396 Ninth Annual Report of the 



form or other place, then no action shall lie against the said pro- 

 ducer for violation of subdivisions one, two, three, seven and 1 

 eight of section twenty of the agricultural law. 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 present during 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 adulter- 

 ated and to see that it is thoroughly mixed so that the sample 

 taken shall be a fair sample of the average quality 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 dairy then he shall be precluded 

 from offering any evidence whatever tending to show that the 

 milk delivered by him at the said creamery, factory, platform or 

 other place was just as it came from the cow. If the said pro- 

 ducer does permit such examination the commissioner of agri- 

 culture shall, upon receiving application therefor, send to said 

 producer a copy of the analysis of each of the samples of milk 

 so taken and analyzed as above provided. (As amended by chap- 

 ter 557 of the Laics of 1898.) 



People v. Wiard, 61 App. Div. 612; 170 N. Y. 30. 

 ARTICLE II. 



Dairy Products. 

 Section 20. Definitions. 



21. Care and feed of cows. 



22. Prohibition of the sale of adulterated milk. 



23. Regulations in regard to butter and cheese factories. 



24. Cans to be branded with name of county. 



25. Regulations in regard to condensed milk. 



26. Manufacture and sale of imitation butter prohibited. 



27. Manufacture or mixing of animal fats with milk, cream or but- 



ter prohibited. 



28. Prohibited articles not to be furnished for use. 



29. Use of coloring matter prohibited. 



30. Manufacture and sale of imitation cheese prohibited. 



31. When prohibitions do not apply to skim milk or skim cheese. 



