No. 161, A.]

LAWS OF 1893.

[Published April 11, 1893.

CHAPTER 109.

AN ACT to amend section 9, chapter 452, of laws of 1889, relating to the office of dairy and food commissioner.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. Section 9 of chapter 452 of the laws of 1889, is hereby amended by striking out the words "an annual" where they occur in the third line of the said section, and inserting in lieu thereof, the words "a biennial;" also by striking out the word "annually" where it occurs in the tenth line of said section, and inserting in lieu thereof the word "biennially;" so that the said section shall read as follows: Section 9. Said commissioner shall be furnished a suitable office in the capitol at Madison, and shall make a biennial report to the governor, which shall contain an itemized account of all expenses incurred and fines collected, with such statistics and other information as he may regard of value, and with the consent of the governor, not exceeding 20,000 copies thereof, limited to 300 pages, may be published biennially as other official reports are published, and of which 5,000 copies shall be bound in cloth.

Section 2. This act shall take effect and be in force from and after its passage and publication.

Approved April 6, 1893.

No. 189, A.]

[Published April 26, 1893.

CHAPTER 228.

AN ACT to regulate the branding of cheese.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. No person shall offer for sale, sell, ship or consign cheese labeled with a false brand or label, as to the quality of the article.

Section 2. The state dairy and food commissioner is hereby authorized and directed to issue to the cheese manufactories of the state, upon proper application therefor and under such regulations as to the cus

tody and use thereof as he may prescribe, a uniform stencil or brand, bearing a suitable device or motto and the words "Wisconsin Full Cream Cheese."

Section 3. Every brand issued shall be used upon the side of the cheese on the bandage thereof, also upon the package containing the same, and shall bear a different number for each separate manufactory and the commissioner shall keep a book in which shall be registered the name, location and number of each manufactory using the said brand, and the name or names of the persons at each manufactory, authorized to use the same.

Section 4. It shall be unlawful to use or permit such brand to be used upon any other than full cream cheese or package containing the

same.

Section 5. Every person who shall at any cheese factory in the state manufacture skimmed cheese, shall distinctly and durably stamp upon each and every such cheese, and upon the box, the words "Wisconsin Skimmed Cheese." All cheese not manufactured as in sections 1, 2, 3 and 4 of this act, shall be deemed to be skimmed cheese under the provisions of this act. The brand herein provided by this section of this act, for designating the grade and quality of cheese provided by this section, shall be such as to produce an impression not less than three inches in width and five inches in length, and shall be in full-faced capital letters of as large size as the space hereby provided for will permit, and the whole to be included within a plain heavy border. Ordinary stamping ink, either red, green or violet in color, and of such composition as not to be easily removed or wholly obliterated by moisture, shall be used in stamping as provided for by this section.

Section 6. Whoever violates the provisions of this act shall be deemed guilty of a misdemeanor, and for each and every package so falsely branded, or omitted to be branded as herein provided, shall be punished by a fine of not less than twenty-five nor more than fifty dollars, one half of which shall be paid to the person or persons furnishing the evidence upon which such conviction is made.

Section 7. All acts or parts of acts inconsistent with the provisions of this act, are hereby repealed.

Section 8. This act shall take effect and be in force from and after its publication.

Approved April 17, 1893.

REPORT OF THE COMMISSIONER.

The Legislature of 1889 passed a law, creating the office of Dairy and Food Commissioner for the State of Wisconsin, which clearly defines the duties and power of the office as set forth in the Laws of Wisconsin, relating to the office and duties of Dairy and Food Commissioner, as issued in pamphlet form by the Commissioner, June 15th., 1891, a copy of which is hereto annexed.

OF THE OFFICE AND DUTIES OF THE FOOD AND DAIRY COMMISSIONER.

Chapter 452, Laws of 1889.

SECTION 1. The office of Dairy and Food Commissioner for the state of Wisconsin, is hereby created. Such commissioner shall be appointed by the governor, by and with the advice and consent of the senate, and his term of office shall be for two years from the date of his appointment, and until his successor is appointed and qualified; provided, that the term of office of the commissioner tirst appointed under this act shall expire on the first Monday in February, 1891, and vacancies occurring in the office for any cause shall be filled by appointment for the balance of the unexpired term. The salary of the commissioner shall be twenty-five hundred dollars per annum and his necessary and actual expenses incurred in the discharge of his official duties.

SECTION 2. Such commissioner may with the consent and advice of the governor, appoint two assistants, each of acknowledged standing, ability and integrity, one of whom shall be an expert in the matter of dairy products and the other of whom shall be a practical analytical chemist. The salaries of such assistants shall not exceed eighteen hundred dollars each per annum and their necessary and actual expenses incurred in the discharge of their official duties.

SECTION 3. It shall be the duty of the commissioner to enforce all laws that now exist, or may hereafter be enacted in this state regarding the production, manufacture or sale of dairy products, or the adulteration of any article of food or drink or of any drug, and personally or by his as

2-D. & F.

sistants, to inspect any article of milk, butter, cheese, lard, syrup, coffee or tea, or other article of food or drug made or offered for sale within this state, which he may suspect or have reason to believe to be impure, unhealthful, adulterated or counterfeit, and to prosecute, or cause to be prosecuted any person or persons, firm or firms, corporation or corporations, engaged in the manufacture or sale of any adulterated or counterfeit article or articles of food or drink or drug, contrary to the laws of this state.

SECTION 4. Said commissioner or any assistant shall have power in the performance of his official duties to enter any creamery, factory, store, salesroom or other place or building where he has reason to believe that any food or drink or drug is made, prepared, sold or offered for sale, and to open any cask, tub, package or receptacle of any kind containing, or supposed to contain, any such article, and to examine or cause to be examined and analyzed the contents thereof, and the commissioner or any of his assistants may seize or take any article of food or drink or drug for analysis, but if the person from whom such sample is taken shall request him to do so he shall at the same time, and in the presence of the person from whom such property is taken, securely seal up two samples of the article seized or taken, the one of which shall be for examination or analysis under the direction of the commissioner, and the other of which shall be delivered to the person from whom the articles were taken. And any person who shall obstruct the commissioner or any of his assistants by refusing to allow him entrance to any place where he desires to enter in the discharge of his official duty, or who refuses to deliver to him a sample of any article of food or drink or drug made, sold, offered or exposed for sale by such person, when the same is requested and when the value thereof is tendered, shall be deemed guilty of a misdemeanor punishable by a fine of not exceeding twenty-five dollars for the first offense and not exceeding five hundred dollars or less than fifty dollars for each subsequent offense.

SECTION 5. It shall be the duty of the district attorney in any county of the state, when called upon by the commissioner or any of his assistants to render any legal assistance in his power to execute the laws, and to prosecute cases arising under the provisions of this act, and all fines and assessments collected in any prosecution begun or caused to be begun by said commissioner or his assistants shall be paid into the state treasury.

SECTION 6. With the consent of the governor, the state board of health may submit to the commissioner, or to any of his assistants, samples of water or of food or drink or drugs, for examination or analysis, and receive special report showing the result of such examination or analysis. And the governor may also authorize the commissioner or his assistants when not otherwise employed in the duties of their offices, to render such assistance in the farmers' institutes, dairy and farmers' conventions, and the agricultural department of the university, as shall by the authorities be deemed advisable.