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am 1901

C.308

meanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars, nor more than two hundred dollars, or by imprisonment of not less than one month nor more than six months or by both such fine and imprisonment, for the first offense; and by six months imprisonment for the second offense. (As amended by chap. 554 of 1897, § 1; chap. 558 of 1898, § 1; chap. 435 of 1899; chap. 76 of 1900, and chap. 559 of 1900.)

ARTICLE III.

ADULTERATED VINEGAR.

SECTION 50. Definition of adulterated vinegar.

51. Manufacture and sale of adulterated or imitation vinegar prohibited.

52. Packages containing cider vinegar to be branded.

53. Penalties.

§ 50. Definition of adulterated vinegar.-All vinegar which contains any proportion of lead, copper, sulphuric acid, or other ingredients injurious to health, or any artificial coloring matter or which has not an acidity equivalent to the presence of at least four and one-half per centum, by weight, of absolute acetic acid, or cider vinegar which has less than such an amount of acidity, or less than two per centum of cider vinegar solids on full evaporation over boiling water, shall be deemed adulterated. The term, cider vinegar, when used in this article means vinegar made exclusively from pure apple juice.

§ 51. Manufacture and sale of adulterated or imitation vinegar prohibited. No person shall manufacture for sale, keep for sale or offer for sale :

I. Any adulterated vinegar.

2. Any vinegar or product in imitation or semblance of cider vinegar, which is not cider vinegar.

3. As or for cider vinegar, any vinegar or product which is not cider vinegar.

$52. Packages containing cider vinegar to be branded.Every manufacturer or producer of cider vinegar shall plainly brand on the head of each cask, barrel keg or other package containing such vinegar, his name and place of business and the words "cider vinegar." And no person shall mark or brand as or for cider vinegar any package containing that which is not cider vinegar.

853. Penalties.-Every person violating the provisions of this article shall forfeit and pay to the people of the state the sum of one hundred dollars for each violation.

Diseases of Domestic Animals.

ARTICLE IV.

$$ 60-62

Article remodeled.

DISEASES OF DOMESTIC ANIMALS.

SECTION 60. Suppression of infectious or contagious disease.
61. Commissioner to issue notice.
62. Farms to be quarantined.

63. Detention and destruction of animals.
64. Employment of veterinary surgeons.

65. Regulations and enforcement thereof.
66. Penalties.

67. Expenses.

68. Compensation to owners of animals destroyed.
69. Federal regulations.

70. Rights of federal inspectors.

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71. Calf carcasses unhealthy or under four weeks old.
72. Calf carcasses to be tagged.

73. Untagged calf carcasses not to be carried.

§ 60. Suppression of infectious and contagious disease.Whenever any infectious or contagious disease except tuberculosis. and glanders affecting domestic animals shall be brought into or break out in this state, the commissioner of agriculture shall take measures to promptly suppress the same, and to prevent such disease from spreading. (As amended by chap. 118 of 1900.)

§ 61. Commissioner to issue notice. He shall issue and publish a notice, stating that a specified infectious or contagious disease exists in any designated county or other geographical district of the state, and warning all persons to seclude in the premises where they may be at the time, all animals within such county or district, that are of a kind susceptible to contract such disease, and ordering all persons to take such precautions against the spreading of the disease, as the nature thereof may in his judgment render necessary or expedient, and which he may specify in such notice. Such notice shall be published in such newspapers, and be posted in such manner as the commissioner may designate, and as, in his judgment, are most likely to give notice thereof.

62. Farms to be quarantined. The commissioner or an assistant commissioner, shall order any premises, farm or farms where such disease exists, or recently existed, to be put in quarantine, so that no domestic animal be removed from or brought to the premises or places quarantined, and shall prescribe such regulations as he may judge necessary or expedient to prevent

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the communication of the disease by infection or contagion, in any way from the places so quarantined.

§ 63. Detention and destruction of animals.-The commissioner or an assistant commissioner, may order all or any animals coming into the state to be detained at any place or places for the purpose of inspection and examination. He may prescribe regulations for the destruction of animals affected with infectious. or contagious disease, and for the proper disposal of their hides and carcasses, and of all objects which might carry infection or contagion. Whenever, in his judgment necessary, for the more speedy and economical suppression or prevention of the spread of any such disease, he may cause to be slaughtered, and to be afterwards disposed of, in such manner as he may deem expedient, any animal or animals, which, by contact or association with diseased animals, or by other exposure to infection or contagion, may be considered or suspected to be liable to contract or communicate the disease sought to be suppressed or prevented.

