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"Tjin- 


Agn'c.  Pftrit, 


1 


STATE  OF  NEW  YORK 
DEPARTMENT  OF  AGRICULTURE 

RAYMOND  A.  PEARSON,  Commissioner 


Bulletin  No.  19 


SECTIONS  OF 


The    Agricultural   Law 

OF    THE 

STATE  OF  NEW  YORK 
As  Amended  by  the  Laws  of  1910 


ALBANY      ' 
J.  B.  LVON  COMPANY,  PRINTERS 
1910 


LIST  SHOWING  ARTICLES  AND  SECTIONS  OF  THE  AGRICUL* 

TURAL  LAW,  CHAPTER  i  OF  THE  CONSOLIDATED  LAWS, 

WHICH  WERE  AMENDED  BY  THE  LAWS  OF  1910 


Ain  ICLE. 

Section. 

Act  amending 

— — 1 

In  effect. 

II    

4 

1910 
Chapter  112          

1910 
April    20 
June      8 

12  (new) 

30 

Chapter  434   

Ill 

Chapter  341    

May     21 
May       5 
M.y       5 

April    23 
June      8 

31 

Chapter  216 

<I8' 

Chapter  207    

IV 

73 

Chapter  156 

V 

96         

Chapter  437               ... 

99       

Chapter  670 

Ju'ie    25 

106                ... 

Chapter  561          

June    21 

VII 

160 

Chapter  436      

June      8 

IX 

220 

Chapter  435    

June      8 

221 

Chapttu-  436 

June      8 

222 

Chapter  435 

June      8 

223 

Chapter  435 

June      8 

224. 

Chapter  435                 . .    . . 

June      8 

XIII 

291 - 

293. 

Chapter  366               

May     26 
May     26 

Chapter  366 

SUBJECTS    OF     SECTIONS   OF    THE    AGRICULTURAL    LAW 
AMENDED  BY  THE  LAWS  OF  1910 

Article    2,  section      4 Expert  butter  and  cheese  makers. 

Article    2,  section    12 Examination  of  foods  in  State  ijjstitutions. 

Article    3,  section    30 Definitions. 

Article    3,  section    31 Care  and  feed  of  cows,  and  care  and  keeping  of 

the  produce  from  such  cows. 

Article    3,  section    48 Manufacturer's  brand  of  cheese. 

Article    4,  section    73 Adulterated  vinegar;  facts  published. 

Article    5,  section    96 Regulations  in  relation  to  diseases  of  domestic 

animals,  the  enforcement  thereof  and  ex- 
penses incurred  by  sheriff. 

Article    5,  section    99 Appraisal  of  diseased  animals. 

Article    5,  section  106 Shipping,  slaughtering  and  selling  veal  for  food; 

penalties  for  violation. 

Article    7,  section  160 Term  "  concentrated  commercial  feeding  stuffs  " 

defined. 

Article    9,  sections  220-224 Sale  and  analysis  of  commercial  fertilizers. 

Article  13,  sections  291,  293 State  Fair  Commisbion. 

[3f] 


AMENDMENTS  TO   THE   AGRICULTURAL   LAW 

1910 


.    ARTICLE  2 

General  Provisions 

Section  4.  Expert  butter  and  cheese  makers. —  The  commissioner 
of  agriculture  may  appoint  and  employ  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  infor- 
mation as  to  the  best  acd  most  improved  method  of  making  butter 
and  cheese  and  improving  the  quality  thereof.  (As  amended  hy 
chapter  112  of  the  Laws  of  1910.) 

§  12.  The  commissioner  of  agriculture  is  hereby  empowered  and 
authorized  to  examine  or  cause  to  be  examined  food  or  food  prod- 
ucts produced  or  secured  for  use  in  the  state  institutions  —  milk 
monthly ;  other  foods  semi-annually  —  and  to  make  or  cause  to  be 
made  such  other  examinations  as  he  may  deem  wise  or  as  the  facts 
seem  to  neeessitate  and  warrant  relative  to  such 
Foods  in  state  in-  food  products  and  relative  to  the  agricultural 
stitutions;  exam-  methods  at  such  institutions,  and  report  the 
ination  of.  results  of  such  examinations  and  make  recom- 
mendations thereupon  to  the  fiscal  supervisor 
or  to  the  superintendent  of  prisons  or  to  the  commission  in  lunacy 
for  their  respective  departments  or  ofiices.  For  the  purpose  of 
assisting  the  commissioner  of  agriculture  in  the  performance  of 
duties  authorized  by  this  section,  the  fiscal  supervisor  and  the 
superintendent  of  prisons  and  the  state  commission  in  lunacy  shall 
secure  and  transmit  to  the  commissioner  of  agriculture  such  avail- 
able appropriate  information  and  render  such  other  assistance  a3 
the  commissioner  of  agriculture  may  call  for.  (As  added  hy  chap- 
ter 434  of  the  Laws  of  1910.) 

