80 Twenty-Second Annual Repobt of the 



standardized. Such a product is quite probably a violation, techni- 

 cally if not substantially, of section 37 of the Agricultural Law. 



Another condensed product is also sold upon the market ; namely, 

 condensed skim milk. This, however, is not considered as being 

 condensed milk within the meaning of the statute but is a con- 

 densed product, and when sold is required to be labeled as " Con- 

 densed Skim Milk." The statute is silent as to the sale of this 

 commodity, and this silence is what gives consent to its sale. 



CEETIFIED MILK 



The attention of the Department has been called to a few in- 

 stances during the year where persons intended to introduce or 

 were introducing upon the market milk as and for certified milk 

 and so labeled, which was not authorized as provided in section 32 

 of the statute. 



OLEOMARGABINE 



Oleomargarine is now being sold in the State quite generally. 

 A large part of it is white, but some has a tint or shade of yellow 

 in semblance of the lighter shades of butter. Cases against the 

 sale of the latter commodity have been made and referred to the 

 Legal Bureau for action. 



I may, however, briefly state that the manufacture and sale 

 of this commodity in this color is a violation of the statute, al- 

 though the litigation in the particular case under consideration 

 (People v. Guiton) resulted in the court's declaring that the De- 

 partment had not in this particular case shown that there had 

 been a conscious selection of the material which gave it its yellow 

 shade with intent to make it resemble butter, which seemingly 

 the court is holding must be done in order to prove a violation. 



This commodity when sold is usually indented, wrapped, 

 sealed, and branded as required by the statute, in packages not to 

 exceed five pounds in weight. There are violations of these re- 

 quirements, however, but they are not numerous. The dealers are 

 evidently beginning to realize that compliance with the require- 

 ments of the statute is wise. For this reason the average pur- 

 chaser of the commodity at the stores is not deceived. The only 

 chance now remaining for deception is on the tables in places of 



