Aet. 3.] Dairy Peoducts 1895 



second sample as above set forth from the mixed milk of the herd, ^^pie. 

 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 adulterated 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 Refusal of 



•^ " sample. 



dairy, then he shall be precluded from offering any evidence what- 

 ever 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 producer does permit such examina- 

 tion, the commissioner of agriculture shall, upon receiving appli- 

 cation therefor, send to said producer a copy of the analysis of copy of 



^ -1^ >- ^' '' analysis on 



each of the samples of milk so taken and analyzed as above pro- ^^^^''^' 

 vided. If a sample of milk shall have been taken by the commis- 

 sioner of agriculture or by his orders or directions from any dairy 

 within this state and an analysis thereof has been made by the 

 commissioner or by his authority, any person who is or was buy- 

 ing milk from the said dairy at or subsequent to the time of such 

 taking, may apply to the commissioner of agriculture for a copy 

 of the analysis of the said sample of milk so taken and the com- 

 missioner shall thereafter furnish the said applicant with such 

 copy. (J.S amended by chapter 608 of the Laws of 1911.) 



People V. Butler, 140 App. Div. 705; People v. Hodnctt, 81 N. Y. 137; 

 People V. St. John, 89 App. Div. 617, 178 N. Y. 617, 201 U. S. Sup. Ct. 633; 

 People V. Salisbury, 2 App. Div. 39; s. C, 151 N. Y. 663; People v. Weaver, 

 116 App. Div. 594; People v. Wiard, 61 App. Div. 612, 170 N. Y. 590; People 

 v. Woodbeek, 55 App. Div. 227. 



§ 36. Branded cans, jars or bottles not to be sold, re-marked or 

 used without consent of owner. No person shall hereafter with- 

 out the consent of the owner or shipper, use, sell, dispose of, buy 

 or traffic in any milk can, jar or bottle, or cream can, jar or bottle, 

 belonging to any dealer or shipper of milk or cream residing in 

 the state of New York or elsewhere, who may ship milk or cream 

 to any city, town or place within this state, having the name or 

 initials of the owner, dealer or shipper, stamped, marked or 

 fastened on such can, jar or bottle, or wilfully mar, erase or change wuh^'IXl 



