The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1890-12-11

No. 53.-AN ACT to prevent deception in the
sale of dairy products, and TO preserve the
public health.
1t is hereby enacted by the general assembly
of the State Of Vermont:
Section 1. No person, by himself, his agents
or servants, shall render or manufacture out of
any animal fat, or animal or vegetable oils not
produced from unadulterated milk or cream
any article in imitation or semblance of natural
butter or cheese produced from pure nadul-
terated milk or cream, nor mix, compound
with, or add to milk, cream or butter any acids
or other deleterious substances, or animal fats
or animal or vegetable oils not produced from
milk or cream, SO as to produce any article or
substance, or any human food in imitation or
semblanee OF natural butter or cheese. Who
ever violates the provision OF this section shall
be fined not less than one hundred dollars, nor
more than three hundred dollars, or not less
than Blk months, nor more than one years i'm
prisonment for the first offence and shall be
punished by fine Of not less than three hun
bred dollars, nor more than one thousand dol
lars, or by Imprisonment for one year, for each
subsequent offence. Half Of the fine shall go
to the complainant.
Sec. 2. Whoever by himself, his agents or
servants, shall sell, expose for sale, or have in
his possession with intent to SELL any article or
compound made in imitation of butter, and not
wholly made from milk or cream, and that is
of any other color than pink, shall, for every
package that he or they sell or expose for sale,
be fined the sum of fifty dollars, and for each
subsequent offence shall be fined the sum of
one hundred dollars. Half of the fine shall go
to the complainant.
Sec. 3. Any proprietor or keeper of hotel,
restaurant, boarding house, eating saloon, or
other place where food is furnished to persons
paying for the same, where there is placed upon
the table or held in his possession with intent to
use, any article or compound made in imitation
of butter, and not wholly made from milk or
cream, and that is of any other color than pink,
shall be deemed selling and as offering for sale
as butter, such substance resembling butter,
within the meaning and intent and contrary to
the provisions of this act, and shall be fined
the sum Of fifty dollars for the first offence and
for each subsequent offence shall be fined one
hundred dollars. Half Of the fine shall go to
the complainant.
Sec. 4. The complainant in any action
brought under this act, may cause specimens or
suspected butter or cheese to be analyZed of
otherwise satisfactorily tested as to color and
compounds and the expense Of such analysis
or test not exceeding twenty dollars, in any
one case, may be included in the costs of pros
ecution in all cases prosecuted under this act
Sec. o. For the purposes Of this act, the term
butter shall be understood TO mean the product
usually known by that name. and which is
manufactured exclusively from milk or cream
or both, and with or without salt or coloring
matter.
Sec. 6. A justice Of the peace may grant a
warrant for searching, in the daytime, any
store, hotel, boarding house or other place
where oleomargarine, butterine OF other sub
stance initiating or resembling natural butter
or cheese is suspected to be kept or concealed,
where the discovery Of such articles may tend
to convict a person, or persons, of an offence
under this act. Such warrant shall not be
granted except upon the oath Of some credit
able person, that he has reason to suspect and
does suspect that such an article OF articles are
kept or concealed in the place or places to be
searched.
Sec. T. Number seventy-one Of the acts of
eighteen hundred eighty-six Is hereby repealed.
Sec. 8. This act shall take effect from its
passage.
Approved November IS, 1890.