392 Milk and Its Products 



his agent or agents shall upon analysis prove to contain no higher per- 

 centage of milk solids, or no higher percentage of fat than the sample 

 taken at the creamery, factory, platform or other place, then no action 

 shall lie against the said producer for violation of subdivisions one, two, 

 three, seven and eight of section thirty of this chapter. In taking a 

 second sample as above set forth from the mixed milk of the herd, it 

 shall be the duty of the Commissioner of Agriculture to have an assist- 

 ant, agent or agents present during the entire time in which the said 

 cattle are being milked to observe closely so as to be sure that the milk 

 thus to be sampled is not adulterated and to see that it is thoroughly 

 mixed so that the sample taken shall be a fair sample of the average 

 quality of the mixed milk of the entire dairy or herd of cows of said 

 producer. If, however, the said producer refuses to allow such examin- 

 ation of the milk produced by his dairy, then he shall be precluded from 

 offering any evidence whatever tending to show that the milk delivered 

 by him at the said creamery, factory, platform or other place was just 

 as it came from the cow. If the said producer does permit such exam- 

 ination, the Commissioner of Agriculture shall, upon receiving appli- 

 cation therefor, send to said producer a copy of the analysis of each 

 of the samples of milk so taken and analyzed as above provided. If 

 a sample of milk shall have been taken by the Commissioner of Agri- 

 culture or by his orders or directions from any dairy within this state 

 and an analysis thereof has been made by the Commissioner or by his 

 authority, any person who is or was buying milk from the said dairy 

 at or subsequent to the time of such taking, may apply to the Commis- 

 sioner of Agriculture for a copy of the analysis of the said sample of 

 milk so taken and the Commissioner shall thereafter furnish the said 

 applicant with such copy. 



SEC. 36. Branded cans, jars or bottles not to be sold, re-marked or used 

 without consent of owner. No person shall hereafter without the con- 

 sent of the owner or shipper, use, sell, dispose of, buy or traffic in any 

 milk can, jar or bottle, or cream can, jar or bottle, belonging to any 

 dealer or shipper of milk or cream residing in the state of New York 

 or elsewhere, who may ship milk or cream to any city, town or place 

 within this state, having the name or initials of the owner, dealer or 

 shipper, stamped, marked or fastened on such can, jar or bottle, or 

 wilfully mar, erase or change by re-marking or otherwise said name or 

 initials of any such owner, dealer or shipper, so stamped, marked or 

 fastened upon said can, jar or bottle. Nor shall any person without the 

 consent of the owner use such can, jar or bottle, for any other purpose 

 than for milk or cream: nor shall any person without the consent of 



