Section 51. Milk inspection  


Latest version.
  • The commissioner or his agent, in inspecting
      milk for the purpose of analysis to determine the percentage of  fat  or
      other  milk  solids, shall take duplicate samples thereof and shall seal
      both samples, and shall tender, and, if accepted, deliver one sample  to
      the person from whom the milk was taken. When samples are taken from the
      producer  of  the  milk  sampled or his agent, at a place other than the
      dairy where the milk was produced, the commissioner or his  agent  shall
      within  ten  days  thereafter,  with  the  consent of the producer, take
      duplicate samples of the mixed milk of the herd of cows from  which  the
      milk  first  sampled was drawn, and shall deliver one such sample to the
      producer or his agent and shall submit the other to  analysis.  If  upon
      analysis it proves to contain no higher percentage of milk solids, or no
      higher  percentage of fat, or has no lower freezing temperature than the
      sample first taken, then no action shall lie against  the  producer  for
      violation  of  standards  as established by the commissioner pursuant to
      the provisions of section forty-six-a. If the producer refuses to  allow
      such  herd sample to be taken, then the producer shall be precluded from
      offering any evidence that the milk from  which  the  first  sample  was
      taken  was just as it came from the cow. Where a sample of milk taken by
      the commissioner or his agent consists  of  the  entire  contents  of  a
      container  unopened at the time of taking, no duplicate need be taken or
      tendered or delivered.