Inspectors to institute complaints.

P. S., c. 57, § 10.

Names, etc., of

persons con

victed to be

published.

deemed for the purposes of this act to be not of good standard quality, except during the months of May and June, when milk containing less than twelve per cent. of milk solids shall be deemed to be not of good standard quality.

Pub. Stats., chap. 57, sect. 9 (Statute of 1880, chap. 209, sect. 7), providing that "in all prosecutions under this act," for selling adulterated milk, "if the milk shall be shown upon analysis to contain more than eighty-seven per centum of watery fluid or to contain less than thirteen per centum of milk solids, it shall be deemed for the purposes of this act to be adulterated," is constitutional.

Commonwealth v. Evans, 132 Mass. 11.

A complaint under the Pub. Stats., chap. 57, sects. 5, 9, alleging that the defendant, at a time and place named, had in his custody and possession a certain quantity, to wit, one pint, of adulterated milk, to wit, milk then and there containing less than thirteen per cent. of milk solids, with intent then and there unlawfully to sell the same, is sufficient.

Commonwealth v. Keenan, 139 Mass. 193.

14. It shall be the duty of every inspector to institute a complaint for a violation of any of the provisions of this chapter on the information of any person who lays before him satisfactory evidence by which to sustain such complaint.

15. Each inspector shall cause the name and place of business of every person convicted of selling adulterated milk, Þ.S., c. 57, § 11. or of having the same in his possession with intent to sell, to be published in two newspapers in the county in which the offence was committed.

Powers of inspectors under chap. 263 of Acts of 1882. 1885, 352, § 5.

Lower courts may try milk

cases.

1885, 149, § 1.

16. Inspectors appointed under the provisions of chapter two hundred and sixty-three of the acts of the year eighteen hundred and eighty-two shall have the power and authority conferred upon a city or town inspector by section one of chapter three hundred and eighteen of the acts of eighteen hundred and eighty-six. They shall also have the power and authority conferred upon inspectors of milk by section twenty of chapter fifty-six of the Public Statutes.

17. Municipal, district and police courts and trial justices shall, in their respective counties, concurrently with the superior court, have jurisdiction of cases arising under the provisions of chapter fifty-seven of the Public Statutes relating to the inspection and sale of milk, and may impose the same penalties for any violation of the provisions of said chapter as therein provided.

BUTTER, IMITATION BUTTER AND CHEESE.

to be marked.

1886, 317, § 1.

18. Whoever, by himself or his agents, sells, exposes for Spurious butter sale, or has in his possession with intent to sell, any article, substance or compound, made in imitation or semblance of butter or as a substitute for butter, and not made exclusively and wholly of milk or cream, or containing any fats, oils or grease not produced from milk or cream, shall have the words "imitation butter," or if such substitute is the compound known as oleomargarine, then the word "oleomargarine," or if it is known as butterine, then the word "butterine," stamped, labelled or marked in a straight line in printed letters of plain, uncondensed Gothic type, not less than one-half inch in length, so that said words cannot be easily defaced, upon the top, side and bottom of every tub, firkin, box or package containing any of said article, substance or compound. The said stamp, label or mark shall contain no other words. And whoever, by himself or his agents, exposes or offers for sale any of the said article, substance or compound not in the original package, shall attach to the said article, substance or compound, in a conspicuous place, a label bearing the words "imitation butter," "oleomargarine," or "butterine," as the article may be. in printed letters of plain, uncondensed Gothic type, not less than one-half inch in length. And in cases of retail sales of Retail packages any of said article, substance or compound not in the original packages, the seller shall, by himself or his agents, attach to each package so sold, and shall deliver therewith to the purchaser, a label or wrapper bearing in a conspicuous place upon the outside of the package the words "imitation butter," "oleomargarine," or "butterine," and no other words, in printed letters in a straight line of plain, uncondensed Gothic type, not less than one-half inch in length.

Oleomargarine was exposed for sale in the original package, namely, a tub, the top of the cover of which had been duly marked, as well as the side and bottom, but from which the cover had been removed, disclosing the superficial surface of the oleomargarine without any mark. Held, that the terms of the Statutes of 1886, chap. 317, sect. 1, had been complied with.

Commonwealth v. Charles W. Bean, 148 Mass. page 172.

19. Whoever, by himself or his agents, sells, exposes for sale, or has in his possession with intent to sell, any article,

to be marked.

Spurious cheese marked as such.

to be plainly

1885, 352, § 2.

P.S., c. 56, § 18. substance or compound made in imitation or semblance of cheese, or as a substitute for cheese, and not made exclusively and wholly of milk or cream, or containing any fats, oils or grease not produced from milk or cream, shall have the words "imitation cheese," stamped, labelled or marked, in printed letters of plain, uncondensed Gothic type, not less than one inch in length, so that said words cannot be easily defaced, upon the side of every cheese cloth or band around the same, and upon the top and side of every tub, firkin, box or package Wrappers to be containing any of said article, substance or compound. And in case of retail sales of any of said article, substance or compound not in the original packages, the seller shall, by himself or his agents, attach to each package so sold at retail, and shall deliver therewith to the purchaser, a label or wrapper bearing in a conspicuous place upon the outside of the package the words "imitation cheese," in printed letters of plain, uncondensed Gothic type, not less than one-half inch in length.

marked.

Penalties for violation of

erasure of

marks, etc.

1886, 317, § 2.

20.

