CHAPTER 406 AN ACT to amend the farms and markets law, in relation to the purchase of milk and cream on milk fat basis. Became a law April 25, 1924, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 48, Section 1. Section fifty-six of chapter forty-eight of the laws L. 1922, of nineteen hundred and twenty-two, entitled "An act in relations 56 to farms and markets, constituting chapter sixty-nine of the consolidated laws," is hereby amended to read as follows:1 § 56. Purchase of milk and cream on milk fat basis. Whenever such manufacturers or owners of such manufactories, plants or places receive or purchase milk or cream upon the basis of the amount of milk fat contained therein and use for ascertaining the amount of such fat a volumetric method or whenever the proceeds of co-operative creameries or such manufactories, plants or places are allotted on the basis of determinations of milk fat by the bottles and pipettes used in such determinations shall, before use, be examined by the director of the New York agricultural experiment station. If such bottles and pipettes are found to be properly constructed and graded so as to accurately show the amount of milk fat contained in milk or cream, each piece shall be legibly and indelibly marked "S. B." Any such bottles and pipettes which on such examination are found to conform to the standard specifications promulgated by the United States bureau of standards, shall be deemed to be so properly constructed and graded. No bottles or pipettes shall be so marked or used in any such test by such manufacturers or owners or proprietors of such manufactories, plants or places, except as herein provided. The acid or other chemicals used in making such test shall be of the required strength and purity to accurately determine the amount of milk fat in milk or cream and shall be examined from time to time by competent persons employed by the department of farms and markets and if found not to be of sufficient strength or purity the use of such acid or other chemicals shall be deemed a violation. No person or persons receiving or purchasing milk or cream upon the basis of the amount of fat contained therein, shall credit any patron or patrons delivering milk or cream thereto with a greater or lesser percentage or average percentage of milk fat than is actually contained in the milk or cream so delivered. The department of farms and markets or persons employed by it for that purpose may at any time assist in making tests of milk or cream received at such manufactories, plants or places for the purpose of determining the efficiency of tests usually made at such manufactories, plants or places. No person shall use other than standard bottles and pipettes or acid 1 Section materially amended. amended. or other chemicals which are of the required strength and purity to accurately determine the amount of fats in milk or cream. Corporations, associations or persons hereafter buying milk or cream from producers of milk or cream to be paid for on the basis of the percentage of milk fat contained therein and for that purpose taking samples therefrom to form a composite sample to be tested periodically to determine its value on such basis, shall, at the request of the producer, take such samples in duplicate and subject them to the same treatment. At the end of the period for which the composite sample was taken such corporation, association or person shall tender same to the producer thereof or to his authorized agent and give such producer, or his said authorized agent, the choice of one of the two composite samples so taken, both of which shall be sealed. Such producer is hereby permitted to send such duplicate composite sample so received to the head of the department of dairy industry of the college of agriculture at Cornell University within ten days from the receipt thereof, properly marked for identification, and shall accompany same with his name and post office address. Such department head shall cause such sample to be tested for the per centum of milk fat and shall send a report of such test to the producer from whom it was received within ten days or as soon thereafter as possible. Corporations, associations or persons hereafter testing samples of milk or cream taken from milk or cream bought or received from producers, where the value thereof is determined by the milk fat content, shall reseal the remaining portion of the sample from which the test was made, and in the case of milk keep the same for at least ten days and in the case of cream keep the same for at least one day after the making of such test for the purpose of permitting the commissioner or his duly authorized representative to examine and test the same. Corporations, associations or persons making such tests of samples of milk or cream so purchased or received shall, immediately after such tests are completed, prepare a list containing the names or numbers of the producers whose milk or cream was so tested and place opposite each such producer's name or number the percentage of milk fat found to have been contained in the sample of milk or cream representing the milk or cream delivered by each such producer. Such lists so prepared shall be made with indelible pencil or ink and shall be filed in the plant or place where such milk or cream is bought or received, and each such list shall be duly signed by the person making such tests and preparing such lists, and such person shall place beneath his signature the number of the state license under which he is testing. All such lists shall be kept as a record for at least one year and shall be open to examination at all times by the commissioner or his duly authorized representative. At any time, upon request of any producer, the purchaser or receiver of such milk or cream shall permit such producer to examine such part of said record as contains information concerning the samples of milk or cream representing the milk or cream delivered by such producer. With out the written permission of the commissioner, no sample of milk or cream so tested by the purchaser or his representative shall be tested at a plant or place other than the one where received, nor without such permission shall any such sample of milk be removed from any such plant or place within ten days from the date of testing, nor shall any such sample of cream be removed therefrom within one day from such date of testing. § 2. This act shall take effect immediately. CHAPTER 407 AN ACT to amend the farms and markets law, in relation to bees. Became a law April 25, 1924, with the approval of the Governor. three-fifths being present. