STATE BOARD OF AGRICULTURE
AN ACT to provide for the purity of milk and milk products for commercial purposes.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That for the purpose of this Act condensed, evaporated and concentrated milk is defined as the product resulting from the evaporation of a considerable portion of the water from the fresh clean lacteal secretion, colostrum free, obtained by the complete milking of cows properly fed and kept, said product to contain when made from whole milk or from milk with adjustment, if necessary, of the ratio of fat to non-fat solids by the addition or by the abstraction of cream without added sugars all tolerances allowed at least twenty-five and five tenths per centum (25.5%) of milk solids and not less than seven and eight-tenths per centum (7.8%) of milk fat provided, however, that the sum of the percentage of milk fat and total milk solids be not less than thirty-three and seven-tenths per centum (33.7%) when made from whole milk with added sugars all tolerances allowed at least eight per centum (8%) of milk fat and when made from skimmed milk to contain all tolerances allowed at least twenty per centum (20%) of milk solids.
Section 2. It shall be unlawful for any person, firm or body corporate by himself, herself, itself or themselves or by his, her, its or their agents, servants or employees to manufacture, sell or exchange or have in possession with intent to sell or exchange any condensed, evaporated or concentrated milk which shall not conform at least to the minimum standards set forth respectively in section one hereof and when contained in hermetically sealed cans does not bear stamped or labeled thereon the name and address of the manufacturer thereof.
Section 3. It shall be unlawful for any person, firm or body corporate by himself, herself, itself or themselves or by his, her, its or their agents, servants or employees to manufacture, sell or exchange or have in possession with intent to sell or exchange any milk, cream or skimmed milk whether or not condensed, evaporated, concentrated, powdered, dried or dessicated to or with which has been added, blended or compounded any fats or oils other than milk fats either under the name of said products or articles or the derivatives thereof if labeled or sold under any fictitious, coined or trade names whatsoever.
Section 4. Any violation of the provisions of this Act is hereby declared to be a misdemeanor and any person whether individually or as a member of a partnership or as a responsible agent or officer of an incorporate body who shall be convicted of such violation either on his own behalf or in the interest of a corporate body shall be sentenced to undergo an imprisonment of not less than thirty (30) days nor more than sixty (6o) days or to pay a fine of not less than fifty (50) dollars nor more than one hundred ($100) dollars or both.
Section 5. Should any section or any part of a section or section hereof become or be declared to be inoperative or void for any cause or reason whatsoever the remainder of the sections or of such sections shall be and remain in full force and effect.
Section 6. The State Board of Agriculture shall be charged with the enforcement of the provisions of this Act. Nothing contained in this Section shall be construed to prevent any individual from prosecuting any one violating any of the provisions of this Act.
Section 7. That reasonable time may be allowed to dealers for the disposal of commodities, the sale of which is prohibited by this Act, which they may have in stock for sale at the time of the enactment into law of this Act, this law shall not become effective until thirty days after its Effective, when enactment. Section 8. All Acts or parts of Acts inconsistent herewith are hereby repealed.
Approved March 28, A. D. 1923.