Agbicttltubal Law 



[Art. 3. 



§ 35. 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 be- 

 fore 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 thereafter 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 presence 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 vender of such 

 product, or to the person having custody of the same, with a state- 

 ment in writing of the cause of the taking of the sample. In tak- 

 ing samples of milk for analysis at a creamery, factory, platform 

 or other j^lace where the same is delivered by the producer for 

 manufacture, sale or shipment, or from a milk vender who pro- 

 duces the milk which he sells, with a view of prosecuting the pro- 

 ducer of such milk for delivering, selling or offering for sale adul- 

 terated milk, the said commissioner of agriculture or assistant or 

 his agent or agents shall within ten days thereafter, with the con- 

 sent of the said producer, 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 pro- 

 ducer and shall cause the sample taken by himself or his agent 

 to be analyzed. If the sample of milk last taken by the commis- 

 sioner of agriculture or his agent or agents shall upon analysis 

 prove to contain no higher percentage of milk solids, or no higher 

 percentage of fat than the sample taken at the creamery, 

 factory, platform or other place, then no action shall lie against 

 the said producer for violation of subdivisions one, two, three, 

 seven and eight of section thirty of this chapter. In taking a 



