of the commissioner of agriculture and the audit and warrant of the comptroller. § 292. State fair. It shall be the duty of the said commission to hold a state fair at such times as they may deem proper, except that said state fair shall not be held on the first Monday in September, known as Labor day, and between January first and February fifteenth in each calendar year to publish the time of holding said fair in such year. It shall not be lawful for any corporation, association or individual to hold or conduct any trotting or pacing race or races during the week in which the state fair is held, except upon half-mile tracks, and except at the fairs held by agricultural societies which have received moneys from the state, and no corporation, association or individual holding such races during said week shall be entitled to any of the benefits conferred by article twenty of the membership corporations law, or by any general or special law. Such commission may make, alter, suspend or repeal needed rules relating to such fair, including the times and duration thereof, the terms and conditions of entries and admissions, exhibits, sale of privileges, payments of premiums, and any other matters which they may deem proper in connection with such fair. They shall furnish to each person who, on the seventeenth day of January, nineteen hundred, was a life member of the state agricultural society, a free admission to the fair ground during the fair of each year during the life of such member. § 293. Superintendent of state fair; assistants and employees. The state fair commission may appoint a superintendent of the state fair and such other assistants and employees as they may deem necessary. They may prescribe their duties and fix their compensation. Such superintendent, assistants and employees shall be subject to removal at the pleasure of such commission. § 294. Receipts and disbursements. The commission shall receive all moneys payable to the state on account of said fair, and make all disbursements therefrom and also from any appropriation made for that purpose by the legislature as may be needed, from time to time, in carrying on the work of the commission. The provisions of section thirty-seven of the state finance law requiring that money received for or on behalf of the state shall be paid monthly into the state treasury shall not apply to the state fair commission, and such commission may pay from the race and other entry fees, gate admissions and other receipts of such fair such expenses as shall be necessary for the proper conduct of the fair and the purposes of the commission. On or be 55 § 293 a '10 c 366 fore the first day of January of each year the commission shall pay to the state treasurer any balance remaining in their hands received in connection with the state fair, and at the same. time file with the comptroller an itemized verified report showing all receipts and disbursements for state fair purposes since the last report, together with the vouchers therefor approved by said commission. ARTICLE 14 Miscellaneous Provisions Section 300. The prevention of disease among bees. 301. Defining honey. 302. Relative to selling a commodity in imitation or semblance of honey. 303. Duties of the commissioner. 304. The prevention of disease in trees, shrubs, plants and vines and the extirpation of insect pests that infest the same. 305. Action to be taken by the commissioner of agriculture relative to nursery stock affected with or by contagious or infectious disease or diseases or infested with insect pest or pests and providing for issuing certificates relative to nursery stock apparently free from such diseases and pests, regulating the use thereof, defining nursery stock, providing for fumigation, forbidding the bringing into the state such diseases or insect pests. 306. The New York agricultural experiment station. 307. The director of the New York agricultural experiment station to publish bulletins. 308. The state weather bureau. 309. Institutions designated to receive United States moneys. 310. Receipt and apportionment of moneys for the promotion of agriculture. 311. Distribution of moneys appropriated for certain agricultural societies. 312. Annual report to the commissioner of agriculture and state society. 313. Lease of grounds of agricultural societies and corporations. 314. Manufacture and sale of imitation maple sugar and syrup prohibited. 315. Branding and labeling of maple sugar and syrup mixtures. Section 316. Association of farmers; powers of. 317. County judge may appoint policemen or constables. 318. Registration of rural residences. § 300. The prevention of disease among bees. No person shall keep in his apiary any colony of bees affected with a contagious malady known as foul brood or black brood; and every beekeeper when he becomes aware of the existence of either of such diseases among his bees, shall immediately notify the commissioner of agriculture of the existence of such disease. § 301. Defining honey. The terms "honey," "liquid or extracted honey," "strained honey," or "pure honey," as used in this article, shall mean the nectar of flowers that has been transformed by, and is the natural product of the honey-bee, taken from the honeycomb and marketed in a liquid, candied or granulated condition. § 302. Relative to selling a commodity in imitation or semblance of honey. No person or persons shall sell, keep for sale, expose or offer for sale, any article or product in imitation or semblance of honey branded as "honey," "liquid or extracted honey," "strained honey" or "pure honey" which is not pure honey. No person or persons, firm, association, company or corporation, shall manufacture, sell, expose or offer for sale, any compound or mixture branded or labeled as and for honey which shall be made up of honey mixed with any other substance or ingredient. There may be printed on the package containing such compound or mixture a statement giving the ingredients of which it is made; if honey is one of such ingredients it shall be so stated in the same size type as are the other ingredients, but it shall not be sold, exposed for sale, or offered for sale as honey; nor shall such compound or mixture be branded or labeled with the word "honey" in any form other than as herein. provided; nor shall any product in semblance of honey, whether a mixture or not, be sold, exposed or offered for sale as honey, or branded or labeled with the word "honey," unless such article is pure honey. § 303. Duties of the commissioner. The commissioner of agriculture shall immediately upon receiving notice of the existence of foul brood or black brood among the bees in any locality, send some competent person or persons to examine the apiary or apiaries reported to him as being affected, and all the other apiaries in the immediate locality of the apiary or apiaries so reported; if foul brood or black brood is found to exist in them, the person or persons so sent by the commissioner of agriculture shall give the owners or caretakers of the diseased apiary 11 e 798 or apiaries full instructions how to treat said cases. The commissioner of agriculture shall cause said apiary or apiaries to be visited from time to time as he may deem best and if, after proper treatment, the said bees shall not be cured of the diseases known as foul brood or black brood then he may cause the same to be destroyed in such manner as may be necessary to prevent the spread of the said diseases. For the purpose of enforcing this article, the commissioner of agriculture, his agents, employees, appointees or counsel, shall have access, ingress and egress to all places where bees or honey or appliances used in apiaries may be, which it is believed are in any way affected with the said disease of foul brood or black brood or where it is believed any commodity is offered or exposed for sale in violation of the provisions of this article. No owner or caretaker of a diseased apiary, honey or appliances shall sell, barter or give away any bees, honey or appliances from said diseased apiary, which shall expose other bees to the danger of said diseases, nor refuse to allow the said commissioner of agriculture, or the person or persons appointed by him to inspect said apiary, honey or appliances, and do such things as the said commissioner of agriculture or the person or persons appointed by him shall deem necessary for the eradication of said diseases. Any person who disregards or violates any of the provisions of this section is guilty of a misdemeanor and shall be punished by a fine of not less than thirty dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than one month nor more than two months, or by both fine and imprisonment. § 304. The prevention of disease in trees, shrubs, 58 $ 304 plants and vines and the extirpation of insect pests that infest the same. No person shall knowingly or wilfully keep any plum, peach, almond, apricot, nectarine or other trees affected with the contagious disease known as yellows. No person shall knowingly or wilfully keep any peach tree affected with the disease known as little peach. Nor shall any person knowingly or wilfully keep any trees or plants affected with the contagious disease or fungus known as black knot nor any tree, shrub, plant or vine infested with or by the San Jose scale or other insect pest dangerously injurious to or destructive of the trees, shrubs or other plants; every such tree, shrub, plant or vine shall be a public nuisance, and as such shall be abated and no damage shall be awarded for entering upon premises upon which there are trees, shrubs, plants or vines which may be infected with yellows, little peach or black knot or infested with San Jose scale or other insect pest, for the purpose of legally inspecting the same, nor shall any damage be awarded for the destruction by the commissioner of agriculture, or his duly authorized agents, or repre sentatives of such trees, shrubs, plants or vines if necessary or proper to suppress such disease or pest, if done in accordance with the provisions of this article, except as otherwise herein provided. Every person, when he becomes aware of the existence of such disease or insect pest in any tree, shrub, plant or vine owned by him, shall forthwith report the same to the commissioner of agriculture at Albany, New York, and the said commissioner shall take such action as the law provides. If in the judgment of said commissioner of agriculture or the person or persons representing him, the trees, shrubs, plants, vines, boxes, containers or packing material so infected, infested or diseased should be destroyed or there is reasonable ground to believe that such trees, shrubs, plants, vines, containers or packing material are or may be so infected, infested or diseased that they should be destroyed, then such destruction shall be carried on and completed under the supervision of the commissioner of agriculture or the person or persons duly appointed by him and authorized so to do, without unnecessary delay, but the owner of the trees, shrubs, plants, vines, boxes, containers or packing material shall be notified imme diately upon its being determined that such trees, shrubs, plants vines, boxes, containers or packing material should be destroyed, by a notice in writing signed by said commissioner or the person or persons representing him, which said notice in writing shall be delivered in person to the owner of such trees, shrubs, plants. vines, boxes, containers or packing material or left at the usual place of residence of such owner, or if such owner be not a resident of the town, by leaving such notice with the person in charge of the premises, trees, shrubs, plants, vines, boxes, containers or packing material or in whose possession they may be; such notice shall contain a brief statement of the facts found to exist whereby it is deemed necessary or proper to destroy such trees, shrubs, plants, vines, boxes, containers or packing material and shall call attention to the law under which it is proposed to destroy them. and the owner shall within ten days from the date upon which such notice shall have been received, or such shorter time as the commissioner of agriculture may designate, remove and burn all such diseased or infested trees, shrubs, plants, vines, boxes, containers or packing material. If, however, in the judgment of the commissioner of agriculture, any trees, shrubs, plants, vines, boxes, containers or packing material infected with any such disease or infested with dangerously injurious insects can be successfully treated with remedies, he may direct such treatment to be carried out by the owner under the direction of the commissioner's agent or agents; any person refusing or failing to comply with the directions of the commissioner of agriculture or his duly authorized agents in carrying on the work of extirpating dangerously |