§ 64. Employment of veterinary surgeons.-The commis sioner may employ such and so many medical and veterinary practitioners and such other persons as he may, from time to time, deem necessary to assist him in discharging the duties imposed upon him by this article, and may fix their compensation. All persons now employed by the governor for such purposes shall continue in the employ of the commissioner upon the same terms, until such employment shall be terminated or modified by the commissioner. No animal shall be destroyed by the commissioner or by his order, on the ground that it is a diseased animal, unless first examined by a medical or veterinary practitioner in the employ of the commissioner under this section, nor until such practitioner renders a certificate to the effect that he has made such examination, that in his judgment such animal is affected with a specified infectious or contagious disease, or that its destruction is necessary in order to suppress or aid in suppressing such disease, or to prevent such disease, or to prevent the spread thereof specifying the reasons for such necessity.

§ 65. Regulations and the enforcement thereof. The commissioner may prescribe such regulations as in his judgment may be thought suited for the suppression or prevention of the spread of any such disease, and for the disinfection of all premises, buildings, railway cars, vessels and other objects from or by means of which infection or contagion may take place or be conveyed. He

See note 1.2715

Diseases of Domestic Animals.

§§ 66-69

may alter or modify, from time to time, as he may deem expedient, the terms of all notices, orders and regulations issued or made by him, and may at any time cancel or withdraw the same. He may call upon the sheriff or deputy sheriff, to carry out and enforce the provisions of any notice, order or regulation which he may make, and all such sheriffs and deputy sheriffs shall obey and observe all orders and instructions which they may receive from him in the premises. If the commissioner shall quarantine any particular district or territory for the purpose of stopping or preventing the spread of the disease known as rabies and if any dog be found loose within the said quarantine district in violation of said quarantine or regulation, any person may kill or cause to be killed such dog and shall not be held to be liable for damages for such killing. (As amended by chap. 118 of 1900.)

§ 66. Penalties.- Any person violating, disobeying or disregarding the terms of any notice, order or regulation, issued or prescribed by the commissioner under this article, shall forfeit to the people of the state the sum of one hundred dollars for every such violation.

§ 67. Expenses.-All expenses incurred by the commissioner in carrying out the provisions of this article and in performing the duties herein devolved upon him shall be audited by the comptroller as extraordinary expenses of the department of agriculture, and paid out of any moneys in the treasury appropriated for such purposes.

§ 68. Compensation to owners of animals destroyed.—The actual value at the time they are killed of any animals slaughtered under the provisions of this article, shall be paid to the owners of such animals. For the purpose of ascertaining and determining such value, the commissioner, or any agent appointed by him under this article, shall appoint one appraiser, the owner of the animals killed shall appoint another, and the two thus appointed shall select a third, and the three shall appraise the amount to be paid to the owner of the animals. The board of claims shall have exclusive jurisdiction to hear, audit and determine all claims which shall arise under the provisions of this article for compensation for animals slaughtered, and to allow thereon such sums as should be paid by the state. No compensation shall be made to any person who has willfully concealed the existence of disease among his animals or upon his premises, or who in any way by act or by willful neglect, has contributed to spread the disease sought to be suppressed or prevented.

§ 69. Federal regulations.-The commissioner of agriculture may accept, in behalf of the state, the rules and regulations prepared and adopted by the commissioner of agriculture or the secretary or department of agriculture of the United States,

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under any act of congress for the establishment of a bureau of animal industry or to prevent the exportation of diseased cattle or to provide means for the extirpation and suppression of pleuropneumonia and other contagious diseases among domestic animals and shall co-operate with the authorities of the United States in the enforcement of the provisions of any such act.

8 70. Rights to federal inspectors.-The inspectors of the bureau of animal industry of the United States shall have the right of inspection, quarantine and condemnation of animals. affected with any contagious, infections or communicable disease, or suspected to be so affected or that may have been exposed to any such disease, and for such purposes they may enter upon any ground or premises; they may call the sheriffs, constables and peace officers to assist them in discharge of their duties in carrying out the provisions of any such act; and all sheriffs, constables and peace officers shall assist such inspectors when so requested, and such inspectors shall have the same power and protection as peace officers, while engaged in the discharge of their duties. This state shall not be liable for any damages or expenses caused or made by any such inspectors.

§ 71. Calf carcasses unhealthy or under four weeks old.-No person shall slaughter, for the purpose of selling the same for food, or expose for sale or sell within this state, or bring or cause to be brought into any city, town or village within this state for food any calf or carcass of the same, or any part thereof except the hide, unless it is in good, healthy condition, and was at least four weeks of age at the time of killing. Any person or persons duly authorized by the commissioner of agriculture, may examine any calf or veal found within this state offered or exposed for sale, or kept with intent to sell as food, and if, such calf is under four weeks of age, or the veal is from a calf killed under four weeks of age, or from a calf in an unhealthy condition when so killed, he may seize the same and cause it to be destroyed or disposed of in such manner as to make it impossible to be thereafter used as food. (Added by chap. 491 of 1898, § 1.)

$72. Calf carcasses to be tagged.-On and after the passage of this act it shall be unlawful for any corporation, partnership, person or persons to ship to or from any part of this state any carcass or carcasses or a calf or calves or any part of such carcass except the hide, unless they shall attach to every carcass or part thereof so shipped in a conspicuous place a tag, that shall stay

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