riages, cars and vessels used in the manufacture, sale or transportation 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 appro $$ 4-6 General Provisions. Art. 2 priate forms, in taking any affidavit or deposition which may be necessary or required by law or by any order, rule or regulation of the commissioner of agriculture for or in connection with the official purposes, affairs, powers, duties or proceedings of said. commissioner of agriculture or his assistant commissioners of agriculture or for any official purpose lawfully authorized by said commissioner of agriculture. Formerly L. 1893, ch. 338, § 3; with L. 1893, ch. 338, § 32, part as am'd by L. 1898, ch. 153, § 1; L. 1904, ch. 168, § 2; L. 1905, ch. 603, § 1; L. 1907, ch. 178, § 1, and L. 1907, ch. 713, § 1, incorporated. § 4. Expert butter and cheese makers. The commissioner of agriculture may appoint and employ not more than five expert butter and cheese makers, who shall, under his direction, examine and inspect butter and cheese factories and attend at agricultural fairs, societies and meetings designated by the commissioner, to impart thereat information as to the best and most improved method of making butter and cheese and improving the quality thereof. Formerly L. 1893, ch. 338, § 4. § 5. Annual report. The commissioner of agriculture shall make an annual report to the legislature on or before January fifteenth, of his work and proceedings for the year ending September thirtieth, next preceding, which shall include a statement in detail of the number of assistant commissioners, chemists, experts, agents, and counsel employed under the provisions of this chapter during such year, and their compensation, expenses and disbursements; and also a statement in detail of the expenditures of moneys appropriated for the state agricultural society, the county agricultural societies and the New York agricultural experiment station; and other agricultural purposes and estimates of the amounts required for all such purposes for the ensuing year. He may require the state agricultural society and the county agricultural societies to make reports to him and prescribed the form of such reports. Formerly L. 1893, ch. 338, § 5. § 6. Certificate of chemist presumptive evidence. Every certificate, duly signed and acknowledged, of a chemist, analyst or other expert employed by the commissioner of agriculture or any analysis, examination or investigation made by such analyst, chemist or expert with respect to any matter or product which the commissioner has authority to examine or cause to be examined, shall be Į resumptive evidence of the facts therein stated. Formerly L. 1893, ch. 338, § 6. Art. 2 General Provisions. $$ 7-9 § 7. Evidence; principal's liability for acts of agent. The doing of anything prohibited by this chapter shall be evidence of the violation of the provisions of this chapter relating to the thing so prohibited, and the omission to do anything directed to be done shall be evidence of a violation of the provisions of the chapter relative to the thing so directed to be done. The intent of any person doing or omitting to do any such act is immaterial in any prosecution for a violation of the provisions of this chapter. Any person who suffers, permits or allows any violation of the provisions of this chapter by his agent or servant or in any room or building occupied or controlled by him, shall be deemed a principal in such violation and liable accordingly. Any person who shall keep, store or display any article or product, the manufacture or sale of which is prohibited or regulated by this chapter, with other merchandise or stock in his place of business, shall be deemed to have the same in his possession for sale. Formerly L. 1893, ch. 338, § 7, as am'd by L. 1907, ch. 406, § 1. Whenever the commissioner of agriculture shall know or have reason to believe that any penalty has been incurred by any person for a violation of any of the provisions of this chapter, or that any sum has been forfeited by reason of any such violation, he may cause an action or proceeding to be brought in the name of the people for the recovery of the same. Such action may be brought in the county where the product is sold, offered or exposed for sale, or in the county where the adulteration or violation, or any part thereof, occurred. § 8. Prosecution for penalties. Formerly L. 1893, ch. 338, § 8, as am'd by L. 1907, ch. 137. § 9. Disposal of fines and moneys recovered. Onehalf of all moneys recovered, either as penalties, forfeitures or otherwise, for the violation of any of the provisions of this chapter, and from fines imposed as a punishment for any criminal offense committed in violation of the provisions of this chapter, or of the penal law relating to