Section 48. Receptacles to be cleansed before returning; receptacles may be seized; evidence; violation  


Latest version.
  • Whenever any can or receptacle is used  for  transporting  or conveying milk, cream or curd to market for the purpose
      of selling or furnishing the same for consumption as human food, or  for
      manufacturing into human food, which can or receptacle, when emptied, is
      returned or intended to be returned to the person so selling, furnishing
      or  shipping such substance to be again thus used, or which is liable to
      continued use in so transporting, conveying, selling  or  shipping  such
      substance as aforesaid, the consumer, dealer or consignee using, selling
      or receiving the milk, cream or curd from such can or receptacle, shall,
      before so returning such can or receptacle remove all substances foreign
      to  milk  therefrom,  by  rinsing with water or otherwise. When any such
      milk, cream or curd is sold within any city of  this  state  or  shipped
      into  any  such  city,  the fact of such shipment or sale shall be prima
      facie evidence that the same was so shipped or sold for  consumption  as
      human  food  or to be manufactured into human food. When any such can or
      receptacle is returned or delivered or shipped to any person or creamery
      so selling such substance within, or shipping the same into  such  city,
      it  shall  be  deemed  that  such  can  or  receptacle is liable to such
      continued use in so selling  or  shipping  such  substance  therein  for
      consumption  as  human  food  within  the  meaning  and purposes of this
      article. No person shall place or suffer to be placed in any such can or
      receptacle any sweepings, refuse, dirt, litter, garbage,  filth  or  any
      other  animal  or  vegetable  substance, nor shall any such consignee or
      other person through himself, his agent or employee, bring or deliver to
      any person or railroad or other conveyance any such  can  or  receptacle
      for  the  purpose  of  such  return,  or  any milk, cream or curd can or
      receptacle for the purpose of delivery or  shipment  to  any  person  or
      creamery   engaged  in  so  selling  or  shipping  such  substances  for
      consumption as human food, which can or receptacle contains such foreign
      substance or which has not been rinsed  as  herein  provided.  The  word
      "curd"  as used in this article applies to the substance otherwise known
      as "pot cheese" or "cottage cheese." Whenever any such can or receptacle
      is used, returned, delivered or shipped in  violation  of  this  article
      every  such  use,  return,  delivery  or  shipment  of  each such can or
      receptacle shall be deemed a separate violation thereof.  Such  cans  or
      receptacles so used, returned, delivered or shipped in violation of this
      article  may be seized by the commissioner, his assistants or agents and
      held as evidence of such violation.