ARTICLE  3 
Dairy  Products 

Section  30.  Definitions.— The  terms  "butter"  and  "cheese,'* 
when  used  in  this  article,  mean  the  products  of  the  dairy,  usually 
known  by  those  terms,  which  are  manufactured  exclusively  from 
pure  unadulterated  milk  or  cream  or  both,  with  or  without  salt  or 

[5f] 


6f  The  Ageicultukal  Law 

rciiuct,  and  with  or  without  coloring  matter  or  sage.  The  terms 
^'  oleomargarine/'  "  butterine/'  "  imitation  butter  "  or  "  imitation 
cheese"  shall  be  construed  to  mean  any  article  or  substance  in  the 
semblance  of  butter  or  cheese  not  the  usual  product  of  the  dairy, 
and  not  made  exclusively  of  pure  and  unadulterated  milk  or  cream, 
or  any  such  article  or  substance  into  which  any  oil,  lard  or  fat  not 
produced  from  milk  or  cream  enters  as  a  component  part,  or  into 
which  melted  butter  or  butter  in  any  condition  or  state,  or  any 

oil  thereof  has  been  introduced  to  take  the  place 
Adulterated   milk,    of  cream.   The  term,  "  adulterated  milk,"  when 

so  used,  means : 

1.  Milk  containing  more  than  eighty-eight  per  centum  of  water 
or  fluids. 

2.  Milk  containing  less  than  eleven  and  one-half  per  centum  of 
milk  solids. 

3.  Milk  containing  less  than  three  per  centum  of  fats. 

4.  Milk  drawn  from  cows  within  fifteen  days  before  and  five 
days  after  parturition. 

5.  Milk  drawn  from  animals  fed  on  distillery  waste  or  any  sub- 
stance in  a  state  of  fermentation  or  putrefaction  or  on  any  un- 
healthy food. 

6.  Milk  drawn  from  cows  kept  in  a  crowded  or  unhealthy  con- 
dition. 

7.  Milk  from  which  any  part  of  the  cream  has  been""removed. 

8.  Milk  which  has  been  diluted  with  water  or  any  other  fluid, 
or  to  which  has  been  added  or  into  which  has  been  introduced  any 
foreign  substance  whatever. 

All  adulterated  milk  shall  be  deemed  unclean,  unhealthy,  im- 
pure and  unwholesome.     The  terms  ''pure  milk"  or  ^^unadulter- 
ated milk,"  when  used  singly  or  together  mean  sweet  milk  not 
adulterated,   and  the   terms,   "  pure  cream "   or  "  unadulterated 
cream,"  when  used  singly  or  together  mean  cream  taken  from 
pure    and    unadulterated    milk.       The    term 
Adulterated        "  adulterated  cream  "   when  used  shall  moan 
cream.  cream  containing  less  than  eighteen  per  centum 

of  milk  fat  or  cream  to  which  any  substance 
whatsoever  has  been  added.  (As  amended  by  chapter  341  of  the 
Laws  of  1910.) 

§  31.  Care  and  feed  of  cows,  and  care  and  keeping  of  the  prod- 
uce from  such  cows. —  ISTo  person  shall  keep  cows,  for  the  produc- 
tion of  milk  for  market  or  for  sale  or  exchange,  or  for  manufaq- 


Dairy  Products  7f 

turing  the  milk  or  cream  from  the  same  into  any  article  of  food,  in 
a  crowded  or  unhealthy  condition  or  in  unhealthful  or  unsanitary 
surroundings  and  no  person  shall  keep  such  cows  or  the  product 
therefrom  in  such  condition  or  surroundings  or  in  such  places  as 
shall  cause  or  tend  to  cause  the  produce  from  such  cows  to  be  in 
an  unclean,  unhealthful  or  diseased  condition,  if  the  produce  from 
such  cows  is  to  be  sold,  offered  or  exposed  for  sale  upon  the 
markets  for  consumption  or  to  be  manufactured  into  any  food 
product,  nor  shall  such  cows  or  the  produce  therefrom  be  handled 
or  cared  for  by  any  person  suffering  with  or  affected  by  an  infec- 
tious or  contagious  disease,  nor  shall  any  such  cows  be  fed  on  any 
substance  that  is  in  a  state  of  putrefaction  or  fermentation,  or 
upon  any  food  that  is  unhealthful  or  that  produces  or  may  produce 
impure,  unhealthful,  diseased  or  unwholesome 
Ensilage.  milk.     But  this  section  shall  not  be  construed 

to  prohibit  the  feeding  of  ensilage.     The  com- 
missioner of  agriculture  is  hereby  empowered  to  give  such  instruc- 
tion  and  impart  such   information  as  in  his 
Instruction.        judgment  m^ay  be  deemed  best  to  produce  a 
full  observance  of  the  provisions  of  this  section. 
(As  amended  hy  chapter  216  0/  the  Laws  of  1910.) 

