Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-08
TO PROTECT DAIRY INTERESTS.
TIT II No 100 I

Act Entitled IAN Act to Protect Dairy
Interests of the State of North Dakota
and to Prevent Fraud in Dairy Products
and to Regulate the Traffic in Adulter-
ated Butter and Cheese"
Be 1t enacted, etc.:
SECTION l. Any person who shall know
sell or offer for tale or procure the
sale of, or make, or manufacture any
article or substance in semblance of butter, |
not the legitimate product of the dairy,
made exclusively of milk or cream, but
into the composition OF which the oil or
fat of animals, or melted Dutter, or any oil
thereof, enters as a substitute for cream.
in tubs, firkins, or other original packages,
not distinctly, legibly and durab]y branded,
stamped or marked in a conspicuous place
with they word ''OleOmargarine" or "butter-I
inc" or "patent BUTTER as the case may be,
in letters not less than one-fOurth of an
inch in width and one-half of an inch in
length, or in retail packages not plainly
and consplcuously labeled with said words
.'oleomargarine, or "butterine," or"patent
BUTTER. as the case may be, shall be guilty
of a miSdemeanOr, and punished by a fine |
not less than S$25, nor more than 800, or |
be confined in the county Jail not less |
than ten nor more than ninety days, or
6oth such n and imprisonment, in the
discretion of the court.
SEC. 2. Any person or firm who shall
sell or offer for sale, or make or manufac-
ture imitation butter, or butter made of
part cream and part caseine or other in
gradients under what is known as the
Guinness patent" Or process, or any other
similar process. whereby the caseine of
milk n other ingredients are made to
initiate and resemble genuine butter made
from cream, shall stamp each package OF
the same on the top and side with lamp
black and oil the words "patent butter'' in
letters at least n fourth Of an inch wide
and n e.half of an inch long. Whoever
violates the provisions of this section is
guilty of a misdemeanor, and shall be
punished for each offense by a fine of not
less than 1925, nor more than 500, or shall
be confined in the county Jail not less
than ten nor more than ninety days or
both such fine and imprisonment in the
discretion of the court.
SECS Any person or firm who shall
sell or offer for sale or make or manufac-
'ture out OF any oleaginous substance or
substances or any compound of the same,
or any other compound other than that
produced from unadulterated milk, any
article designed to take the place OF cheese,
or any imitation of cheese produced from
pure milk, or any article termed filled
cheese" shall stamp each package of the
same on the top and side with lampblack
Inc oil the words, "flled cheese,' or words
that shall designate the exact character
and quality of the product, in letters at
least one-fOurth OF an inch wide and one
halt of an inch long. Whoever violates
misdemeanor and shall BIZ punished for
each otfense by a fine of not less than 1926,
nor more than $500, or shall be confined in
the county Jail not less than ten nor more
than ninety days or both such fine and i'm
%prisonment in the discretion of the court.
SEC. 4: Whoever sells Or offers for sale
any imitation or patent butter or cheese,
as described in the foregoing sections Of
this act. shall give to each purchaser of
said goods a printed card stating correctly
the different ingredients contained in the
said compound. Whoever violates the
provisions OF this section is guilty of a mis-
demeanOr, and shall be punished for each
offense by a fine of not less than ;S2s, nor
more than 500, or shall be confined IN the
county Jail not less than ten nor more than
ninety days, or both such fine and inn
%pris0nment in the discretion of the court.
SEC. 8. The having in possession by any
person or firm Of any article or substance
prima facie evidence that the same is kept
!. by such person or firm in violation OF the
provisions OF this act, and the state dairy
commissioners shall be authorized to seize
upon and take possession OF any such
article or substance, and upon the order OF
any court which has jurisdiction under
this act he shall sell the same for any pur-
pose other than to be used for food; the
proceeds derived from fines and the sale of
Imitation butter shall be paid One-half to
the infOrmer n n half into the state
treasury, to be placed to the credit of the
state dairy commissioners fund.
SEC. +. Samples or specimens of any
articles in the in itatiOn of butter suspected
Of being of a spurious character, shall be
analysed or otherwise satisfactorily tested
as to compounds by the chemist Of the agri.
cultural college at Fargo, free of expense,
and a certificate of analysis, sworn to by
the a%nalyZer, shall be admissible as evil
dence in all prosecutions under this act.
SEC. Z. The sale or offer for sale OF the
substance mentioned in the foregoing Sec
ton IN packages not branded, stamped.
marked, or labeled as therein required,
shall be prima facie evidence OF knowl-
edge OF the character OF such substance on
the part of the person SO selling or offering
for sale, and his employer.
SEC. 8. For the purpose of this act the
term "butter and cheese" shall be under
stood to mean the products usually known
by those names, m which is manufac-
tured exclusively from milk or cream or
both.
SEC. 9. Every cheese factory, creamery,
or combined cheese factory n creamery,
engaged in the manufacturing of butter
and cheese, shall procure a stencil or brand
bearing a suitable device and words which
shall clearly designate the quality Of the
product manufactured, and the number
and location Of the factory, and may con-
tain a special or private brand or name of
said factory. Every brand shall be used
upon the outside Of the cheese and also
upon the package containing the same, but
in case of butter on the package only, and
shall report annually to the state commits
sioner OF agriculture and labor, who by
virtue of his office is ex-oficio state dairy
commissioner, the name, location, and
number of each factory using the said
brand, and the name or names of the per-
sons at each mandatory authorized to
use the same, together with a copy of such
stencil or brand, and said state dairy com
missioner shall keep a book in which shall
be registered the same. Whoever violates
the provisions of this section shall be
guilty of a misdemeanOr, and shall be
punished by a fine OF not less than $40
or more than $50 for each and every
offense.
SEC. 10. Nothing in this act shall be so
construed as to prohibit the shipment of
butter and cheese without unloading
through the state of North Dakota.
SEC. IL. All acts or parts of acts in con-
f1ict with this act are hereby repealed.
Emergency clause.)
Approved March Is, 1895.
PROTECTION OF FISH.
rs. B. No. 1853.
An Act Entitled "An Act Constituting the
State Superintendent of Irrigation and
Forestry the Safe Fish Commissioners