THE DAIRY AND FOOD LAWS OF THE STATE OF MICHIGAN WITH SUPREME COURT DECISIONS RELATING THERETO JULY 1, 1911 COMPILED AT THE OFFICE OF THE DAIRY AND FOOD DEPARTMENT LANSING, MICHIGAN WYNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS sse LAWS OF MICHIGAN RELATIVE TO INSPECTION AND ADULTERATION OF FOODS AND DRUGS ROD, EXCH'38 POWERS AND DUTIES OF THE COMMISSIONER AN ACT to provide for the appointment of a Dairy and Food Commissioner, and to define his powers and duties and fix his compensation. (Act No. 211, Public Acts, 1893.) 1. (C. L., 4973) Section 1. The People of the State of Michigan enact, That within thirty days after this act shall take effect, the Governor by and with the consent of the Senate, shall appoint a suitable person to be Dairy and Food Commissioner, which office is hereby created, and which commissioner so appointed shall hold his office until the first day of January, one thousand eight hundred and ninety-five, and until his successor is appointed *and qualified. At the next regular session of the legislature and every two years thereafter, the Governor, by and with the advice and consent of the Senate, shall appoint a Dairy and Food Commissioner, who shall hold his office for the term of two years from the first day of January in the year of his appointment and until his successor is appointed and qualified. 2. (C. L., 4974) Sec. 2. The governor shall have power to remove such commissioner at any time in his discretion; but the reasons for such removal shall be laid before the Senate at the next regular or special session of the legislature thereafter, and in case of a vacancy in the office of commissioner from any cause, the Governor may appoint another person to fill the same. 3.(C. L, 4975) Sec. 3. 3. Before entering upon the duties of his office, the person so appointed shall make, subscribe, and file in the office of the Secretary of State, an oath of office in the form prescribed by section one of article eighteen of the constitution of this State, and shall enter into bonds with the people of the State of Michigan in the sum of ten thousand dollars, with sureties to be approved by the Governor, conditioned for the faithful performance of his duties. 4. (C. L., 4976) Sec. 4. Said commissioner shall receive an annual salary of two thousand dollars. The said commissioner is hereby authorized and empowered, by and with the advice and consent of the Governor, to appoint a deputy commissioner. The salary of the deputy commissioner shall be fifteen hundred dollars per annum. The said commissioner may also appoint eight regular inspectors, who shall receive an annual salary not to exceed one thousand dollars per year, and such other special inspectors as the proper performance of the duties of the office may require, which special inspectors shall be paid not to exceed three dollars per day for the time actually employed: Provided, That the amount paid such special inspectors any one fiscal year shall not exceed six thousand dollars. The persons so appointed shall have power to administer oaths in all matters relative to the dairy and food laws and shall take and subscribe the constitutional oath of office and file the same in the office of the Secretary of State; and they shall hold office during the pleasure of the commissioner. The inspectors shall have the same right of access to the places to be inspected as the said commissioner or his deputy. The commissioner shall appoint such clerks as he may deem necessary for the transaction of the business of his office. The salaries and expenses authorized by this section shall be for the unexpired part of the fiscal year ending June thirty, nineteen hundred five, and each fiscal year thereafter. Said salaries are to be paid monthly on the warrant of the Auditor General. The actual and necessary expenses of the commissioner, deputy and inspectors, in the performance of their official duties, shall be audited by the State Board of Auditors and paid upon the warrant of the Auditor General. Such compensation and expenses shall be certified, audited and paid in the same manner as salaries and expenses paid similar officers. The deputy commis sioner and inspectors shall enter into bonds with the people of the State of Michigan in the sum of five thousand dollars each, with sureties to be approved by the commissioner, conditioned for the faithful performance of their respective duties. The board of State Auditors shall provide office room, and the necessary furniture and fixtures and the necessary stationery, supplies and printing for the conducting of the business of said commissioner, on his application to said board therefor. Said office shall be and remain in the city of Lansing. [Am. by Act No. 245, P. A. 1895. Am. by Act No. 154, P. A. 1897. Am. by Act No. 186, P. A. 1901. Am. by Act No. 230, P. A. 1903. Am. by Act No. 12, P. A. 1905.] 5. (C. L., 4977) Sec. 5. The commissioner, by and with the consent of the Governor, shall appoint a suitable and competent person as State Analyst, who shall be a practical analytical chemist. The commissioner, in like manner, may appoint an assistant chemist. Before entering upon the duties of their offices, the analyst and assistant chemist shall take, subscribe and file in the office of the Secretary of State the constitutional oath of office. Their term of office shall continue during the pleasure of the commissioner. The Board of State Auditors shall provide a room in connection with the Dairy and Food Commissioner for the laboratory of the State Analyst and his assistant, and the necessary furniture and fixtures therefor. In case of the absence or inability of the State analyst or his assistant to perform his duty, the commissioner may appoint some competent person to perform the same temporarily, which person shall take, subscribe and file the constitutional oath of office. The salaries and expenses authorized by this section shall be |