§  48.   Manufacturer's   brand   of  cheese. —  Every   manufacturer 
of  Avhole-milk  cheese  may  put  a  brand  or  label  upon  such  cheese 
indicating  "whole-milk  cheese"  and  the  date  of  the  month  and 
year  when  made;  and  no  person  shall  use  such  a  brand  or  label 
upon  any  cheese  made  from  milk  from  which  any  of  the  cream  has 
been  taken.     The  commissioner  of  agriculture  shall  procure  and 
issue  to  the  cheese  manufactiyers  of  the  state. 
Issue  of  brand,    on  proper  application  therefor,  and  under  such 
regulations  as  to  the  custody  and  use  thereof  as 
he  may  proscribe,  a  uniform  stencil  brand  or  labels  bearing  a 
suitable  device  or  motto,  and  the  words,  "  l^ew  York  state  whole- 
milk  cheese."     Every  such  brand  or  label  shall  be  used  upon  the 
outside  of  the  cheese  and  shall  bear  a  different 
Use  of  brand.      number  for  each  separate  factory.     The  com- 
missioner shall  keep  a  book,  in  which  shall  be 
registered  the  name,  location  and  number  of  each  manufactory 
using  the  brands  or  labels,  and  the  name  or  names  of  the  persons 
at  each  manufactory  authorized  to  use  the  same.     ]S"o  such  brands 
or  labels  shall  be  used  upon  any  olhtr  than. whole-milk  cheese  or! 
packages  containing  the  same.     {As  amended  hy  chapter  207  op 
the  Laws  of  1910.) 


8f  Tre  Agricultural  Law 

ARTICLE  4 

Adulterated  Vinegar 

Section  T3.  Facts  published. —  The  commissioner  of  agriculture 
shall  publish  the  name  and  business  address  of  each  person,^firm  or 
corporation  convicted  of  a  violation  of  this  article,  with  such  state- 
ment of  the  facts  of  the  violation  as  he  may  deem  proper.  (As 
amended  by  chapter  156  0/  the  Laws  of  1910.) 

ARTICLE  5 

Diseases  of  Domestic  Animals 

Section  96.    Regulations,  the  enforcement  thereof  and  expenses 
incurred  by  sheriff. —  The  commissioner  may  prescribe  such  regu- 
lations as  in  his  judgment  may  be  thought  suited  for  the  suppres- 
sion or  the  prevention  of  the  spread  of  any  such 
Regulations  for     disease,  and  for  the  disinfection  of  all  premises, 
suppression  of      buildings,  railway  cars,  vessels,  and  other  ob- 
disease.  jects  from  or  by  means  of  which  infection  or 

contagion  may  take  place  or  be  conveyed.  He 
may  alter  or  modify,  from  time  to  time,  as  he  may  deem  expedient, 
the  terms  of  all  notices,  orders  and  regulations  issued  or  made  by 
him,  and  may  at  any  time  cancel  or  withdraw  the  same.  He  may 
call  upon  the  sheriff,  under  sheriff  or  deputy  sheriff,  to  carry  out 
and  enforce  the  provisions  of  any  notice,  order 
Sheriff  to  enforce,  or  regulation  which  he  may  make,  and  all  such 
*  sheriffs,  under  sheriffs  and  deputy  sheriffs  shall 
obey  and  observe  all  orders  and  instructions  which  they  may  re- 
ceive from  him  in  the  premises.  All  expenses  incurred  by  the 
sheriff,  under  sheriff  or  a  deputy  sheriff  in  carrying  out  and 
enforcing  the  provisions  of  such  notice,  order  or  regulation  shall 
be  a  county  charge  to  be  audited  and  paid  in  the  same  manner  as 
other  charges  by  the  sheriff,  under  sheriff,  or  deputy  sheriff.  If 
the  commissioner  shall  lay  a  quarantine  upon  a  city  or  any  por- 
tion thereof  he  may  call  upon  the  commissioner 
Police  to  enforce,  of  public  safety  and  the  police  department  of 
said  city  to  enforce  the  provisions  of  any  notice, 
order  or  regulation  which  he  may  make  Avithin  the  quarantined 
district  or  such  portion  thereof  as  lies  within  the  city  liiiiils,  and 
the  commissioner  of  public  safety  and  the  police  department  shall 


