Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-02-24
REGULATION OF MILK SALE
SENATE BILL OBJECTED TO BY
COMMISSIONERS
Reasons for Recommending Adverse
Acknowledging Regarded as
Undesirabl

In reporting TO Senator Gallinger. chair
man of the Senate District committee, to-
day upon Senate bill 1875, which provides
for the regulation of the sale of milk
and cream in the District. the Commits
sioners recommended adverse action.
In their letter TO Senator Gallinger
upon the bill the Commissioners named
the following reasons why they consider
the proposed legislation unwise and I'M
desirable:
Il. 1t would put premium upon care
lessness on the part o. milk producers
and milk dealers in supervising the work
of their employees. Under the first proviso
liability for an offense committed by an
employe il the offense committed with
out the employers consent 1t is. there
fore, TO the employers interest. if he de-
sfres to evade responsibility for the acts
of his agent. to remain ignorant of what
his employe does. since then he cannot
be said TO give consent TO il.
80. 1t would put premium upon care
lessness on the part of milk dealers win
respect to the quality of the milk and
cream that they offer for sale
Facilitates Sale of Impure Milk.
-. 1t would facilitate the sale of milk
from diseased cows Section under
takes to define. what shall be deemed
adulteration. 1t does not. however.
specifically forbid the sale of milk from
diseased COWS Or COWS about the period of
parturiton but leaves il to the prose-
cutting officer to show by evidence in each
and every case in which the question
arises that the milk or cream from any
such COW is unwhOlesOme. Aside from the
difficulty Of proving this fact in court
of law in each case. different judges and
different iuries might take different views.
even on the same statement OF fact. and
neither the farmer nor the administrative
officer could know how sick COW would
have to be before her milk could not
lawfully be sold
While the proposed law forbids the
sale of milk from COWS that have Deen
fed on swill. garbage or other like SUD-
stances. il makes no such provision with
respect to the sale of cream and skinned
milk, and therefore it may be presumed
that under the proposed law skinned milk
and cream be lawfully sold even
though they come from cows fed on such
materials
~. The proposed separation of the
supervision of the production and sale OF
milk and cream from the supervision OF
the production and sale of food products
generally is undesirable.
Division of Authority
Section 3 creates board OF daily
control to supervise the production and
sale of milk. cream and SKINNED milk.
leaving the supervision of the production
and sale of other foods vested in the
health officer. While the supervision OF
the production and sale of milk differs
in some respects from the supervision of
the production and sale of other foods,
yet the underlying principles are the
same. and the administrative machinery is
essentially similar and is in fact in part
identical. To divide the supervision of
such work would lead TO unnecessary du-
plication of force and equipment.
-. The proposed separation of the SUI
pervision of the production and sale of
milk and cream from the supervision and
control of diseases that may be caused by
milk. and from the supervision and con-
troll OF sanitary affairs generally, would
be inadvisable.
'6 There is no reason for creating a
new board for the enforcement of the pro-
posel law The board of Commissioners is
fully able to do any required work with
respect to such matters.
-. Information with respect to the con-
dition of dairy farms outside of the Dis
trict of Columbia could not under the pro-
pOseG law be obtained.