the punishment of criminal offenses committed in violation of the provisions of law for the prevention of frauds in the manufacture or sale of any of the articles or products to which this chapter relates, shall be paid by the court or the clerk thereof to the city or county where the recovery shall be had or fine collected, for the benefit of the poor of such city or county, except in the city of New York, where the same shall be paid to the proper authorities, and equally divided by them between the pension funds of the police and fire departments. The residue of such moneys shall be paid into the §§ 10, 11 General Provisions. Art. 2 treasury of the state, and paid out by the treasurer, upon the warrant of the comptroller, for the purpose of defraying the expenses of the department of agriculture, audited by the comptroller. The same disposal shall be made of all moneys recovered upon any bond given by any officer by virtue of the provisions of this chapter. Formerly L. 1893, ch. 338, § 9. § 10. When injunction may be obtained. In an action in the supreme court for the recovery of a penalty or forfeiture incurred for the violation of any of the provisions of this chapter an application may be made on the part of the people to the court or any justice thereof for an injunction to restrain the defendant, his agents and employees from the further violation of such provisions. The court or justice to whom such application may be made, shall grant such injunction on proof, by affidavit, that the defendant has been guilty of the violations alleged in the complaint, or of a violation of any such provision subsequent to the commencement of the action, and in the same manner as injunctions are usually granted under the rules and practice of the court. No security on the part of the plaintiff shall be required, and costs of the application may be granted or refused in the discretion of the court or justice. If the plaintiff shall recover judgment in the action for any penalty or forfeiture demanded in the complaint, the judgment shall contain a permanent injunction, restraining the defendant, his agents and employees, from any further violation of such provision of this chapter. Any injunction, order or judgment obtained under this section may be served on the defendant by posting the same upon the outer door of the defendant's usual place of business, or where such violation was or may be committed, or in the manner required by the code of civil procedure, and the rules and practice of the court. Personal service of the injunction shall not be necessary when such service can not be secured with reasonable diligence, but the service herein provided shall be deemed sufficient in any proceeding for the violation of such injunction. Formerly L. 1893, ch. 338, § 10. § 11. When prosecution shall not be compelled to elect. In an action for a penalty or forfeiture incurred by reason of the violation of the provisions of this chapter, when the complaint charges a violation of any two or all of such provisions, the plaintiff shall not be compelled to elect between the counts under such different provisions but shall be entitled to recover if Art. 3 Dairy Products. 8 30 it is found that a violation of any one of such provisions has been committed for which a penalty or forfeiture is imposed. Formerly L. 1893, ch. 338, § 11. ARTICLE 3 Dairy Products Section 30. Definitions. 31. Care and feed of cows. 32. Prohibiting the sale of adulterated milk, imitation cream and regulating the sale of certified milk. 33. Regulations in regard to butter and cheese factories. 34. Penalty for delivery of adulterated milk. 25. Inspection; how conducted. 36. Branded cans, jars or bottles not to be sold, remarked or used without consent of owner. 37. Regulations in regard to condensed milk. 38. Manufacture and sale of imitation butter prohibited. 40. Prohibited articles not to be furnished for use. 42. Coloring matter in food products; analysis by state 43. Manufacture and sale of imitation cheese prohibited. 44. When prohibitions do not apply to skim-milk or skim-cheese. 45. Unclean receptacles and places for keeping milk; notice to violators of provisions. 46. Unsanitary cans and receptacles condemned. 47. Receptacles to be cleaned before return; may be seized; evidence; violation; milk can inspectors. 48. Manufacturer's brand of cheese. 49. Use of false brand prohibited. 50. County trade marks. 51. Object and intent of this article. 52. Penalties. 53. Butterine and similar products not to be purchased by certain institutions. 54. Purchase, sale and use of butterine and similar products prohibited in certain institutions. 30. Definitions. The terms "butter" and "cheese," when used in this article, mean the products of the dairy, usually |