Diseases  of  Domestic  Animals  9f 

obey  and  observe  all  such  orders  and  instructions  so  made  or 
issued,  and  all  expenses  incurred  by  the  commissioner  of  public 
safety  and  the  police  department  in  enforcing  the  quarantine  as 
herein  provided  shall  be  a  city  charge.  If  the  commissioner  shall 
quarantine  any  particular  district  or  territory  for  the  purpose  of 

stopping  or  preventing  the  spread  of  the  disease 

Dogs  in  violation   known    as  rabies,    and   if   any  dog  be   found 

of  quarantine  may  within  the  said  quarantine  district  in  violation 

be  caught.         of  said  quarantine  or  regulation,   any  person 

may  catch  or  cause  to  be  caught  such  dog  and 
have  him  impounded  or  confined.    If  the  said  dog  is  thereafter  not 

found  to  be  affected  with  the  disease  known  as  ' 
Release.  rabies,  it  may  be  released  to  the  owner  upon ' 

payment  of  a  penal  sum  of  ten  dollars  to  the 
commissioner  of  agriculture,  who  shall  upon  receipt  and  accept- 
ance of  the  same  issue  to  the  said  owner  a  release  which  shall 
entitle  the  said  owner  to  the  possession  of  said  dog.  If  such 
penalty  is  not  paid  within  three  days  after  said  dog  is  impounded, 
or  if  it  is  found  impracticable  after  reasonable  effort  to  catch 

and  impound  such  dog  within  the  said  quar- 

Provisions  for      antine  district  in  violation  of  said  quarantine 

killing.  or  regulation,  or  to  find  the  owner  of  a  dog  so 

impounded,  then  any  pe^'son  may  kill  or  cause 
to  be  killed  such  dog  and  shall  not  be  held  liable  for  damages  for 

such  killing.     For  the  purpose  of  enforcing  the 

Powers  of         provisions  of  this  article  the  commissioner  of 

peace  officers,      agriculture,  his  appointees  and  employees  shall 

be  consideped  as  peace  officers  and  shall  have  all 
the  rights  and  powers  of  peace  officers.  (As  amended  by  chapter 
437  of  the  Laws  of  1910.) 

§  99.  Appraisal  of  diseased  animals. —  An  appraiser  shall  de- 
termine the  value  of  each  animal  directed  to  be  slaughtered.    Such 

value  shall  be  the  market  value  of  such  animal 
Value  appraised,    at  the  time  of  making  the  appraisement,  but 

the  appraisal  value  of  each  bovine  animal  shall 
not  exceed  the  sum  of  one  hundred  and  twenty-five  dollars,  pro- 
vided however  that  the  appraised  value  shall  not  exceed"  the  sum 
of  seventy-five  dollars,  except  for  registered  thoroughbred  animals, 
and  the  appraisal  of  each  e<iuiiic  animal  shall  not  exceed  the  sum 
of  one  hundred  and  twenty  dollars.     If  the  value  of  the  con- 


lOf  The  Agricultural  Law 

demned  animals  determined  by  the  appraiser  is 
Arbitration  of      not  satisfactory  to  the  owner  of  such  animals, 
value.  the  value  shall  be  determined  by  arbitrators, 

one  to  be  appointed  by  the  state  appraiser  and 
one  by  the  owner  of  the  animals.     If  such  arbitrators  are  not  able 
to  agree  as  to  the  value  of  the  animals,  a  third  arbitrator  shall  be 
appointed  by  them.     The  value  determined  by  such  arbitrator 
shall  not  exceed  the  limits  established  by  this 
Payment  of        article  and,  after  approval  by  the  commissioner 
arbitrators.         of  agriculture,  shall  be  final.     The  arbitrators 
selected  by  the  owner  of  the  animals  shall  be 
paid  by  the  said  owner,  the  other  arbitrator  or  arbitrators  shall 
be  paid  by  the  state  at  a  rate  of  compensation  not  to  exceed  five 
dollars  per  day  and  necessary  expenses.     Such  appraiser  of  con- 
demned animals  and  the  arbitrators  appointed  under  this  section 
may  administer  oaths  to  and  examine  witnesses.      (As  amended 
by  chapter  670  of  the  Laws  of  1910.) 

§  106.    Shipping,  slaughtering  and  selling  veal  for  food. —  l^o 

person  shall  slaughter  or  expose  for  sale,  or  sell  any  calf  or  carcass 
of  the  same  or  any  part  thereof,  unless  it  is  in  good  healthy  con- 
dition.    'No  person  shall  sell  or  expose  for  sale 
Calves,  sale  of.      any  such  calf  or  carcass  of  the  same  or  any 
.part  thereof,  except  the  hide,  unless  it  was,  if 
killed,  at  least  four  weeks  of  age  at  the  time  of  killing.     No  per- 
son or  persons  shall  bring  or  cause  to  be  brought  into  any  city, 
town  or  village  any  calf  or  carcass  of  the  same  or 'any  pai't  thereof 
for  the  purpose  of  selling,  offering  or  exposing  the  same  for  sale, 
unless  it  is  in  a  good  healthy  condition,  and  no  person  or  persons 
shall  bring  any  such  calf  or  carcass  of  the  same  or  any  part  thereof 
except  the  hide  into  any  city,  town  or  village  for  the  purpose  of 
selling,  offering  or  exposing  the  same  for  sale,  unless  the  calf  is 
four  weeks  of  age,  or,  if  killed,  was  four  weeks  of  age  at  the  time 
of  killing,  provided,  however,  that  the  provisions  of  this  section 
shall  not  apply  to  any  calf  or  carcass  of  the  same  or  any  part 
thereof,  which  is  slaughtered,  sold,  offered  or  exposed  for  sale, 
for  any  other  purpose  thian  food.     Any  person  or  persons  ex- 
posing for  sale,  selling  or  shipping  any  calf  or  carcass  of  the  same 
will  be  presumed  to  be  so  exposing,  selling  or 
Presumption;       shipping  the  said  calf  or  carcass  of  the  same 
method  of         for  food.     Any  person  or  persons  shipping  "any 
shipment.  calf  for  the  purpose  of  being  raised,  if  the  said 

