NEW LAWS.

[Act No. 12, P. A. 1905.]

An Act to amend sections four, five, six, eleven and twelve of act number two hundred eleven of the Public Acts of eighteen hundred ninetythree, approved June 2, eighteen hundred ninety-three, entitled "An act to provide for the appointment of a Dairy and Food Commissioner, and to define his powers and duties and to fix his compensation," as amended by act number two hundred forty-five of the Public Acts of eighteen hundred ninety-five, approved June one, eighteen hundred ninety-five, and further amended by act one hundred fifty-four of the Public Acts of eighteen hundred ninety-seven, approved May twentyfour. eighteen hundred ninety-seven, and further amended by act number two hundred sixty-eight of the Public Acts of eighteen hundred ninety-nine, approved June thirty, eighteen hundred ninety-nine, and further amended by act number one hundred eighty-six of the Public Acts of nineteen hundred one, approved May twenty-nine, nineteen hundred one, and further amended by act number two hundred thirty of the Public Acts of nineteen hundred three, approved June eighteen, nineteen hundred three, and to add thereto eight sections to stand as sections thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen and twenty, and to provide penalties for violations of the provisions of this act.

The People of the State of Michigan enact:

SECTION 1. Sections four, five, six, eleven and twelve, of act number two hundred eleven, of the Public Acts of eighteen hundred ninety-three, approved June two, eighteen hundred ninety-three, entitled "An act to provide for the appointment of a Dairy and Food Commissioner, and to define his powers and duties and fix his compensation," as amended by act number two hundred forty-five, of the Session Laws of eighteen hundred ninety-five, approved June one, eighteen hundred ninety-five, and further amended by act number one hundred fifty-four, of the Session Laws of eighteen hundred ninety-seven, approved May twenty-four, eighteen hundred ninety-seven, and further amended by act number two hundred sixty-eight, of the Session Laws of eighteen hundred ninetynine, approved June thirty, eighteen hundred ninety-nine, and further amended by act number one hundred eighty-six, of the Session Laws of nineteen hundred one, approved May twenty-nine, nineteen hundred one, and further amended by act number two hundred thirty, of the Session Laws of nineteen hundred three, approved June eighteen, nineteen hundred three, are amended, and eight sections, to be sections thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen and twenty, are added thereto, so as to read as follows:

SEC. 4. Said commissioner shall receive an annual salary of two thousand dollars. The said commissioner is hereby authorized and empow ered, by and with the advice and consent of the Governor, to appoint

a deputy commissioner. The salary of the deputy commissioner shall be fifteen hundred dollars per annum. The said commissioner may also appoint eight regular inspectors, who shall receive an annual salary not to exceed one thousand dollars per year, and such other special inspectors as the proper performance of the duties of the office may require, which special inspectors shall be paid not to exceed three dollars per day for time actually employed: Provided, That the amount paid such special inspectors any one fiscal year shall not exceed six thousand dollars. The persons so appointed shall have power to administer oaths in all matters relative to the dairy and food laws and shall take and subscribe the constitutional oath of office and file the same in the office of the Secretary of State; and they shall hold office during the pleasure of the commissioner. The inspectors shall have the same right of access to the places to be inspected as the said commissioner or his deputy. The commissioner shall appoint such clerks as he may deem necessary for the transaction of the business of his office. The salaries and expenses authorized by this section shall be for the unexpired part of the fiscal year ending June thirty, nineteen hundred five, and each fiscal year thereafter. Said salaries are to be paid monthly on the warrant of the Auditor General. The actual and necessary expenses of the commissioner, deputy and inspectors, in the performance of their official duties, shall be audited by the State Board of Auditors and paid upon the warrant of the Auditor General. Such compensation and expenses shall be certified, audited and paid in the same manner as salaries and expenses paid similar officers. The deputy commissioner and inspectors shall enter into bonds with the people of the State of Michigan in the sum of five thousand dollars each, with sureties to be approved by the commissioner, conditioned for the faithful performance of their respective duties. The Board of State Auditors shall provide office room, and the necessary furniture and fixtures and the necessary stationery, supplies and printing for the conducting of the business of said commissioner, on his application to said board therefor. Said office shall be and remain in the city of Lansing.

