Page:Revised Codes of the State of North Dakota 1895.pdf/1389

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Adulterated Dairy Products.
PENAL CODE.
§§ 7611-7648

informer and one-half into the state treasury, to be placed to the credit of the state dairy commissioner's fund.

§ 7644. Specimens analyzed. Certificate. Evidence. Samples or specimens of any article in imitation of butter or suspected of being of a spurious character, shall be analyzed or otherwise satisfactorily tested as to compounds by the chemist of the agricultural college at Fargo, free of expense; and a certificate of the analysis, sworn to by the analyzer, shall be admissible as evidence in all prosecutions under this chapter.

§ 7645. Packages not branded or labeled. The sale or offer for sale of the substance mentioned in the foregoing section in packages not branded, stamped, marked or labeled as in this chapter required, shall be prima facie evidence of knowledge of the character of such substance on the part of the person so selling or offering the same for sale, and his employer,

§ 7646. Stencils. Names. Reports. Every cheese factory, creamery, or combined cheese factory and creamery, engaged in the manufacture 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 contain 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 the case of butter, on the package only; and shall report annually to the state commissioner of agriculture and labor, who by virtue of his office is state dairy commissioner, the name, location and number of each factory using the said brand, and the name or names of the persons at each manufactory authorized to use the same, together with a copy of each stencil or brand, and the state dairy commissioner 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 ten nor more than fifty dollars, for each and every offense.

§ 7647. Provisions construed. Nothing in this chapter shall be so construed as to prohibit the shipment of butter and cheese without unloading through the state of North Dakota.

§ 7848. Butter and cheese defined. For the purposes of this chapter the term "butter," or "cheese," shall be understood to mean the product usually known by that name, and which is manufactured exclusively from milk or cream or both. 1355