SEC. 19. No person himself or by his servant or agent shall sell, exchange, or deliver, or have in his custody or possession with intent so to do, or expose or offer for sale or exchange, any adulterated milk, or milk to which water or any foreign substance has been added, or milk produced from cows which have been fed on the refuse of distilleries, or from sick or diseased cows, or, as pure milk, milk from which the cream or a part thereof has been removed; and no person shall sell, exchange, or deliver, or have in his custody or possession with intent so to do, any skimmed milk not conforming to the Massachusetts standard, or any heated milk or skimmed milk not having the words "heated milk" or 'skimmed milk," as the case may be, distinctly marked upon a light ground in plain black uncondensed gothic letters at least one inch in length in a conspicuous place upon each vessel, can, or package from or in which such milk is or is intended to be sold, exchanged, or delivered. If such vessel, can, or package is of the capacity of not more than two quarts, said words may be placed upon a detachable label or tag attached thereto and said letters may be less than one inch in length, but not smaller than brevier gothic capital letters. Whoever violates any provision of this section shall be punished for the first offense by a fine of not less than fifty nor more than two hundred dollars, for the second offense by a fine of not less than one hundred nor more than three hundred dollars, and for a subsequent offense by a fine of fifty dollars and by imprisonment for not less than two nor more than three months. Nothing in this section referring to heated milk shall be construed as applying to condensed milk or to milk which has been concentrated to one-half its volume or less.

SEC. 22. Whoever sells, exchanges, delivers, advertises, represents, or describes, or offers or exposes for sale or has in his possession with intent to sell as pasteurized milk, milk not pasteurized as defined in section one, shall for the first offense be punished by a fine of not less than ten dollars, and for a subsequent offense by a fine of not more than one hundred dollars.

Mr. PARKER. Next, chapter 310, acts of 1924, Massachusetts, an act relative to the grading of milk. And I think I left the stenographer the other day as an exhibit the rules of the health department relative to that matter.

(The act referred to is as follows:)

AN ACT Relative to the grading of milk

Be it enacted, etc., as follows:

SECTION 1. Chapter ninety-four of the General Laws is hereby amended by inserting after section fourteen the following new section:

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SEC. 14a. The department of public health, subject to the approval of the governor and council, shall make rules and regulations and establish standards for the production, processing, and sale of a 'grade A milk', including fat standards, bacterial standards, and sanitary standards, and may from time to time amend such rules, regulations, and standards: Provided, That such standards shall not fall below the standard for milk now or hereafter prescribed by law. Said department shall, before submitting such rules, regulations, and standards to the governor and council for approval, hold a public hearing thereon and shall give due notice of the time and place of such hearing by publication for two successive weeks in a newspaper published in each county, the first publication to be at least fourteen days prior to the date of the hearing. Said department shall also publish its proposed rules, regulations and standards in a newspaper published in each county, at least fourteen days before submitting the same for the approval of the governor and council. Any person objecting to said rules, regulations, and standards may, within seven days after such publication, petition the governor and council for a hearing before approval of the same, and the governor and council shall hear the petitioner, after giving due notice to said department of public health and to all parties appearing at the hearing before the department whose attendance appears of record. Whoever himself or by his servant or agent sells, exchanges, or delivers, or has in his custody or possession with intent to sell, exchange, or deliver, any milk designated at 'grade A milk' and not conforming to the rules, regulations, and standards made and established hereunder shall be punished for the first offense by a fine of not more than fifty

dollars and for a subsequent offense within one year by a fine of not less than one hundred dollars."

SEC. 2. Section fifteen of said chapter ninety-four is hereby amended by inserting before the word " is," in the second line, the words " or grade A milk," and by striking out in the third and fourth lines the words "the preceding section" and inserting in place thereof the words "section fourteen," so as to read as follows:

"SEC. 15. If any grade or classification or milk other than 'grade A, Massachusetts milk,' or 'grade A milk,' is established, permits for the sale of such other milk shall be granted and may be revoked in accordance with section fourteen with respect to 'grade A, Massachusetts milk,' but such permits shall not be granted until the milk to be sold thereunder has been tested in such manner as the local board of health to whom application for the permit is made shall determine. Milk sold or exchanged or kept or offered for sale or exchange under such a permit shall be marked with a label, cap, or tag, bearing in the English language in plain, legible, bold-faced type the name of the grade as it is determined by such board.

