As amended to the commencement of the session of 1896. L. 1893, Ch. 338 — An act in relation to agriculture, constituting articles one, two, three, four and five of chapter thirty-three of the general laws. [Became a law April 10, 1893, taking effect immediately.] CHAPTER XXXIII OF THE GENERAL LAWS. Article I. General provisions. (§§ 1-12.) II. Dairy products. (§§ 20-37.) III. Adulterated vinegar. (§§ 50-53.) IV. Diseases of domestic animals. (§§ 60-71.) V. Miscellaneous provisions (§§ 80-90.) VI. Laws repealed. (§§ 100-101.) [Thus am. by L. 1895, ch. 395, § 6, taking effect April 25, 1895.] Section 1. Short title. ARTICLE I. 2. Commissioner of agriculture. 3. Power of commissioner, his assistants and employes. 4. Expert butter and cheesemakers. 5. Annual report. 6. Certificate of chemist presumptive evidence. 7. Evidence; principal's liability for acts of agent. 8. Prosecution for penalty. 9. Disposal of fines and moneys recovered. 10. When injunction may be obtained. 11. When prosecution shall not be compelled to elect. 12. Inspection, how conducted. § 1. Short title. This chapter shall be known as the agricultural law. S$ 2, 3. Ch. 33, G. L. L. 1893, ch. 338. § 2. Commissioner of agriculture. There shall be a department of the state government known as the department of agriculture, which shall be charged with the execution of the laws relating to agriculture and agricultural products. The commissioner of agriculture shall be the chief of the department. The New York state dairy commissioner shall be the commissioner of agriculture until his successor shall be appointed and qualified. The commissioner of agriculture shall be appointed by the governor, by and with the advice and consent of the senate. His term of office shall be three years. He shall be paid an annual salary of four thousand dollars and his necessary expenses not to exceed five hundred dollars, incurred in the discharge of his official duties. He may appoint a director of farmers' institutes and such clerks and assistant commissioners and employ such clerks, chemists, agents and counsel as he may deem necessary for the proper enforcement of such laws and the proper administration of the department, who shall receive such compensation as may be fixed by him and their necessary expenses. The compensation of his clerks, assistants and other persons employed by him and such necessary expenses shall be paid on his certificate by the treasurer on the warrant of the comptroller. All other charges, accounts and expenses of the department authorized by law shall be paid by the treasurer on the warrant of the comptroller, after they have been audited and allowed by the comptroller. The trustees of public buildings shall furnish suitable rooms for the use of the department in the new capitol. [As to rooms for the department, see, also, Pub. Build. L., § 3, sub. 1. L. 1893, ch. 726 (supply bill of 1893, at p. 1840) contains the following clause: "The provisions of law relating to the state dairy commissioner shall be applicable to the commissioner of agriculture, and references to provisions of law repealed by the agricultural law shall be construed to refer to the corresponding provisions of the agricultural law." To the same effect as the last clause of this quotation is Stat. Const. L., § 32. ante, p. 119.] § 3. Powers of the commissioners,* his assistant and employes. The commissioner of agriculture, his clerks, assistants, experts, chemists, agents and counsel employed by him, shall have full access to all places of business, factories, farms, build ings, carriages, cars and vessels used in the manufacture, sale or transportation within the state of any dairy products or any *So in the original. L. 1893, ch. 338. Ch. 33, G. L. 4-7. imitation thereof, or of any article or product with respect to which any authority is conferred by this chapter on such commissioner. They may examine and open any package, can or vessel containing or believed to contain, any article or product, which may be manufactured, sold or exposed for sale in viola tion of the provisions of this chapter, and may inspect the contents therein, and take therefrom samples for analysis. § 4. Expert butter and cheese makers.-The commissioner of agriculture may appoint and employ not more than five expert butter and cheese makers, who shall, under his direction, examine and inspect butter and cheese factories and attend at agricultural fairs, societies and meetings designated by the commissioner, to impart thereat information as to the best and most improved method of making butter and cheese and improving the quality thereof. § 5. Annual report. The commissioner of agriculture shall make an annual report to the legislature on or before January fifteenth, of his work and proceedings for the year ending September thirtieth, next preceding which shall include a statement in detail of the number of assistant commissioners, chemists, experts, agents, and counsel employed under the provisions of this chapter during such year, and their compensation, expenses and disbursements; and also a statement in detail of the expenditures of moneys appropriated for the state agricultural society, the county agricultural societies and the New York agricultural experiment station; and other agricultural purposes and estimates of the amounts required for all such purposes for the ensuing year. He may require the state agricultural society and the county agricultural societies to make reports to him and prescribe the form of such reports. § 6. Certificate of chemist presumptive evidence.- Every certificate, duly signed and acknowledged, of a chemist, analyst or other expert employed by the commissioner of agriculture or any analysis, examination or investigation made by such analyst, chemist or expert with respect to any matter or product which the commissioner has authority to examine or cause to be examined, shall be presumptive evidence of the facts therein. stated. § 7. Evidence; principal's liability for act of agent.-The doing of anything prohibited by this chapter shall be evidence of the violation of the provisions of this chapter relating to the thing so prohibited, and the omission to do anything directed $$ 8-10. Ch. 33, G. L. L. 1893, ch. 338. to be done shall be evidence of a violation of the provisions of the chapter relative to the thing so directed to be done. The intent of any person doing or omitting to do any such act is immaterial in any prosecution for a violation of the provisions of this chapter. Any person who suffers, permits or allows any violation of the provisions of this chapter by his agent or servant or in any room or building occupied or controlled by him, shall be deemed a principal in such violation and liable accordingly. § 8. Prosecution for penalties.-Whenever the commissioner of agriculture shall know or have reason to believe that any penalty has been incurred by any person for a violation of any of the provisions of this chapter, or that any sum has been forfeited by reason of any such violation, he may cause an action or proceeding to be brought in the name of the people for the recovery of the same. § 9. Disposal of fines and moneys recovered. One-half of all moneys recovered, either as penalties, forfeitures or other wise, for the violation of any of the provisions of this chapter, and from fines imposed as a punishment for any criminal offense committed in violation of the provisions of this chapter, or of the penal code relating to the punishment of criminal offenses committed in violation of the provisions of law for the prevention of frauds in the manufacture or sale of any of the articles or products to which this chapter relates, shall be paid by the court or the clerk thereof to the city or county where the recovery shall be had or fine collected, for the benefit of the poor of such city or county, except in the city and county of New York and the city of Brooklyn, where the same shall be paid to the proper authorities, and equally divided by them between the pension funds of the police and fire departments. The residue of such moneys shall be paid into the treasury of the state, and paid out by the treasurer, upon the warrant of the comptroller, for the purpose of defraying the expenses of the department of agriculture, audited by the comptroller. The same disposal shall be made of all moneys recovered upon any bond given by any officer by virtue of the provisions of this chapter. § 10. When injunctions may be obtained. In an action in the supreme court for the recovery of a penalty or forfeiture incurred for the violation of any of the provisions of this chapter an application may be made on the part of the people |