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: 173. Section 1. Sections one hundred and seventy-three and one hun- L. 1922, dred and seventy-four of chapter forty-eight of the laws of nine- ch.48 teen hundred and twenty-two, entitled "An act in relation to 174 amended, farms and markets, constituting chapter sixty-nine of the consolidated laws," as amended by chapter one hundred and ninety-one of the laws of nineteen hundred and twenty-two, are hereby amended to read as follows: § 173. The prevention of disease among bees. No person shall keep in his apiary any colony of bees affected with any communicable disease; and every beekeeper when he becomes aware of the existence of disease among his bees, shall immediately notify the commissioner of the existence of such disease. Persons keeping bees shall keep them in hives of such construction or form of construction that the frames may be easily and readily removed for examination of the brood for the purpose of determining whether disease exists. § 174. Assessors to report owners of bees; transportation of bees regulated. Assessors shall file with their annual assessmentroll a list of the names and addresses of all owners of bees within their respective districts. No person shall remove or transport bees or colonies of bees that are suffering with disease from the place where kept to any point within the state of New York, provided, however, that this shall not prevent the removing of diseased colonies of bees from bees not so diseased to some point of segregation. The removal of diseased bees from the colonies that are not SO diseased to some other place for treatment shall only be done under a written permission from the commissioner to so remove for such purpose. No person or corporations shall remove bees which are under quarantine to another locality 1 Words " any communicable disease substituted for words a contagious malady known as European or American foul brood." 66 2 Word "disease" substituted for words "either of such diseases." 3 Words "in the brood" omitted. 4 Word "disease" substituted for words "the disease known as European or American foul brood." 5 Words "and safety" omitted. 175 amended. without obtaining permission in writing from the commissioner so to do. No person or company shall transport or receive for transportation any bees from a point within this state to any other point therein unless said bees are accompanied by a certificate signed by an authorized inspector of the department of farms and markets stating that such bees are in good healthy condition. Any transportation company receiving a shipment of bees from without the state unaccompanied by a certificate issued by a duly authorized inspector showing freedom from disease shall notify the commissioner of the receipt of such shipment of bees, the name of the consignor and consignee, place of shipment and point of destination within this state. In case contagious disease is found within the shipment, such shipment shall be returned to the consignor or delivered to a duly authorized representative of the department of farms and markets of this state for treatment or destruction. § 2. Section one hundred and seventy-five of such chapter is hereby amended to read as follows: $ 175. Duties of the commissioner. The commissioner shall immediately upon receiving notice of the existence of disease among the bees in any locality, send some competent person or persons to examine the apiary or apiaries reported to him as being affected, and all the other apiaries in the immediate locality of the apiary or apiaries so reported. If disease is found to exist in them, the person or persons so sent by the commissioner shall give the owners or caretakers of the diseased apiary or apiaries full instructions how to treat said cases. The commissioner shall cause said apiary or apiaries to be visited from time to time as he may deem best and if, after proper treatment, the said bees shall not be cured of the disease,' then he may cause the same to be destroyed in such manner as may be necessary to prevent the spread of the said disease. For the purpose of enforcing this article, the commissioner, his agents, employees, appointees or counsel, shall have access, ingress and egress to all places where bees or honey or appliances used in apiaries may be, which it is believed are in any way affected with 'disease or where it is believed any commodity is offered or exposed for sale in violation of the provisions of this article. No owner or caretaker of a diseased apiary, honey or appliances shall sell, barter or give away any bees, honey or appliances from said diseased apiary, which shall expose other bees to the danger of disease,10 nor refuse to allow the said commissioner, or the person or persons appointed by him to inspect. said apiary, honey or appliances, and do such things as the said commissioner or the person or persons appointed by him shall deem necessary for the eradication of disease.10 § 3. This act shall take effect immediately. 6 Word "disease" substituted for words European or American foul brood." 7 Words "known as European or American foul brood," omitted. 8 Words "the said " omitted. Words "of European or American foul brood," omitted. CHAPTER 408 AN ACT to amend the farms and markets law, in relation to cheddar cheese, Became a law April 25, 1924, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 48, Section 1. Section sixty-eight of chapter forty-eight of the laws L. 1922, of nineteen hundred and twenty-two, entitled An act in relation 68 to farms and markets, constituting chapter sixty-nine of the consolidated laws," is hereby amended to read as follows: or § 68. Use of false brand prohibited; branding of skim-milk cheese regulated. No person shall offer, sell or expose for sale, in any package, butter or cheese which is falsely branded or labeled. No person shall sell, offer or expose for sale cheese commonly known as cheddar cheese or stirred curd cheese made from skimmed or partially skimmed milk unless the same is branded to show that it is skim-milk cheese. All such cheese so sold, offered or exposed for sale shall be branded with the words "skim-milk cheese, if such cheese contains thirteen per centum of milk fat or over, it may be branded "medium skim-milk cheese," or if it contains eighteen per centum of milk fat or over, it may be branded 'special skim-milk cheese." Cheese known as cheddar cheese, cheddar style cheese, stirred curd cheese, twin cheese, flats, daisies, daisy twins, longhorns and young americas containing more than forty per centum of moisture shall when sold, offered or exposed for sale be branded or marked conspicuously with the words "chedder cheese excess moisture." The term "cheddar cheese" when used herein, shall be deemed to mean cheese made by the cheddar process, from heated and pressed curd obtained by the action of rennet on whole milk, and which contains not more than forty per centum of water, and, in the water-free substance, not less than fifty per centum of milk fat. Cheese known as "washed curd cheese" shall not be manufactured, sold, offered or exposed for sale upon the markets of this state unless it is branded or marked conspicuously with the words "washed curd cheese." Any such cheese containing more than forty-two per centum of moisture shall be branded or marked conspicuously with the words "washed curd cheese excess moisture. The branding herein provided shall be upon the sides of both the cheese and the container and shall be in block letters at least one-half inch square. § 2. This act shall take effect immediately. 1 Following sentence new. 2 Word "an " omitted. amended. |