402 Milk and Its Products 



same. No such brand or labels shall be used upon any other than whole- 

 milk cheese or packages containing the same. 



SEC. 49. Use of false brand prohibited. No person shall offer, sell, 

 or expose for sale, in any package, butter or cheese- which is falsely 

 branded or labeled. 



SEC. 50. County trade marks. At a regular or special meeting of 

 a county dairymen's association in any .county of the State there may 

 be adopted a county trade mark, by a majority of the members present 

 and voting, to be used as a trade mark by a person manufacturing 

 pure unadulterated butter or full-cream cheese in such county. The 

 secretary of the association shall forthwith send to the Commissioner of 

 Agriculture a copy of such trade mark, which copy he shall place on file 

 in his office, noting thereupon the day and hour he received the same. 

 But one county trade mark for butter and for cheese shall be placed 

 on file for the same county. No association shall adopt any trade 

 mark of any county already on file, or use that of any other county in 

 the formation of a trade mark. 



SEC. 51. Object and intent of this article. This article and each sec- 

 tion thereof are declared to be enacted to prevent deception in the sale 

 of dairy products, and to preserve the public health, which is endangered 

 by the manufacture, sale and use of the articles or substances herein 

 regulated or prohibited. 



SEC. 52. Penalties. -Every person violating any of the provisions 

 of this chapter, shall forfeit to the people of the State of New York the 

 sum of not less than fifty dollars nor more than one hundred dollars 

 for the first violation and not less than one hundred dollars nor more 

 than two hundred dollars for the second and each subsequent violation. 

 When such violation consists of the manufacture or production of any 

 prohibited article, each day during which or any part of which such 

 manufacture or production is carried on or continued, shall be deemed 

 a separate violation. When the violation consists of the sale, or the 

 offering or exposing for sale or exchange of any prohibited article or 

 substance, the sale of each one of several packages shall constitute a 

 separate violation, and each day on which any such article or substance 

 is offered or exposed for sale or exchange shall constitute a separate 

 violation. When the use of any such article or substance is prohibited, 

 each day during which or any part of which said article or substance 

 is so used or furnished for use, shall constitute a separate violation, 

 and the furnishing of the same for use to each person to whom the same 

 may be furnished shall constitute a separate violation. Whoever by 

 himself or another violates any of the provisions of articles three, four, 



