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. 
Src. 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. i. 
Stc. 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 