calf  is  under  four  weeks  of  age,  shall  ship  it 


Feeding  Stuffs  llf 

in  a  crate,  unless  said  calf  is  accompanied  by  its  dam.  Any  per- 
son shipping  calves  under  four  weeks  of  age  for  fertilizer  purposes 
must  slaughter  the  said  calves  before  so  shipping.     Any  person  or 

persons  duly  authorized  by  the  commissioner  of 

Seizure  of  calves   agriculture  may  examine  any  calf  or  veal  of- 

and  veal.  fered  or  exposed  for   sale  or   kept  with  any 

stock  of  goods  apparently  exposed  for  sale,  and 
if  such  calf  is  under  four  weeks  of  age,  or  the  veal  is  from  a  calf 
killed  under  four  weeks  of  age,  or  from  a  calf  in  an  unhealthy 
condition  when  killed,  he  may  seize  the  same  and  cause  it  to  be 
destroyed  and  disposed  of  in  such  manner  as  to  make  it  impos- 
sible to ''be  thereafter  used  for  food.  The  penalties  and  fines  pro- 
vided in  section  fifty-two  of  the  agricultural  law  shall  apply  to 
violations  of  this  section  except  that  the  minimum  penalty  for 
violations  of  this  section  shall  be,  for  the  first  violation,  one  dollar 
for  each  calf,  and,  for  the  second  violation,  ten  dollars  for  each 
calf,  and  the  minimum  fine  for  first  offense  shall  be  one  dollar 
and  for  second  offense  ten  dollars.  (As  amended  hy  chapter  561 
of  the  Laws  0/  1910.) 

ARTICLE  7 

Sale  and  Analysis  of  Concentrated  Commercial  Feeding  Stuffs 

Section  160.  Term  ''  concentrated  commercial  feeding  stuffs  "  de- 
fined.—  The  term  "concentrated  commercial  feeding  stuffs"  as 
I  used  in  this  article,  shall  include  linseed  meals,  cotton  seed  meals, 
pea  meals,  bean  meals,  peanut  meals,  cocoanut  meals,  gluten 
meals,  gluten  feeds,  maize  feeds,  starch  feeds,  sugar  feeds,  dried 
distiller's  grains,  dried  brewer's  grains,  malt  sprouts,  hominy 
feeds,  ceraline  feeds,  rice  meals,  dried  beet  refuse,  oat  feeds,  corn 
and  oat  chops,  corn  and  cob  meal,  ground  beef  or  fish  scraps,  meat 
meals,  meat  and  bone  meals  mixed,  dried  blood,  mixed  feeds, 
clover  meals,  alfalfa  feeds  and  meals,  compounded  feeds,  condimen- 
tal  stock  and  poultry  foods,  proprietary  or  trade-mark  stock  and 
poultry  foods,  and  all  other  materials  of  similar  nature;  but  shall 
not  include  hays  and  straws,  the  w^hole  seeds  nor  the  unmixed 

meals  made  directly  from  the  entire  grains  of 
Exceptions.        wheat,  rye,  barley,  oats,  corn,  buckwheat  and 

broom  corn.^  ^Neither  shall  it  include  wheat, 
rye  and  buckwheat  brans  or  middlings,  not  mixed  with  other  sub- 
stances, but  sold  separately,  as  distinct  articles  of  commerce,  nor 
pure  grains  ground  together,  nor  corn  meal  and  wheat  bran  mixed 


12f  The  Agkic  ultueal  Law 

together,  when  sold  as  siicli  by  the  manufacturer  at  retail,  nor 
wheat  bran  and  middlings  mixed  together  not  mixed  with  any 
other  substances  and  known  in  the  trade  as  ^^  mixed  feed/'  nor 
ground  or  cracked  bone  not  mixed  with  any  other  substance,  nor 
shall  it  inclu4e  poultry  foods  consisting  of  whole  or  whole  and 
cracked  grains  and  grit  mixed  together  when  all  the  ingredients 
may  be  identified  by  the  naked  eye.  (As  amended  hy  chapter  43G 
of  the  Laws  of  1910.) 

ARTICLE  9 

Sale  and  Analysis  of  Commercial  Fertilizers 

Section  220.  Statements  to  be  attached  to  packages. 