Approved April 29, 1924.

Mr. PARKER, Next, regulations for sale and care of milk and milk products, Boston health department. I am putting these in to show that we have some protection at the present time, although it has not been conceded by our opponents that we have.

(The regulations refererd to are as follows:)

REGULATIONS FOR THE SALE AND CARE OF MILK AND MILK PRODUCTS

[Adopted April 15, 1915]

ARTICLE I

SECTION 1. All persons except a producer selling milk to other than consumers or not to exceed twenty quarts per day to consumers in the city of Boston engaged in the production of milk or cream for sale, or in the conveyance in carriages for the purpose of selling, delivering, or distributing milk or cream in said city, shall, annually on the first day of May or within thirty days thereafter make written application to the inspector of milk, on forms prescribed by the board of health, for a license. All persons in the city of Boston before selling milk or cream or offering these products for sale in a store, booth, stand, or market place, shall make written application to the inspector of milk, on forms prescribed by the board of health, for a license.

SEC. 2. No person except as provided in section one in said city shall engage in the business of producing milk or cream for sale, or in the sale or distribution of milk or cream in the city of Boston, without a license so to do, under these regulations and such other conditions as the board of health may impose; said license to be revoked if the licensee fails to comply with the conditions of his license and the regulations of this board.

SEC. 3. The conditions under which every cow is kept whose milk or cream is produced within, or brought into the city of Boston for sale, delivery, or distribution, and the method of handling such milk or cream at the place of production, or during the time of their transit, or while they are being mixed, placed in containers, held, stored, heated, or otherwise processed prior to such sale, delivery, or distribution in said city, shall be made known by the licensee, or dealer, to the board of health and in such detail as said board may require; and no milk or cream except that, the conditions of producing and the methods of handling which have been made known as aforesaid, and no milk or cream which is not produced or handled in a manner satisfactory to the board of health shall be brought into, kept, delivered, distributed, sold, or offered for sale in said city.

SEC. 4. No milk shall be sold, offered for sale, or distributed in the city of Boston which was drawn from cows within fifteen days before or five days after parturition, nor unless the cows from which it was derived, within one year, been examined by a competent authority, and shown to be free from diseases dangerous to the public health.

SEC. 5. Every person having a license to sell, deliver, or distribute milk or cream in the city of Boston, shall keep a copy of the same constantly posted in a conspicuous place on his premises, and shall have his name, the number of his license and his place of business marked in gothic letters, not less than one and one-half inches in height, on all vehicles used by him in the conveyance and sale of milk or cream.

ARTICLE II

SECTION 1. No milk or cream kept for sale or distribution shall be stored in any portion of a building which is used for the stabling of horses, cows, or other animals, or for the storing of manure, or in any room used in whole or in part for domestic or sleeping purposes, unless the storage room for milk or cream is separated from other parts of the building to the satisfaction of the board of health.

SEC. 2. No person engaged in the business of producing milk or cream for sale, or in the business of storing, selling or delivering milk or cream in said city, shall store, cool, strain, or mix said milk or cream in any room which is occupied by horses, cows, or other animals. All rooms in which milk or cream is stored, cooled, strained, or mixed, shall be provided with tight walls and floor and kept constantly clean. The walls and floors of said rooms shall be of such construction as to allow easy and thorough cleansing. The room or rooms aforesaid shall contain proper appliances for washing or sterilizing all utensils actually employed in the storage, mixing, or cooling, sale, or distribution of milk or cream and all such apparatus and utensils shall be washed with boiling water or sterilized by steam regularly after being so used.

SEC. 3. No urinal, water-closet, or privy shall be located in the rooms called for in the preceding section, or so situated as to pollute the atmosphere of said rooms.

SEC. 4. All milk produced for the purpose of sale shall be strained and cooled as soon as it is drawn from the cow.

