362 IOWA DEPARTMENT OF AGRICULTURE. 



the creameries themselves and nearly all of these complaints allege that 

 the inaccuracies arise either from the dfesire to cheat the seller of cream 

 either on weight or on test, or a desire to win away the patrons of a 

 creamery by giving higher tests or higher prices than the facts or condi- 

 tions warrant. The testing of cream may be, and usually is, as cer- 

 tainly correct as the weighing of it, but carelessness in sampling, in- 

 accuracy in weighing the sample for the test, too high temperature of fat 

 column when the test is read, and inaccurate measurement of the fat 

 column, all lead to wrong results. The carelessness exhibited by a good 

 many users of the Babcock tests is little short of actual criminality. Un- 

 fortunately, it is impossible under our present statute to convict the 

 tester for such carelessness in the test. It is necessary to show that the 

 inaccurate results arise from actual intention to deceive or fraud, and in 

 most cases it is almost impossible to bring any positive, affirmative evi- 

 dence of such intention, even though the results are clearly shown as 

 they would be if such criminal intention were actually present. The 

 dairy law requires the operator of the test to "produce correct measure- 

 ments of butterfat." It also puts upon the operator "the burden of es- 

 tablishing the use of reliable tests and the results therefrom." This 

 is another way of saying that if the patron sues the creamery man for 

 shortage in tests and payment, the burden of proof is upon the operator 

 of the test to show that the results arrived at were correct. Unfortunately 

 the amounts involved are always so small that the expense of a suit pro- 

 hibits bringing it. 



Cream is the one product which the farmer sells of which he does not 

 know the actual value with very close approximation. His other products, 

 whether sold by weight or number, are such that he knows with very 

 close accuracy what the weight or count should be, but usually when he 

 sells his cream he not only doesn't know the weight of the cream, but is 

 unable to ascertain the test even approximately, and he usually permits 

 the buyer to fix the price. There are two ways in which he can protect 

 himself. One is to learn how the sample must be taken in order to be 

 accurate, and then insist that the sample shall be taken and the test 

 made and read in his presence; the other is to secure a test machine 

 and other necessary apparatus and chemicals to make the test and then 

 weigh, sample and test all his cream before the same is sold, so that he 

 will know accurately how many pounds of butterfat is delivered. 



There have been serious suggestions that proper legislation be had 

 and system devised for examination and license for users of the Bab- 

 cock test. A part of the system would necessarily be authority lodged 

 in some proper person for revocation of the license when it is shown that 

 tests arrived at were not accurate. Whether such arbitrary regulation 

 should be made is a question for consideration for dairy and cream people 

 before the meeting of the legislature in 1909. 



PURCHASE OR SALE OF UNWHOLESOME MILK OR CREAM. 



(From Chapter 10, Title XXIV, Code as Amended.) 



Section 4989. Sale of impure or skimmed milk — skimmed milk cheese 



— labeling — purchase of unwholesome milk or cream. If any person shall 



sell, exchange or expose for sale or exchange or deliver or bring to an- 