'221.  Deficiency  from  guaranteed  analysis,  under  certain 
conditions,  not  to  be  considered  violation. 

222.  Statement  filed  with  commissioner  of  agriculture; 

license  fees. 

223.  Presence  of  inert  nitrogenous  matter  to  be  stated. 

224.  Commissioner  of   agriculture   to   take   samples  for 

analysis;  analysis  to  be  made  by  director  of  ex- 
periment station. 

§  220.  Statements  to  be  attached  to  packages. —  [N'o  manu- 
facturer, firm,  association,  corporation  or  person  shall  sell,  offer  or 
expose  for  sale  in  this  state  any  commercial  fertilizer  or  any 
material  to  be  used  as  a  fertilizer,  the  selling  price  of  which  ex- 
ceeds five  dollars  per  ton,  unless  such  commercial  fertilizer  or 
material  to  be  used  as  a  fertilizer  shall  be  accompanied  by  or 
shall  have  affixed  to  each  and  every  package  in  a  conspicuous  place 
on  the  outside  thereof,  a  plainly  printed  statement  which  shall 
certify  as  follows : 

1.  The  number  of  pounds  in  the  package. 

2.  The  name,  brand  or  trade  mark  under  which  it  is  to  be  sold, 
and  in  the  case  of  agricultural  lime  its  particular  form. 

3.  The  name  and  principal  address  of  the  manufacturer  or  per- 
son responsible  for  the  placing  of  the  commodity  upon  the  market. 

4.  The  minimum  per  centum  of  each  of  the  following  con- 
stituents which  may  be  contained  therein; 

(a)  Mtrogen. 

(b)  Available  phosphoric  acid,  excej't  lliat  in  cases  of  undis- 
solved bone,  basic  slag  phosphate,  wood  ashes,  untreated  phosphate 


CoiM.MKRCIAL     FkIITII.IZKKS  lof 

roclv,  garbage  tankage  and  pulverized  natural  m  ami  res,  the  mini- 
mum per  centum  of  total  phosphoric  acid  may  be  substituted 
therefor. 

(c)  Potash  soluble  in  distilled  water. 

(d)  In  the  case  of  agricultural  lime,  the  minimum  per  centum 
of  calcium  oxide.  If  any  commercial  fertilizer  or  material  to  be 
used  as  a  fertilizer,  the  selling  price  of  which  exceeds  five  dollars 
per  ton,  be  sold,  offered  or  exposed  for  sale  in  bulk  such  printed 
statement  shall  accompany  every  lot  and  parcel  so  sold,  offered  or 
exposed  for  sale.  That  portion  of  the  statement  required  by  this 
section,  relating  to  the  quality  of  commercial  fertilizer  or  material 
to  be  used  as  a  fertilizer,  shall  be  known  and  recognized  as  the 
guaranteed  analysis. 

§  221.    Deficiency  from  guaranteed  analysis,  under  certain  con- 
ditions, not  to  be  considered  as  violations. —  It  shall  be  a  violation 
of  the  provisions  of  this  article  if  the  statement  required  by  sec- 
tion two  hundred  and  twenty  of  this  article  shall 
False  statement     be  false  in  regard  to  the  iTiimber  of  pounds  of 
fertilizer  in  the  package  sold,  offered  or  exposed 
for  sale,  or  in  the  name,  brand  or  trade  mark  under  which  the 
fertilizer  is  sold,  or  in  the  name  and  address  of  the  manufacturer 
of  the  fertilizer.     It  shall  also  be  a  violation  of  the  provisions  of 
this  article  if  any  commercial  fertilizer  or  material  to  be  used  as 
a  fertilizer  shall  contain  a  smaller  percentage  of  nitrogen,  phos- 
phoric acid,  potash  or  calcium  oxide  than  is  certified  in  said  state- 
ment to  be  contained  therein,  when  such  deficiency  shall  be  greater 
than  ten  per  centum  of  any  one  of  such  constituents  unless  there 
be  a  monetary  equivalent  in  excesses  in  other 
Margin  of         guaranteed    constituents    as    provided    herein; 
deficiency.  provided  such  deficiency  does  not  exceed  twenty 

per  centum  of  such  guarantee  in  any  one  con- 
stituent. The  basis  of  values  of  such  constituents  necessary  In 
making  such  computations  shall  be  determined  by  the  commis- 
sioner of  agriculture. 