ARTICLE III

SECTION 1. Milk or cream kept for sale in any store, shop, restaurant, market, bakery, or other establishment, shall be stored in a covered cooler, box, or refrigerator. No vessel containing milk or cream for sale shall be allowed to stand outside said cooler, box, or refrigerator, except while a sale of said milk or cream is being made. Every such cooler, box, or refrigerator shall be properly drained and cared for, and shall be kept tightly closed, except during such intervals as are necessary for the introduction or removal of milk, cream, or ice, and they shall be kept only in such locations and under such conditions as shall be approved by the board of health.

ARTICLE IV

SECTION 1. All cans, bottles, or other vessels of any sort, used in the sale, delivery, or distribution of milk or cream shall be cleansed or sterilized before they are again used for the same purpose, and all wagons used in the conveyance of milk or cream for sale or distribution shall be kept in a cleanly condition and free from offensive odors. No person shall use a milk or cream vessel as a container for any other substances than milk or milk products.

ARTICLE V

SECTION 1. Every person engaged in the production, storage, transportation, sale, delivery, or distribution of milk or cream, immediately on the occur rence of any case or cases of infectious disease, either in himself, or in his family, or amongst his employees or their immediate associates, or within the building or premises where milk or cream is stored, sold, or distributed, shall notify the Boston Board of Health, and at the same time shall suspend the sale and distribution of milk or cream until authorized to resume the same by the said board of health. No vessels which have been handled by persons suffering from such diseases shall be used to hold or convey milk or cream until they have been thoroughly sterilized.

ARTICLE VI

SECTION 1. No person, by himself or by his servant or agent, or as the servant or agent of any other person, firm, or corporation, shall in the city of Boston sell, exchange, or deliver, or have in his custody or possession with intent to sell, exchange, or deliver, any milk, or skimmed milk which contains more than 500,000 bacteria per cubic centimeter, or any cream which contains more than 1,000,000 bacteria per cubic centimeter, or any milk, skimmed milk, or cream which has a temperature higher than fifty degrees Fahrenheit.

ARTICLE VII

SECTION. 1. No person or corporation shall sell or offer, expose, or keep for sale in any shop, store, or other place, milk or cream, unless the same is sold or offered, exposed, or kept for sale in tightly closed or capped bottles or receptacles. Nothing contained herein shall prevent the sale of milk or cream from cans, crocks, coolers, or other receptacles in restaurants, hotels, barrooms, or at soda fountains, when the milk or cream is to be consumed in the restaurant or hotel by guests or patrons ordering the same.

SEC. 2. Every person or corporation engaged in the business of selling or delivering milk or cream shall, immediately upon receiving a written order from the board of health so to do, comply with any requirement of said board respecting the filling of milk and cream in bottles or receptacles, the manner and methods employed in such filling or the conditions and surroundings under which such filling is done and carried on. The filling of bottles or cans with milk or cream, for sale or delivery upon wagons or on any public or private way or in any place for which permission for such filling has not previously been obtained from the board of health, is prohibited.

SEC. 3. No person or corporation shall sell or offer, expose, or keep for sale at retail milk or cream in the room or store where the same is put into bottles or receptacles.

ARTICLE VIII

SECTION. 1. Whoever tests milk or cream which is to be offered for sale in any form by tasting shall do so by means of a spoon or piece of wood, paper, cardboard, or other article, and such spoon, piece of wood, paper, cardboard, or other article shall not again be brought into contact with milk or cream intended for sale, or be used for testing milk or cream until after being thoroughly washed and sterilized; no person shall permit his hands, fingers, lips, or tongue to come in contact with milk or cream intended for sale in any form. All persons engaged in the tasting, mixing, or handling of milk or cream for sale in any form shall before engaging in such tasting, mixing, or handling, thoroughly clean his hands and finger nails and keep them clean and dry during such tasting, mixing, or handling. No person shall permit his hands while wet to remain or pass over any open vessel containing milk or cream intended for sale in any form. No person shall fill a jar, can, or other receptacle with milk or cream while the aforesaid jar, can, or other receptacle is held over an open vessel containing milk or cream intended for sale in any form. No person who has sore throat, diarrhoea, or is suffering from any other disturbance of the bowels, or has symptoms of infectiuos or contagious disease, shall engage in the handling of milk or cream which is to be offered for sale or which is for sale.