Whoever sells, exposes for sale, or has in his possesstatutes and for sion with intent to sell, any article, substance or compound made in imitation or semblance of butter or cheese, or as a substitute for butter or cheese, except as provided in the two preceding sections, and whoever with intent to deceive, defaces, erases, cancels or removes any mark, stamp, brand, label or wrapper provided for in said sections, or in any manner shall falsely label, stamp or mark any box, tub, article or package marked, stamped or labelled as aforesaid, shall for every such offence forfeit to the city or town where the offence was committed one hundred dollars, and for a second and each subsequent offence two hundred dollars.

Complaints for violations to be instituted by inspectors of milk.

1884, 310, § 2.

21.

Inspectors of milk shall institute complaints for violations of the provisions of the three preceding sections when they have reasonable cause to believe that such provisions have been violated, and on the information of any person who lays before them satisfactory evidence by which to sustain such complaint. Said inspectors may enter all places where butter or cheese is stored or kept for sale, and said inspectors shall also take specimens of suspected butter and cheese and cause them to be analyzed or otherwise satisfactorily tested, the result of which analysis or test they shall record and preserve as evidence; and a certificate of such result, sworn to by the analyzer, shall be admitted in evidence in all prosecutions under

this and the three preceding sections. The expense of such analysis or test, not exceeding twenty dollars in any one case, may be included in the costs of such prosecutions. Whoever hinders, obstructs, or in any way interferes with any inspector, or any agent of an inspector, in the performance of his duty, shall be punished by a fine of fifty dollars for the first offence, and of one hundred dollars for each subsequent offence.

and "cheese "

P. S., c. 56, § 21.

22. For the purposes of the four preceding sections the Terms "butter" terms"butter and "cheese" shall mean the products which defined. are usually known by these names, and are manufactured exclusively from milk or cream, with salt and rennet, and with or without coloring matter.

Spurious butter "dairy

not to be marked

or

"creamery."

1886, 317, § 3.

23. Whoever, by himself or his agents, sells, exposes for sale, or has in his possession with intent to sell, any article, substance or compound, made in imitation or semblance of Penalty. butter or as a substitute for butter, and not made exclusively and wholly of milk or cream, or containing any fats, oils or grease not produced from milk or cream, contained in any box, tub, article or package, marked or labelled with the word "dairy," or the word " creamery," shall for every such offence forfeit to the city or town where the offence was committed one hundred dollars, and for a second and each subsequent offence two hundred dollars.

24. Every person who conveys any imitation butter, oleomargarine or butterine in carriages or otherwise, for the purpose of selling the same in any city or town, shall within thirty days of the passage of this act, and annually on the first day of May, or within thirty days thereafter, be licensed by the inspector or inspectors of milk of such city or town to sell the same within the limits thereof, and shall pay to such inspector or inspectors fifty cents to the use of the city or town. The inspector or inspectors shall pay over monthly to the treasurer of such city or town all sums collected by him or them. In towns in which there is no inspector of milk, licenses shall be issued by the town clerk. Licenses shall be issued only in the names of the owners of carriages or other vehicles, and shall, for the purposes of this chapter, be conclusive evidence of ownership. No license shall be sold, assigned or transferred. Each license shall record the name, residence, place of business, number of carriages or other vehicles used, the name and residence of every driver or other person engaged in carrying or

Persons selling

imitation butter

from carriages

to be licensed.

Penalties.

1876, 317, § 4.

Other persons selling imitation butter to be registered.

1886, 317, § 5.

Portion of sam

ple to be reserved for defendant. 1884, 310, § 4.

Compound lard to be properly labelled.

1887, 449, § 1.

selling imitation butter, oleomargarine or butterine, and the number of the license. Each licensee shall before engaging in the sale of any of the articles as aforesaid cause his name, the number of his license, and his place of business to be legibly placed on each outer side of all carriages or vehicles used by him in the conveyance and sale of the articles as aforesaid, in Gothic letters not less than one inch in length, and he shall report to the inspector or inspectors any change of driver or other person employed by him which may occur during the term of his license. Whoever, without being first licensed under the provisions of this section, sells any of the said articles as aforesaid, or exposes or offers them for sale from carriages or other vehicles, or has them in his custody or possession with intent so to sell, and whoever violates any of the provisions of this section, shall, for the first offence, be punished by fine of not less than thirty nor more than one hundred dollars; for a second offence, by fine of not less than fifty nor more than three hundred dollars.

25. Every person before selling or offering for sale any of the said articles in a store, booth, stand or market-place in a city or in a town in which an inspector or inspectors of milk are appointed, shall within thirty days of the passage of this act, and annually on the first day of May, or within thirty days thereafter, register in the books of such inspector or inspectors, or if there be no inspector then in the books of the town clerk, and shall pay to him or them fifty cents to the use of such city or town; and whoever neglects to so register shall be punished for each offence by fine not exceeding twenty dollars.

26. Before commencing the analysis of any sample the person making the same shall reserve a portion which shall be sealed; and in case of a complaint against any person the reserved portion of the sample alleged to be adulterated shall upon application be delivered to the defendant or his attorney.

LARD.

27. No manufacturer or other person shall sell, deliver, prepare, put up, expose or offer for sale any lard, or any article intended for use as lard, which contains any ingredient but the pure fat of swine, in any tierce, bucket, pail or other vessel or wrapper, or under any label, bearing the words "pure," "refined," "family," or either of them, alone or in