78 Twenty-Second Annual Report of the 



the milk upon the market as pure milk unless it is as good as re- 

 quired by the State standard. This contention, peculiar as it may 



4 



seem, was produced in the enactment of the organic law, which 

 law provided for a standard below which no milk could be sold 

 by anyone upon the market as and for milk. This was amended 

 after a number of years of experience with the law to provide that, 

 when milk was being sold by the producer thereof, if a sample was 

 taken a like sample must be taken from the mixed milk of his herd, 

 and if such sample was not better than the milk which the pro- 

 ducer was selling that fact should be a bar for an action against 

 him for recovery of the penalty. This bar, however, does not act 

 to prevent like action for the sale of milk by his vendee. 



Section 33 of the Agricultural Law should be amended so as 

 to include milk stations as well as butter and cheese factories; 

 Section 45 to cover transportation companies. 



CBEAM 



The regulation of the Agricultural Law fixing a standard for 

 cream which is that it must contain 18 per cent, of butter fat, 

 has produced a change in the trade in a commodity heretofore sold 

 as cream, which did not contain the required amount of fat; 

 namely, a commodity containing from 8 to less than 18 per cent, 

 of butter fat, which in many instances is sold as a mixture of milk 

 and cream. The sale of such a mixture is in my judgment permis- 

 sible under the statute, as it is a wholesome product and its ingredi- 

 ents are named so that the consumer is not deceived. 



STATE INSTITUTIONS 



During the year, State institutions have submitted to the De- 

 partment for examination one thousand samples of milk taken 

 from milk produced or purchased by such institutions. Reports 

 of the results of these examinations have been made as required 

 by statute. Butter, cheese, and egg^ have also been passed on by 

 agents of this Department for the different institutions. 



