writing of the cause of 

 the taking of the sample. In taking samples of milk for analysis 

 at a creamery, factory, platform or other place where the same 

 is delivered 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 deliver- 

 ing, selling or offering for sale adulterated milk, the said com- 

 missioner of agriculture or assistant or his agent or agents 

 shall within ten days thereafter, with the consent of said pro- 

 ducer, take a sample in a like manner of the mixed 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 agri- 

 culture or his agent or agents shall upon analysis prove to con- 

 tain no higher percentage of milk solids, or no higher percentage 

 of fat than as the sample taken at the creamery, factory, plat- 



