but this shall not be construed to prohibit the use of salt in butter or cheese, or spirituous liquors in club or other fancy cheese or sugar in condensed milk. No person or persons, firm, association or corporation shall induce or attempt to induce any person or persons to violate any of the provisions of the agricul tural law. Any person, firm, association or corporation selling, offering or advertising for sale any substance, preparation or matter for use in violation of the provisions of the agricultural law shall be guilty of a violation of this act.

SEC. 2. This act shall take effect immediately.

As my former reports to your honorable body show, when this statute was first passed it was practically impossible to enforce it according to its terms from the fact that being a penal statute the State in making a case was obliged to make it within the terms of the statute and prove all the facts, as they will not be taken for granted by the court. Among the things to be shown in a case for violation of this statute would be that the commodity was renovated butter. Here our difficulty was found as this commodity is butter-fat and the chemists were analytically unable to determine that it had been submitted to the process mentioned in the statute, and, therefore, unable to state posiitively that it was renovated butter. They were only willing. to say that in their judgment it probably was renovated butter. A statement of this kind, even under oath, I was advised by my attorneys was not sufficient evidence under the statute upon which to secure a conviction. For that reason I have called a meeting of the different chemists doing work for the Department on several different occasions at Albany for discussion as to the methods of analyses being used and whether they could not be so improved as to strengthen the weak points in a case relative to this commodity. For that purpose I have requested and instructed that special investigating work be done, as much as possible, due consideration being had to other work that must be done for the Department. Up to this time they have not been able to find a method of analysis by which they can determine with sufficient accuracy to be able to swear upon this point in court but are making progress in that direction. In the meantime the national government has passed a statute, generally known as the Grout bill, some provisions of which apply to

renovated butter, giving the Department of Agriculture of the national government power to issue rules and regulations in accordance therewith relative to the manufacture and sale of said commodity. The provisions of the statute will be found on another page of this report.

It will be seen by examining the statute that there is a distinction made between pure renovated butter and a commodity composed of renovated butter and some foreign fat. The latter is defined adulterated butter. Pure renovated butter pays a tax of one-quarter of one cent per pound, while the adulterated butter must pay a tax of ten cents per pound for the purpose of the provisions of this act. Tax certificates are issued which must be placed upon the commodity when manufactured. This being done is proving a great aid to the work in this State in this commodity by helping essentially at the weak point above referred to, viz.: in the point of identifying the commodity. The result is that certain dealers in this State who are inclined to ignore the provisions of the State statute are now placed in a peculiar position. If they buy renovated butter or have the commodity in their possession with the United States stamp upon it which identifies its nature, this evidence together with the evidence our chemists are able to produce relative to the commodity, will probably have a sufficiently deterring effect so that as a whole the commodity will be sold as and for renovated butter under a proper observation of our State statute. After the pas sage of the national law, one of the first cases made in the State was at Buffalo, N. Y., by the agents of this Department. It is entitled the People v. The defendant was, in the judgment of our agents at that point, not only violating the State statute but probably the national statute. In order to determine this fact before making a raid upon the premises where the goods were being manipulated or handled, I notified the Department of Agriculture at Washington, D. C. That Department sent an agent who, in company with the agents of this Department, entered the place where the defendant was transacting business and cases were made by both the national government and this Department against said defendant. The method of operating was to buy renovated butter in boxes or tubs properly stamped or

marked as required by the national government, remove the commodity therefrom and do it up in reprints upon which are placed creamery labels and selling same as fresh creamery butter. There are, of course, some violations of this law still continued but we are at work now endeavoring to find such violators in order to stop them. Prior to doing this, however, I issued to the dealers throughout the State copies of the renovated butter law by having them distributed by the assistant commissioners through their agents in their respective divisions, instructing them to notify the dealers to the effect that the conditions were such that I now believed it possible to maintain a case in court and future violators of this act would be, when detected, followed by prosecution.

This commodity is produced in fifty-two counties of this State. The quantity manufactured during the last decade in the State of New York is indicated by the quantities manufactured biennially as shown by the reports made by this Department as follows:

It may be fairly stated that New York stands at the front in the manufacture of this product, manufacturing more in quantity and as good, if not better in quality, and it has come to have a reputation as a whole of being uniform and first grade. This result is due in a large degree to the efforts put forth by the educational branch of this Department. In that branch of work