§  222.  Statement  filed  with  commissioner  of  agriculture;  license 
fees. —  Before  any  manufacturer,  firm,  association,  corporation 
or  person  shall  sell,  offer  or  expose  for  sale  in  this  state  any 
commercial  fertilizer  or  material  to  be  used  as  a  fertilizer,  the 
selling  price  of  wliich  exceeds  five  dollars  per  ton,  he  or  they  shall, 


14f  The  Agricultural  Law 

for  each  and  every  brand  of  commercial  fertilizer  or  material  to 
be  used  as  a  fertilizer,  file  annually,  prior  to 
Filing^.  January  first  of  the  calendar  year,  in  which 

such  commodity  is  to  be  sold,  offered  or  exposed 
for  sale,  with  the  commissioner  of  agriculture  a  certified  copy  of 
the  statement  prescribed  in  section  two  hundred  and  twenty  of 
this  article.  Every  manufacturer,  firm,  association,  coi^poration 
or  seller  of  any  commercial  fertilizer  or  material  to  be  used  as  a 
fertilizer  the  selling  price  of  which  exceeds  five 
Payment.  dollars  per  ton,   shall   pay   annually  prior  to 

January  first  of  the  calendar  year  in  which 
such  commodity  is  to  be  sold,  offered  or  exposed  for  sale,  to  the 
treasurer  of  the  state  of  N'ew  York  a  license  fee  of  twenty  dollars 
for  each  and  every  brand  to  be  sold  or  offered  or  exposed  for 
sale.  Whenever  a  manufacturer,  firm,  association,  corporation  or 
seller  of  any  commercial  fertilizer  or  material  to  be  used  as  a 
fertilizer,  the  selling  price  of  which  exceeds  five  dollars  per  ton, 
desires  at  any  time  to  sell  such  commercial  fertilizer  or  such  ma- 
terial and  has  not  c<5fmplied  with  the  requirements  of  the  statute, 
he  or  they  shall  before  selling,  offering  or  exposing  the  same  for 
sale,  comply  with  the  requirements  as  herein  provided.  Said 
treasurer  shall  in  each  case  at  once  certify  to  the  commissioner  of 
agriculture  the  payment  of  such  license  fee.  Each  manufacturer, 
firm,  association,  corporation  or  seller  who  has  complied  with  the 
provisions  of  this  article  shall  be  entitled  to 
Certificate  of  receive  a*  certificate  from  the  commissioner  of 
commissioner.  agriculture  setting  forth  said  facts.  Such  cer- 
tificate shall  expire  on  the  thirty-first  day  of 
December  of  the  calendar  year  for  which  it  was  issued.  When- 
ever a  manufacturer,  firm,  association,  corporation  or  person  shall 
have  filed  the  statement  and  paid  the  license  fee  as  prescribed  in 
this  section,  upon  any  given  brand,  no  agent  or  seller  of  such 
manufacturer,  firm,  association,  corporation  or  person  shal^  be 
required  to  file  such  statement  or  pay  such  fee  upon  said  brand. 
Eor  the  purposes  of  this  article,  commercial  fertilizers  or  materials 
to  be  used  as  a  fertilizer,  shall  be  considered  as  distinct  and  sep- 
arate brands  when  differing  either  in  guaranteed  analysis,  name, 
brand  or  trade  mark  or  in  any  other  method  of  marking. 

§  223.   Presence  of  inert  nitrogenous  matter  to  be  stated. —  No 

manufacturer,  firm,  association,  corporation  or  person  ^liall  sell, 
offer  or  expose  for  sale  in  this  state  leather  or  its  products  or 


COMMERCIAT.    FeBTILIZKKT,  I5f 

other  inert  nitrogenous  material  in  any  form,  as  a  commercial 
fertilizer  or  material  to  be  used  as  a  fertilizer  or  as  an  ingre- 
dient of  any  fertilizer,  unless  an  explicit  statement  of  the  facts 
shall  be  affixed  to  every  package  in  a  conspicuous  place  on  the  out- 
side thereof  and  shall  accompany  every  parcel  or  lot  which  may  be 
sold,  offered  or  exposed  for  sale  in  bulk. 

§  224.  Commissioner  of  agriculture  to  take  samples  for  analysis; 
analysis  to  be  made  by  director  of  experiment  station. —  The  com- 
missioner of  agriculture  shall  at  least  once  in  each  year  trans- 
mit to  the  IN'ew  York  agricultural  experiment  station  for  analysis 
at  least  one  sample,  to  be  taken  in  the  manner  hereinafter  pre- 
scribed, of  the  different  brands  of  commercial  fertilizers  and  ma- 
terials to  be  used  as  fertilizers  the  selling  price  of  which  exceed 
five  dollars  per  ton,  which  are  or  may  be  sold,  offered  or  exposed 
for  sale  under  the  provisions  of  this  article.  The  said  commis- 
sioner of  agriculture  or  his  duly  authorized  rep- 
Taking  of  sample,  resentatives  in  taking  samples  shall  take  them 
in  triplicate  in  the  presence  of  at  least  one  wit- 
ness and  in  the  presence  of  such  witness  shall  seal  such  sampler 
and  shall  at  the  time  of  taking  tender,  and  if  accepted,  deliver  to 
the  person  apparently  in  charge  one  of  such  samples,  one  of  the 
other  samples  the  commissioner  of  agriculture  shall  cause  to  be 
analyzed.  When  samples  are  taken  from  fertilizers  in  bags,  a 
tube  shall  be  used  and  it  shall  be  inserted  at  one  end  of  the  bag 
and  shall  pass  substantially  the  entire  length  of  the  bag,  so  as  to 
take  a  core  of  the  material  being  sampled  from  substantially  the 
entire  length  of  the  bag.  Samples  thus  taken  from  individual 
bags  shall  be  thoroughly  mixed  and  the  official  samples  be  taken 
from  the  mixture  so  drawn.  Samples  of  fertilizer  taken  as  herein 
provided  shall  be  taken  from  at  least  five  per  centum  of  the  sepa- 
rate original  packages  in  the  lot  for  the  mixture  from  which  the 
official  samples  shall  be  taken.  'No  action  shall  be  maintained  for 
a  violation  of  the  provisions  of  this  article  based  upon  an  analysis 
of  samples  taken  otherwise  than  as  herein  provided  or  taken  from 
less  than  five  separate  original  packages.  The  director  of  said 
experiment  station  shall  continue  to  analyze  or  cause  to  be 
analyzed  such  samples  of  commercial  fertilizers  and  materials  to 
be  used  as  fertilizers  taken  under  the  provisions  of  this  article  as 
shall  be  submitted  to  him  for  that  purpose  by  the  commissioner  of 
agriculture  and  shall  report  such  analysis  to  the  commissioner  of 


