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. 
Sxc. 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 
