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“An act in relation to farms and markets, constituting chapter sixty-nine of the consolidated laws," as added by chapter three hundred and sixty-three of the laws of nineteen hundred and twenty-two, is hereby amended to read as follows:1

§ 214-a. Samples. The commissioner is hereby empowered to enact, amend and repeal rules prescribing the number, nature and size of samples of food to be taken in the enforcement of this article.

§ 2. This act shall take effect immediately.

CHAPTER 360

AN ACT to amend the farms and markets law, in relation to the control

and suppression of the plant disease commonly known as "orange" or

“cedar rust." Became a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

amended.

Section 1. Subdivisions one and four of section one hundred and L. 1922, seventy-one-a of chapter forty-eight of the laws of nineteen hun-991718, dred and twenty-two, entitled “An act in relation to farms and subds. 1, 4 markets, constituting chapter sixty-nine of the consolidated laws, such section having been added by chapter eight hundred and fifty-four of the laws of nineteen hundred and twenty-three, are hereby amended to read, respectively, as follows:

1. Fruiting apple districts defined. Districts where the cultivation of orchards for the production of apples is carried on extensively, and is an important commercial enterprise, may be letermined and designated as “fruiting apple districts,

" and in such districts the provisions of ihis section shall apply. The location and extent of such districts shall be determined by the state commissioner of farms and markets.1

4. Authority to eradicate and compensation. Agents or employees of the state department of farms and markets may enter upon any land, in order to carry out the provisions of this section, and no action for trespass shall lie therefor. No compensation shall be allowed for any tree or trees destroyed, unless the owner of such lands file a claim for compensation with the state department of farms and markets within six months after the tree or trees are so destroyed, and the rate of compensation to be allowed upon such claim shall be determined by the state commissioner of farms and marketso after giving due consideration to any and all benefit or benefits which have accrued or may accrue to said claimant or his property as an offset to the amount of any such claim.

$ 2. This act shall take effect immediately.
1 Section materially amended.
1 Words “and the conservation commissioner » omitted.
2 Words " and the conservation commission” omitted.

3

CHAPTER 361

L, 1922,
ch. 48,
§ 268,
subd. (9)
amended.

of state aided

commis. sioner of

AN ACT to amend the farms and markets law, in relation to public markets.
Became a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present.
The People of the State of New York, represented in Senate and Assembly,
do enact as follows:

Section 1. Subdivision nine of section two hundred and sisty. eight of chapter forty-eight of the laws of nineteen hundred an: twenty-two, entitled "An act in relation to farms and markets, constituting chapter sixty-nine of the consolidated laws,” is lierely

amended to read as follows: Supervision (9) Upon the acquisition of lands by the city and the dedication

or assignment thereof for use as public markets, and the complecity public tion of the construction of new public markets thereon or of the

repair and improvement of existing public markets as provided herein, such public markets, 'if the state contributed financial aid to the establishment thereof, upon specific request, as herein provided, shall be under he directiori of the department of public markets of the city, subject to the supervision and control of the commissioner of farms and markets, such supervision and control to be exercised only when and to the extent that the commis

sioner of farms and markets deems necessary for the safeguardReports to ing of the interests of the state in such markets. The commissioner

of public markets shall submit to the commissioner of farms and farms and markets a report at least once in each period of three months, or

oftener if required by the commissioner, containing a statement of the fees and other receipts collected for the use of the public markets, for the construction, repair or improvement of which the state has contributed as provided herein. The commissioner shall prescribe the form of such reports and may inspect through officers, employees or agents of the department of farms and markets the books and accounts of the commissioner of markets

of such city, for the purpose of determining the amount received Payment for the use of such public markets. The commissioner of public

markets in such city semi-annually shall pay to the department receipts

of farms and markets such proportion of the net receipts collected for the use of such public markets, including services, licenses and privileges and of renting space therein, as the payments by the state under the provisions of this section, for the acquisition of lands for public markets and the construction, repair or improvement of public markets, bear to the total amount expended for the acquisition of such lands and the construction, repair or improvement of public markets, including the appraised value of lands owned by the city and of existing public markets so repaired or improved. The net receipts shall be ascertained by deducting

of proportion

of

1 Remainder of sentence materially amended. : Word "semi-annually” new.

to state.

from the gross receipts the expenses of operating such markets
according to rules of the department of farms and markets. The
amount so paid to the department shall be turned into the state
treasury to the credit of the general fund.

§ 2. This act shall take effect immediately.

CHAPTER 362

AN ACT to amend the farms and markets law, in relation to compensation

of owners of animals killed by the state.
Became a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present.
The People of the State of New York, represented in Senate and Assembly,
do enact as follows:

Section 1. Section eighty-eight of chapter forty-eight of the I: 1922, laws of nineteen hundred and twenty-two, entitled "An act in 88 relation to farms and markets, constituting chapter sixty-nine of repealed the consolidated laws," is hereby repealed and a new section eighty, added. eight inserted in place thereof, to read as follows:

§ 88. Compensation of owners of animals killed by the State. The following provisions shall govern the payment of indemnity to owners of animals killed pursuant to the provisions of this article:

1. If upon post-mortem examination evidence of a dangerously infectious or communicable disease is not found, indemnity equal to the appraised value of the animal shall be paid, not exceeding the sum of one hundred and twenty-five dollars for a registered pure bred bovine animal or for a purebred bovine animal two years of age or less, not registered but eligible for registry, for which application for registration has been made prior to the appraisal and not exceeding the sum of seventy-five dollars for any other bovine animals and not exceeding the sum of one hundred and twenty-five dollars for an equine animal.

