Dairy Laws 391 



with a greater or less percentage or average percentage of fat than is 

 actually contained in the milk or cream so delivered, shall be subject 

 to the penalties prescribed by Section fifty-two of this article, and 

 shall be guilty of a misdemeanor. 



SEC. 34. Penalty for delivery of adulterated milk. Any person, firm, 

 association or corporation delivering any milk to any butter or cheese 

 factory in violation of any of the provisions of this chapter shall forfeit 

 and pay to the patrons, firm, association or corporation owning the 

 milk delivered to such factory the sum of fifty dollars, to be recovered 

 in a civil action by the person, firm, association or corporation entitled 

 thereto. 



SEC. 35. Inspection; how conducted. When the Commissioner of 

 Agriculture, an assistant commissioner, or any person or officer author- 

 ized by the commissioner, or by this chapter, to examine or inspect 

 any product manufactured or offered for sale shall in discharge of his 

 duties take samples of such product, he shall, before taking a sample, 

 request the person delivering the milk or who has charge of it at the 

 time of inspection, to thoroughly stir or mix the said milk before the 

 sample is taken. If the person so in charge refuses to stir or mix the milk 

 as requested, then the person so requesting shall himself so stir and 

 mix the milk before taking the sample, and the defendant shall there- 

 after be precluded from introducing evidence to show that the milk 

 so taken was not a fair sample of the milk delivered, sold, offered or 

 exposed for sale by him. The person taking the sample of milk for 

 analysis shall take duplicate samples thereof in the presence of at least 

 one witness, and he shall in the presence of such witness seal both of 

 such samples, and shall tender, and, if accepted, deliver at the time of 

 taking one sample to the manufacturer or vender of such product, or 

 to the person having custody of the same, with a statement in writing 

 of the cause of the taking of the sample. In taking samples of milk 

 for analysis at a creamery, factory, platform or other place where the 

 same is delivered by the producer for manufacture, sale or shipment, 

 or from a milk vender who produces the milk which he sells, with a view 

 of prosecuting the producer of such milk for delivering, selling or offer- 

 ing for sale adulterated milk, the said Commissioner of Agriculture or 

 assistant or his agent or agents shall within ten days thereafter, with 

 the consent of the said producer, take a sample in a like manner of the 

 mixed milk of the herd of cows from which the milk first sampled was 

 drawn and shall deliver the duplicate sample to the said producer and 

 shall cause the sample taken by himself or his agent to be analyzed. If 

 the sample of milk last taken by the Commissioner of Agriculture or 