ARTICLE IX

SECTION 1. All persons having the possession or custody of bottles, cans, or other receptacles used in the sale, delivery, and transportation of milk, cream, skimmed milk, or buttermilk, shall cause any such bottle, can, or receptacle to be cleaned immediately upon emptying the same; and no person shall deliver, receive, or have in his possession or custody any such bottle, can, or receptacle so used which has not been cleansed as aforesaid.

ARTICLE X

SECTION 1. No person shall expectorate or spit, except in receptacles provided for the purpose, in or upon any part of any room, vehicle, railroad car, railroad platform, or other place used for the sale, storage, handling, or transportation of milk.

ARTICLE XI

SECTION 1. Permits granted under authority of chapter 744 of the acts of 1914, are subject to further conditions relative to the production, care, and handling of milk, which may be adopted by the Boston Board of Health.

SEC. 2. All milk handled by dealers for sale, distribution, or other purpose shall be from the dairy farms having a minimum score of fifty by the United States dairy score card.

SEC. 3. After revocation of a producer's permit no dealer shall purchase, receive, or allow milk from such producer upon his premises, regardless of location, for any purpose.

SEC. 4. No person, by himself or by his servant or agent, or as the servant or agent of any other person, firm, or corporation, shall in the city of Boston sell, exchange, or deliver, or have in his custody or possession with intent to sell, exchange, or deliver, any milk which has been pasteurized a second time, or pasteurized milk in bottles, unless such milk has been bottled at the place of pasteurization.

A true copy.
Attest:

S. L. MALONEY, Secretary.

Mr. PARKER. Next, sections of Sanitary Code relative to milk, New York department of public health.

I refer particularly to regulations 10 to 61, relative to grade A milk. Relative to grade B milk, sections 66 to 80. Note particularly regulation 79, that the bacterial content for raw milk is twice that provided in the proposed law.

Note particularly also regulation 6, providing for repeated warnings on bacterial content.

(The excerpts referred to from the Sanitary Code of the department of health, New York City, are as follows:)

STANDARDS AND REQUIREMENTS OF GRADE A MILK, SKIMMED MILK, AND CREAM (RAW) FOR INFANTS AND CHILDREN

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REGULATION 10. Milk, skimmed milk, and cream to conform to requirements and standards prescribed in regulations.-No milk, skimmed milk, or cream shall be labeled "Grade A milk," Skimmed milk," or "Cream (raw)," respectively, unless the same shall have been found by the department of health of the city of New York to conform to the requirements and standards set forth in these regulations.

REG. 11. Cows to be healthy and free from disease. All cows on dairies producing milk, skimmed milk, or cream of this grade and designation shall be free from tuberculosis and in good physical condition. All such cows must be tuberculin tested at least once each year. Such test shall be conducted in accordance with the regulations of the board of health of the department of health of the city of New York. Every cow reacting to such test and found to be affected with tuberculosis must be immediately excluded from the dairy. No cow shall be added to the dairy herd unless it is in good physical condition and shall have been tuberculin tested in accordance with the regulations of the board of health of the department of health of the city of New York within six months prior to the date of admission. The provisions of this regulation shall apply to bulls on all such dairies.

REG. 12. Period of milking; food, cleanliness, and housing of cows.-No milk of this grade and designation shall be drawn from cows within fifteen days before or five days after parturition; or from cows fed on distillery waste or any substance in a state of putrefaction, or on any unwholesome food; or from cows kept in a crowded or unhealthy condition; or from cows whose udders, teats, and flanks have not been washed with water or cleaned with a damp cloth shortly before milking.

REG. 13. Cow stable.-The cow stable shall be properly constructed, adequately lighted and ventilated and maintained in a good condition and repair so as to preserve the health of the cows. The walls, ceiling, floors, and drops of cow stable shall be maintained in a clean, sanitary condition and in good repair.