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to the Dairy Commissioner before the first day of November of each year, every person or corporation who shall engage in the business of purhcasing or dealing in milk shall attach in a permanent manner to each can furnished by him or it to the producer a tag containing in plain figures a correct statement of the capacity thereof. Any neglect or failure or false statement on the part of any proprietor or manager of such creamery, cheese factory, dairy or milk vendor or milk peddler, shall be considered a misdemeanor, and upon conviction thereof shall be punished by a fine as provided in section 13: Provided, That any information thus furnished shall be published only in such form as to show totals and averages, and not the details of the business of any individual or concern.
Sec. 5. No person, by himself, his agents or his servants, shall render or manufacture, sell, offer for sale, expose for sale, or have in his possession with intent to sell or serve for patrons, guests, boarders or inmates of any hotel, eating house, restaurant, public conveyance or boarding house or public or private hospital, asylum, school or eleemosynary or penal institution, any article, product or compound made wholly or partly out of any fat, oil or oleaginous substance or compound thereof, not produced directly and wholly at the time of manufacture from unadulterated milk or the cream from the same, with or without harmless coloring matter, which shall be in imitation of yellow butter produced from pure, unadulterated milk or the cream from the same: Provided, That nothing in this act shall be construed to prohibit the manufacture and sale of oleomargarine in a separate and distinct form, and in such manner as will advise the consumer of its real character, free from coloration or ingredient that causes it to resemble butter, or the use of the same by patrons, guests, boarders or inmates of any hotel, eating house, restaurant, public conveyance or boarding house, when signs are displayed in a
conspicuous place that may be easily read from any point of the room.
Sec. 6. It shall be unlawful for any person to sell, or offer for sale or exchange, or have in his possession for sale, any cheese containing any substance salt, rennet and harmless coloring matter, other than that produced from pure milk or cream, or both, or from pure skimmed or pure half-skimmed milk.
Sec. 7. There shall be appointed by the Governor, by and with the consent and advice of the Senate, one competent person who shall be denominated the Dairy Commissioner, whose term of office shall continue four years from and after the first Monday in April after his appointment, subject to removal for cause by the Governor, or until his successor be appointed and qualified.
Sec. 8. Before entering upon his duties said Dairy Commissioner shall file with the Secretary of State a good and sufficient bond in the sum of five thousand dollars ($5,000) conditioned for the faithful discharge of his duties under this act.
Sec. 9. That section nine of an act entitled "An act regulating the manufacture of dairy products, prevent deception or fraud in the sale of the same, or imitation thereof, providing for the appointment of a Dairy Commissioner, and defining his duties, imposing certain duties upon a Chemist of State institutions, providing penalties for violation of this law, making an appropriation, approved March 7, 1899, he and the same is hereby amended to read as follows: Section 9. Said Dairy Commissioner may appoint one or more deputies whenever he is unable to perform all the duties of his office without assistance. They shall hold office at the pleasure of the Dairy Commissioner, who may summarily remove any such deputy whenever in his judgment the public service calls for such removal. L. '05, Ch. 92, p. 196, Sec. 1.
Sec. 10. It shall be the duty of the Dairy Commissioner to devote his entire time and attention to the dairy interests of the State of Washington,
to enforce all laws that now exist or that may be hereafter enacted in this state regarding the production, manufacture or sale of dairy produce, and personally to inspect any articles of milk, butter, cheese, or imitations thereof, made or offered for sale within the 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 dairy products contrary to law.
Sec. 11. It shall be the duty of the chemist of any state institution to correctly analyze, without extra compensation, and without other charge to the state than necessary traveling expenses, any and all substances that the Dairy Commissioner may send to any of them and report to him without unnecessary delay the result of any analysis so made, and when called upon by said Dairy Commissioner, any such chemist shall assist him in prosecuting violators of the law, by giving testimony, either expert or otherwise.
Sec. 12. The Dairy Commissioner or his deputies shall have power, in the performance of their official duties, to enter any creamery, cheese or condensed milk factory, store, salesroom, warehouse, or any place or building where he has reason to believe that any dairy products or imitations of dairy products are kept, made, prepared, sold, or offered for sale or exchange; 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; he may seize or take any such article for analysis: Provided, That 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 was taken, seal up two samples of the article seized or taken, one of which shall be for examination or analysis under the direction of
said commissioner, and the other of which shall be delivered to the person from whom the article is taken.
Sec. 13. Any person who shall violate any of the provisions of this act, or who shall obstruct the Dairy Commissioner in the performance of his duties under this act by refusing him entrance to any place enumerated in the preceding section, or by refusing to deliver to him any dairy products or imitations thereof upon demand, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine of not less than twenty-five dollars ($25), nor more than one hundred dollars ($100), or by imprisonment for not less than one month or more than six (6) months, or by both such fine and imprisonment.
Sec. 14. The Dairy Commissioner shall receive an annual salary of twelve hundred dollars ($1,200) and his necessary expenses in the discharge of his duties under this act: Provided, That such expenses shall not exceed
one thousand dollars ($1,000).
Sec. 15. It shall be the duty of the Attorney General or the prosecuting attorney in any county of the state, when called upon by the Dairy Commissioner, to render any legal assistance in their power to execute, the laws and to prosecute cases arising under the provisions of this act: Provided, That the Dairy Commissioner may employ special counsel when necessary.
Sec. 16. The Secretary of State, the professor of agriculture of the agricultural college and the Dairy Commissioner are hereby created a State Board of Dairy Commissioners ex-officio.
Sec. 17. The State Board of Dairy Commissioners shall receive no compensation for their services as such board, but shall be allowed necessary traveling expenses. All accounts for expenditure incurred or made pursuant to the provisions of this act shall be approved and certified by said State Board of Dairy Commisioners before presentation to the State Auditor.
Sec. 18. The State Board of Dairy Commissioners shall biennially, on December first, report to the Governor of this state a full account of their actions under this act; also the operations and results of this, and any other laws pertaining to the dairy industry of the state; a full account of all expenses and disbursements of the board; as full and complete statistics as it is in their power to collect pertaining to the manufacture, imports and exports of dairy products within the state for the biennial term; and shall make suggestions as to the need of further legislation on this subject.
Sec. 19. All expenses incurred under the provisions of this act shall be audited by the State Auditor upon bills being presented, properly certified by the Board of Dairy Commissioners, and the said Auditor shall, from time to time, draw warrants upon the State Treasurer for the amounts thus audited.
Sec. 20. To carry out the provisions of this act, there is hereby appropriated out of the general fund of the state for the term beginning April 1, 1899, six thousand dollars ($6,000).
Sec. 21. One-half of all fines collected under the provisions of this act shall be paid to the State Treasurer and placed to the credit of the general fund and the remainder to be paid forthwith into the treasury of the county in which the conviction is obtained.
Sec. 22. All clerks, bookkeepers, express agents, railroad officials, employes, or employes of common carriers shall render to the Dairy Commissioner and his deputies all the assistance in their power in tracing, finding, or discovering the presence of any article named in this act. Any refusal or neglect on the part of such clerks, bookkeepers, express agents, railroad officials, employes, or employes of common carriers to render such friendly aid shall be a misdemeanor, punishable by fine of not less than twenty-five ($25) nor more than one hundred dollars ($100), or by imprisonment for not less than one month or more than six months,