SEC. 5. The commissioner by and with the consent of the Governor, shall appoint a suitable and competent person as State analyst, who shall be a practical analytical chemist. The commissioner, in like mannar, may appoint an assistant chemist. Before entering upon the duties of their offices, the analyst and assistant chemist shall take, subscribe and file in the office of the Secretary of State the constitutional oath of office. Their term of office shall continue during the pleasure of the commissioner. The Board of State Auditors shall provide a room in connection with the Dairy and Food Commissioner for the laboratory of the State analyst and his assistant, and the necessary furniture and fixtures therefor. In case of the absence or inability of the state analyst or his assistant to perform his duty, the commissioner may appoint some competent person to perform the same temporarily, which person shall take, subscribe and file the constitutional oath of office. The salaries and expenses authorized by this section shall be for the unexpired part of the fiscal year ending June thirty, nineteen hundred five, and each fiscal year thereafter, said salaries to be payable monthly on the warrant of the Auditor General. The salary of the chemist shall be not to exceed

two thousand dollars; the salary of the assistant chemist shall be not to exceed twelve hundred dollars. The actual and necessary expenses of the chemist and the assistant chemist, in the performance of their official duties, shall be audited by the Board of State Auditors, and paid upon the warrant of the Auditor General. Such an amount as is found to be necessary in the proper performance of the work of the analyst may be expended for chemical supplies. Such compensations, expenses and supplies shall be certified, audited and paid in the same manner as the salaries, expenses and supplies of similar officers.

SEC. 6. It shall be the duty of the Dairy and Food Commissioner to carefully inquire into the dairy and food and drink products and the several articles which are foods or drinks, or the necessary constituents of foods or drinks, which are manufactured or sold or exposed or offered for sale in this State, and he may, in a lawful manner, procure samples of the same and direct the State analyst to make due and careful examination of the same, and report to the commissioner the result of the analysis of all and any of such food and drink products or dairy products as are adulterated, impure or unwholesome in contravention of the laws of this State; and it shall be the duty of the commissioner to make a complaint against the manufacturer or vendor thereof in the proper county and furnish all evidence thereof, to obtain a conviction of the offense charged. The Dairy and Food Commissioner, or his deputy, or any person appointed by him for that purpose may make complaint and cause proceedings to be commenced against any person for the enforcement of any of the laws relative to adulterated, impure or unwholesome food or drink, and in such case he shall not be obliged to furnish security for costs and shall have power, in the performance of his duties, to enter into any creamery, factory, store, salesroom, drug store, laboratory, or place where he has reason to believe food or drink is made, stored, sold or offered for sale and open any cask, tub, jar, bottle or package containing, or supposed to contain, any article of food or drink and examine or cause to be examined the contents thereof, and take therefrom samples for analysis. The person making such inspection shall take such sample of such article or product in the presence of at least one witness, and he shall, in the presence of said witness, mark or seal such sample and shall tender at the time of taking to the manufacturer or vendor of such product, or to the person having the custody of the same, the value thereof, and a statement in writing for the taking of such sample. Whenever it is determined by the Dairy and Food Commissioner, his deputy or inspectors, that filthy or unsanitary conditions exist or are permitted to exist in the operation of any bakery, confectionary, or ice cream plant, or in any place where any food or drink products are manufactured, stored, deposited or sold for any purpose whatever, the proprietor or proprietors, owner or owners, of such bakery, confectionary or ice cream plant, or any person or persons owning or operating any plant where any food or drink products are manufactured, stored, deposited or sold, shall be first notified and warned by the commissioner, his deputy or inspectors to place such bakery, confectionary or ice cream plant, or any place where any food or drink products are manufactured, stored, deposited or sold in a sanitary condition within a reasonable length of

time; and any person or persons owning and operating any bakery, confectionary or ice cream plant or any place where any food or drink products are manufactured, stored, deposited or sold, failing to obey such notice and warning, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twentyfive dollars nor more than three hundred dollars and costs of prosecution, or imprisonment in the county jail not to exceed ninety days, or until such fine and costs are paid, or both fine and imprisonment at the discretion of the court.

SEC. 11. The sum of thirty-five thousand dollars is hereby appropriated for the fiscal year ending June thirty, nineteen hundred six, and for each fiscal year thereafter, there is hereby appropriated the sum of thirty-five thousand dollars. Out of the amounts appropriated by this act shall be paid all salaries and expenses and chemical supplies provided for therein: Provided, That all expenses for stationery and printing shall be audited and paid in the same manner as other State printing and stationery.

