CONSOLIDATED LAWS OF NEW YORK. PASSED AT THE ONE HUNDRED AND THIRTY-SECOND REGULAR SESSION OF THE LEGISLATURE, BEGUN THE SIXTH DAY OF JANUARY, 1909, AND ENDING THE THIRTIETH DAY OF APRIL, 1909, AT THE CITY OF ALBANY. AGRICULTURAL LAW Laws 1909, Chap. 9. AN ACT in relation to agriculture, constituting chapter one of the consolidated laws. Became a law, February 17, 1909, 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: CHAPTER 1 OF THE CONSOLIDATED LAWS AGRICULTURAL LAW Article 1. Short title (§ 1). 2. General provisions (§§ 2-11). 4. Adulterated vinegar (§§ 70-73). 5. Diseases of domestic animals (§§ 90-108). 6. Prevention of fraud in sale of paris green and other substances (88 140-144). 7. Sale and analysis of concentrated commercial feeding stuffs (88 160–165). 8. Sale, adulteration or misbranding of food and food products (§§ 200, 201). 9. Sale and analysis of commercial fertilizers (§§ 220 224). 10. Turpentine, linseed or flaxseed oil (§§ 240-243). 11. Apples; pears; peaches; quinces (§§ 260–263). 12. Agricultural statistics (§§ 280, 281). 13. State fair (§§ 290-294). 14. Miscellaneous provisions (§§ 300-318). 15. Laws repealed; when to take effect (§§ 340, 341). Section 1. Short title. ARTICLE 1 Short Title § 1. Short title. This chapter shall be known as the "Agricultural Law." ARTICLE 2 General Provisions Section 2. Commissioner of agriculture. 3. Power of commissioner, his assistants and employees. 4. Expert butter and cheese makers. 5. Annual report. 6. Certificate of chemist presumptive evidence. 7. Evidence; principal's liability for acts of agent. 8. Prosecution for penalties. 9. Disposal of fines and moneys recovered. 10. When injunction may be obtained. 11. When prosecution shall not be compelled to elect. § 2. Commissioner of agriculture. There shall be a department of the state government known as the department of agriculture, which shall be charged with the execution of the laws relating to agriculture and agricultural products. The commissioner of agriculture shall be the chief of the department. The commissioner of agriculture shall be appointed by the governor, by and with the advice and consent of the senate. His term of office shall be three years. He shall be paid an annual salary of five thousand dollars and his necessary expenses not to exceed five hundred dollars, incurred in the discharge of his official duties. He may appoint a director of farmers' institutes and such clerks and assistant commissioners and employ such clerks, chemists, agents and counsel as he may deem necessary for the proper enforcement of such laws and the proper administration of the department, who shall receive such compensation as may be fixed by him and their necessary expenses. The compensation of his clerks, assistants and other persons employed by him and such necessary expenses shall be paid on his certificate by the treasurer on the warrant of the comptroller. All other charges, accounts and expenses of the department authorized by law shall be paid by the treasurer on the warrant of the comptroller, after they have been audited and allowed by the comptroller. The trustees of public buildings shall furnish suitable rooms for the use of the department in the capital. (Thus amended by L. 1909, ch. 580, in effect May 29, 1909.) Amendment of 1909 increased commission er's salary from four to five thousand dollars. § 3. Power of commissioner, his assistants and employees. The commissioner of agriculture, his clerks, assistants, experts, chemists, agents and counsel employed by him, shall have full access to all places of business, factories, farms, buildings, carriages, cars and vessels used in the manufacture, sale or transporta tion within the state of any dairy products or any imitation thereof, or of any article or product with respect to which any authority is conferred by this chapter on such commissioner. They may examine and open any package, can or vessel containing or believed to contain any article or product, which may be manufactured, sold or exposed for sale in violation of the provisions of this chapter, and may inspect the contents therein, and take therefrom samples for analysis. The commissioner of agriculture shall have the power by subpoena or subpoena duces tecum, issued and attested by him in his official capacity to require the attendance and testimony before him, or any of his assistant commissioners, of any person whom he may have reason to believe has knowledge of any alleged violation of this chapter, and the production, before him or any of his assistant commissioners of agriculture of any records, books, papers and documents for the purpose of investigating any alleged violation of this chapter. Such subpoenas or subpoena duces tecum may be served by any person over the age of twenty-one years. No person shall be excused from attending and testifying or producing any records, books, papers or other documents before said commissioner of agriculture or any of his assistant commissioners of agriculture upon such investigation upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to convict him of a crime or subject him to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal action, investigation or proceeding. Any person who shall omit, neglect or refuse to attend and testify or to produce any records, books, papers or documents, if in his power so to do, in obedience to such subpoena or subpoena duces tecum shall be guilty of a misdemeanor. Any person who shall wilfully and knowingly make any false statement under oath before the commissioner of agriculture or his assistant commissioners of agriculture concerning a material matter, shall be guilty of perjury. The commissioner of agriculture and his assistant commissioners of agriculture are hereby authorized and empowered to administer oaths and affirmations in the usual appropriate forms. to any person in any matter or proceedings authorized as aforesaid and in all matters pertaining or relating to this chapter and to take and administer oaths and affirmations in the usual appropriate forms, in taking any affidavit or deposition which may be necessary or required by law or by any order, rule or regulation |