2. If upon post-mortem examination of a bovine animal, evidence of tuberculosis be found, indemnity equal to ninety percentum of the appraised value of the animal shall be paid, not exceeding the sum of one hundred and twelve dollars and fifty cents for a registered pure bred animal or for a pure bred animal two years of age or less not registered, but eligible for registry, for which application for registration had been duly made prior to the appraisal, and not exceeding the sum of sixty-seven dollars and fifty cents for any other bovine animal.

The owner shall be entitled to receive and retain the net proceeds of the sale of the animal or of the carcass thereof. The total amount received by the owner from such proceeds and the indemnity paid by the state, and the indemnity paid or to be paid by the federal government, shall not exceed the appraised value of the animal. If such proceeds and such indemnities would exceed such appraised value, then the indemnity to be paid by the state shall

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not exceed the difference between the appraised value and such proceeds.

4. No indemnity shall be paid to any person who shall have made any false representation, oral or written, in applying to the commissioner for an examination of his herd of cattle, or who shall have violated any agreement with the state regarding such herd, entered into pursuant to section seventy-nine of this chapter or otherwise, or who shall have failed to obey any instructions or directions given him by the commissioner in respect to the control or eradication of any infectious or communicable disease among his animals or who shall have failed to obey any provision of this article.

5. If upon post-mortem examination of an equine animal evidence of glanders be found, and such animal shall not have exhibited physical symptoms of such disease, indemnity equal to ninety per centum of the appraised value, or so much thereof as shall not exceed the sum of one hundred and twenty-five dollars, shall be paid. If the animal shall have exhibited such physical symptoms of glanders, indemnity equal to twenty-five per centum of the appraised value, or so much thereof as shall not exceed the sum of one hundred and twenty-five dollars, shall be paid.

6. No indemnity shall be paid unless the animal, if a bovine, shall have been within the state of New York for at least six months, and if an equine, for at least twelve months.

7. If animals are slaughtered or property destroyed by order of the commissioner to control, suppress or eradicate the disease known as aphthous fever, or foot and mouth disease, compensation shall be made to the owners of the animals slaughtered or the property destroyed, but not more than two hundred dollars shall be paid on account of any bovine animal.

8. Except as hereinabove provided, no indemnity shall be paid for any animal which, upon post-mortem examination, is found to have the disease on account of which it was killed, or any dangerously infectious or communicable disease.

§ 2. This act shall take effect immediately.

CHAPTER 363

AN ACT to amend the farms and markets law, in relation to cold storage

of foods.

Became a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Sections two hundred and thirty-four, two hundred and thirty-eight and two hundred and forty of chapter fortyeight of the laws of nineteen hundred and twenty-two, entitled "An act in relation to farms and markets, constituting chapter

L. 1922, ch. 48, 88 234, 238, 240 amended.

sixty-nine of the consolidated laws,” are hereby amended to read as follows:

§ 234. Cold storage food to be marked. No person, firm or corporation shall place, receive or keep in a cold storage warehouse any articles of food unless the same shall be plainly marked, branded, stamped or tagged, either upon the container in which they are stored or upon the article of food itself, with the day, month and year when the same is received in storage; and, except as hereinafter provided, no person, firm or corporation shall remove, or allow to be removed, such article of food from any cold storage warehouse, unless the same shall be plainly marked, branded, stamped or tagged, either upon the container in which the said food is removed from storage or upon the food itself, with (a) the name and location of the warehouse where it has been in storage or such other designation for identifying the warehouse as may be approved by the commissioner, and (b) the words cold storage", except that these words may be omitted when the date of removal is not more than thirty days subsequent to the date when such food was first placed in cold storage either within or without the state, and (c) the day, month and year when the food was received in storage, and (d) the day, month and year in which the said food was removed from storage. Such mark, brand, stamp or tag shall be prima facie evidence of such receipt, removal, and the dates thereof. In the case of food which is received for temporary storage for less than thirty days, the marks above required may be placed upon a tag to be attached either to the container or to the food itself, and if such food is withdrawn from storage within thirty days such tag may be removed. Food so received for temporary storage shall, for the purpose of identification, be placed separate and apart from other food.

§ 238. Time that cold storage foods may be kept. It shall be unlawful for any person, firm or corporation, to keep or permit to remain in any cold storage warehouse, any article of food which has been held in cold storage, either within or without the state, for a longer agregate period than twelve calendar months. ?The commissioner may, from time to time, upon application in writing, extend the period of storage beyond twelve months for any particular article of food, provided such food is found, upon examination by the department, to be in wholesome condition for further storage. The length of time for which such further storage is allowed shall be specified in the order granting the extension of time, and a copy of the order shall be furnished to the warehouse in which such food is stored. In case any article which has been in cold storage in another state shall be placed in storage in any cold storage warehouse in this state, the mark, brand, stamp or tag thereon, if any, shall be presumptive evidence of such storage and of the period of such storage. Any person, firm or corporation to whom a license to operate a cold storage warehouse 1 Remainder of section new. * Following sentence new.

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