164 BOARD OF AGRICULTURE. [P. D. 4. 



commonwealth from healthy cows under cleanly and sanitary conditions, 

 and shall be so cooled and cared for that in its raw state the bacteria count 

 shall not average more than one hundred thousand per cubic centimeter, 

 upon examination of five samples taken consecutively, each from a different 

 lot of milk, on five separate days. 



Section 2. "Grade A, Massachusetts Milk" shall, when sold, kept 

 or offered for sale or exchange, be designated and marked with a label, 

 cap or tag, in plain legible, bold-faced type, in the words follo^wing: "Grade 

 A, Massachusetts Milk". The percentage of milk fat may also be stated 

 upon said label, cap or tag, but in no case shall the amount of fat be less 

 than the Massachusetts legal standard. 



Section 3. The board of health of any city or town, upon application 

 of any person, firm, association or corporation, desiring to sell or exchange 

 milk therein as "Grade A, Massachusetts Milk", shall cause the milk 

 produced or to be sold or exchanged by such applicant to be tested for 

 classification as prescribed by section two of this act, and if upon such 

 examination and test the milk so produced or to be sold or exchanged by 

 the applicant is found to comply with the aforesaid requirements of classi- 

 fication of "Grade A, Massachusetts Milk", the board of health shall 

 issue without charge to the applicant a written permit to keep for sale, 

 exchange or delivery, or to sell, exchange or deliver in such city or town, 

 milk graded, classified, designated and labelled, as hereinbefore provided, 

 as "Grade A, Massachusetts Milk". 



Any permit so issued may, at any time, be revoked upon written notice 

 to the holder thereof, by the board of health issuing the same, if milk 

 offered by the holder for sale or exchange as so graded or classified shall 

 not comply with the aforesaid requirements. 



Section 4. If any grade or classification of milk other than "Grade 

 A, Massachusetts Milk" is established permits for the sale of such milk 

 shall be granted and may be revoked in accordance with the provisions of 

 this act in respect to "Grade A, Massachusetts Milk", but such permits 

 shall not be granted until the milk to be sold thereunder has been tested 

 in such manner as the board of health, to whom application for the permit 

 is made, shall determine. Milk sold or kept or offered for sale or exchange 

 under such a permit shall be marked with a label, cap or tag in plain, 

 legible, bold-faced type, expressing the name of the grade as it is deter- 

 mined by the board granting the permit. 



Section 5. Whoever, himself or by his agent, or as the servant or 

 agent of another, sells, exposes for sale or has in his custody or possession 

 with intent to sell milk purporting to be of a grade established hereunder 

 without having a permit so to do shall be subject to the penalty herein- 

 after provided. 



Section 6. Whoever, himself or by his agent, or as the servant or 

 agent of another, sells, exposes for sale, or has in his custody or possession 

 with intent to sell, milk labelled as to its fat content which upon analyses 

 of three samples taken consecutively, each from a different lot of milk, on 