16f  The  Agricultueal  Law 


^Y- 


agriculture  and  for  this  purpose  tlie  New  York  agricultural  ex- 
periment station  may  continue  to  employ  chemists  and  incur  such 
expenses  as  may  be  necessary  to  comply  with  the  requirements  of 
this  article.  The  result  of  the  analysis  of  the  sample  or  samples 
so  procured,  together  wdth  such  additional  information  as  circum- 
stances advise,  shall  be  published  in  reports  or  bulletins  from  time 
to  time.     (As  amended  hy  chapter  435  of  the  Laws  of  1910.) 

ARTICLE  13 

State  Fair 

Section  291.   State  fair  commission. —  The  state  fair  commission 
shall  consist  of  seven  members,  of  whom  the  lieutenant-governor 
and  the   commissioner  of   agriculture  shall  ex  officio  constitute 
two.    The  remaining  five  members  of  such  cora- 
Appointment.       mission  shall  be  appointed  by  the  governor,  by 
and  with  the  advice  and  consent  of  the  senate 
as  hereinafter  provided.     The  terms  of  the  five  appointive  mem- 
bers t»f  such  commission  in  office  when   this  section   as  hereby 
amended  takes  effect  shall  expire  on  June  first,  nineteen  hundred 
and  ten.     On  or  before  June  first,  nineteen  hundred  and  ten,  the 
governor  shall,  by  and  with  the  advice  and  consent  of  the  senate, 
appoint  five  members  of  such  commission  to  succeed  those  whose 
terms  expire  as  hereinabove  provided,  for  terms  of  one,  two,  three, 
four  and  five  years,  respectively,  so  that  the  term  of  one  member 
of  such  commission  shall  expire  on  June  first  of  each  year.     A 
successor  to  a  member  of  such  commission  shall  be  appointed,  in 
like  manner,  annually  for  a  full  term  of  five  years.     The  gov- 
ernor shall  designate  one  of  the  members  of 
Superintendent,     such  commission,  who,  in  addition  to  his  duties 
as  commissioner,  shall  act  as  superintendent  of 
the  fair  grounds  and  buildings  for  and  during  his  term  as  com- 
missioner, his  acts  as  su(?h  superintenelent  to  be  under  the  direction 
of  the  commission.     Such  member  shall  devote  his  entire  time  to 
the  duties  of  his   office.     The  lieutenant-governor  shall  be  the 
presiding  officer  of  the  commission.     The  member  of  such  com- 
mission designated  by  the  governor  to  have  charge  of  the  fair 
grounds  and  buildings  shall  receive  an  annual 
Salaries.  salary  of  five  thou&and  five  hundred  dollars,  the 

other  appointed  members  of  the  commission 
shall  receive  an  annual  salary  of  three  thousand  dollars,  and  all 
the  members  of  such  commission  shall  receive  their  actual  and 


State  Fair  ITf 

necessary  expenses  in  the  discharge  of  their  official  duties,  to  be 
paid  on  the  certificate  of  the  commissioner  of  agriculture  and  the 
audit  and  warrant  of  the  comptroller.  (As  amended  hy  chapter 
366  of  the  Laws  of  1910.) 

§  293.  Assistants  and  employees.  The  state  fair  commission 
may  appoint  such  assistants  and  employees  as  they  may  deem 
necessary.  They  may  prescribe  their  duties  and  fix  their  com- 
pensation. Such  assistants  and  employees  shall  be  subject  to 
removal  at  the  pleasure  of  such  commission.  (As  amended  hy 
chapter  SQQ  of  the  Laws  of  1910.) 


It  59734 


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