SEC. 12. The Auditor General is hereby directed to annually add to and incorporate into the State tax, to be levied each year, the sum of thirty-five thousand dollars, which, when collected, shall be credited to the general fund to reimburse the same for the money appropriated by this act.

SEC. 13. It shall also be the duty of the Dairy and Food Commissioner to foster and encourage the dairy industry of the State, and, for that purpose, he shall investigate the general conditions of the creameries, cheese factories, condensed milk factories, skimming stations, milk stations and farm dairies in this State, with full power to enter upon any premises for such investigation, with the object in view of improving the quality and creating and maintaining uniformity of the dairy products of the State; and should it become necessary, in the judgment of the Dairy and Food Commissioner, he may cause instruction to be given in any creamery, cheese factory, condensed milk factory, skimming station, milk station, or farm dairy, or in any locality in this State, and in order to secure the proper feeding and care of cows, or the practical operation of any plant producing dairy products, and in order to secure such a uniform and standard quality of dairy products in this State, he shall furnish a sufficient number of competent inspectors, the appointment of whom is provided for in section four of this act, and they shall be duly qualified to act as such inspectors.

SEC. 14. Whenever it is determined by the Dairy and Food Commissioner, his deputy or inspectors, that any person is using, selling or furnishing to any skimming station, creamery, cheese factory, condensed milk factory, milk depot, farm dairy, milk dealer, the retail trade or to any consumer of milk, any impure or unwholesome milk or cream, which impurity or unwholesomeness is caused by the unsanitary or filthy condition of the premises where cows are kept, or by the unsanitary or filthy care or handling of the cows, or from the use of unclean utensils, or from unwholesome food, or from any other cause, the person so using, selling or furnishing to any skimming station, creamery, cheese factory, condensed milk factory, milk depot, farm dairy, milk dealer, the retail trade, or to any consumer of milk, any such milk or

cream, shall first be notified and warned by the commissioner, his deputy or inspectors not to use, sell, or furnish such milk or cream to such skimming station, creamery, cheese factory, condensed milk factory, milk depot, farm dairy, milk dealer, the retail trade, or to any consumer of milk, and any person failing to obey such notice and warning, and continuing to use, sell or furnish to any skimming station, creamery, cheese factory, condensed milk factory, farm dairy, milk dealer or to the retail trade such impure or unwholesome milk or cream, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than ten dollars, nor more than fifty dollars, and costs of prosecution, or imprisonment in the county jail, not to exceed ninety days, or until such fine and costs are paid, or both fine and imprisonment, at the discretion of the court.

SEC. 15. Whenever it is determined by the Dairy and Food Commissioner, his deputy or inspectors, that unsanitary conditions exist or are permitted to exist in the operation of any skimming station, creamery, cheese factory, condensed milk factory, milk depot, or farm dairy, the proprietor or proprietors, or manager of said skimming station, creamery, cheese factory, condensed milk factory or farm dairy, shall be first notified and warned by the commissioner, his deputy or inspectors to place such skimming station, creamery, cheese factory, condensed milk factory, milk depot or farm dairy in a sanitary condition, within a reasonable length of time; and any person or persons owning or operating such skimming station, creamery, cheese factory, condensed milk factory, milk depot, or farm dairy, failing to obey such notice and warning, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars, nor more than three hundred dollars, and costs of prosecution, or imprisonment in the county jail, not to exceed ninety days or until such fine and costs are paid, or both fine and imprisonment at the discretion of the court.

SEC. 16. It shall be the duty of the proprietor or proprietors of every skimming station, creamery, cheese factory, condensed milk factory or milk depot, in the State where milk or cream is received by purchase or otherwise from three or more persons, to register with the Dairy and Food Commissioner on or before April first of each year, upon blanks furnished by said official, the location of such skimming station, creamery, cheese factory, condensed milk factory or milk depot, and the name of its owner or owners and manager. And it shall be the duty of the proprietor or proprietors of every skimming station, creamery, cheese factory, condensed milk factory or milk depot in this State, where milk or cream is received by purchase or otherwise from three or more persons, to file a report with the Dairy and Food Commissioner, said report to be made on or before April first of each year, upon blanks furnished by said official, and to show the amount of milk or cream received by said skimming station, creamery, cheese factory, condensed milk factory or milk depot during the year ending December thirty-first preceding; and said report shall show the amount of butter, cheese or condensed milk manufactured during the year, together with a list of the names and postoffice addresses of the patrons of said skimming station, creamery, cheese factory, condensed milk factory or milk depot. Every