The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-12-13

delivering. or keeping or having in his pos
session with intent TO sell, furnish, supply OF
deliver said milk, or with the knowledge anu
in the presence of his agent or servant may
be sent TO the Vermont State Agriculture
Experiment Station to be tested And 'ue
result Of such test shall be deemed oompetens
evidence in such prosecutions. SAID samples
shall be placed in tin or glass vessels, securely
sealed, and label stating the time when, the
place where, the sample was drawn, from
whose milk taken, and signed by the person
taking the sample and by one or more dlslh-
terested witnesses. Upon request OF the per-
son from whose milk the sample is taken, OF
the request OF his agent or servant, similar
sample, taken according to the provisions oil
this section, shall be delivered to such person
or his agent OF servant, for which written
receipt shall be given TO the person taking OF
drawing the sample.
SEC. 3. The standard which shall govern
the Experiment Station in making tests I'M
der this act shall be as follows: If the milk
is shown, upon analysis, to contain less than
twelve and One-half per centum of total sol
ids or to contain less than nine and one-fourth
per centum of total solids exclusive of fat, it
shall be 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 centum
of total solids shall be deemed to be not of
good standard quality. The tests made by
strued as exclusive evidence in prosecutions
under this act. An officer or employe of said
Experiment Station found guilty Of any fraud
in making tests under this act shall be fined
one thousand dollars.
SEC. 4. Whoever brands, marks, or other
wise desgnates, or causes or permits to be
branded, marked, or otherwise designated as
creamery" butter or cheese, any butter or
cheese or the package in which it is contained,
not manufactured at creamery, or sells or
offers any butter or cheese so branded for
sale OF disposal shall be fined not less than
fifty dollars nor more than three hundred
dollars for each offence. Provided, however,
that nothing in this act shall be so construed
as to prevent any person branding, marking
or otherwise designating the product of his
dairy as private creamery, but in all such
cases the name of the maker shall be plainly
marked on each package so branded, marked
or otherwise designated.
SEC. 8. No person shall be entitled to use
the words creamery" or private creamery"
in branding, marking or otherwise designating
his butter and cheese, or the packages in
which il is contained, without first having
filed with the secretary of state sworn state
ment, setting forth that the butter and cheese
manufactured by him and which he brands,
marks or otherwise designates creamery"
or private creamery" butter and cheese, Is
made from pure, unadulterated milk or the
cream thereof, and further setting forth the
particular means by which his creamery and
his butter and cheese may be designated from
other creameries and other butter and cheese,
and that he is the manufacturer of the butter
and cheese so branded, marked or otherwise
designated. Upon the receipt by the secre-
tary of state of such sworn statement, with
two dollars for a certificate, which money
shall be handed over by him to the treasurer
of the state, the secretary of state shall issue
his certificate of the filing of the sworn state
ment embodying therein the material facts
of said statement. Such certificate shall en-
title the person therein named to use the
word creamery" or "private creamery" on
his butter and cheese and packages containing
the same one year from the date thereof.
SEC. g. Justices shall have concurrent jul
risdiction with the county court in prosecu-
tons under this act.
SEC. T. All acts or parts of acts inconsist-
ent herewith are hereby repealed.
SEC. s. This act shall take effect on the
first day of January, A. D., 1889
Approved November q, 1888.