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This entry was published on 2014-09-22
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Presumptions in regard to cream and skim milk
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 4
§ 52. Presumptions in regard to cream and skim milk. When cream is
separated or skimmed from milk at any station or establishment where
milk is received from producers for the purpose of selling the same or
shipping the same to market for consumption as food and the supply of
milk on hand thereat at the time of the next regular daily shipment of
milk therefrom, consisting of the total amount of milk in such shipment,
together with that remaining on hand immediately after such shipment, is
not thereby decreased or correspondingly less than the total quantity
received during any period extending from some point of time before such
skimming was done until the time of such shipment, together with the
amount of milk on hand at the commencement of such period, and such
decrease is not equal in amount to the quantity of milk that must have
been used in so separating such cream in addition to the quantity
otherwise there used or disposed of during such period, such fact is
conclusive that skim milk or other foreign substance was added to such
milk supply within such period and shall be presumptive evidence within
the meaning of this section that the same was added to each can or
vessel of milk in such shipment. When cream or skim milk is found to
have been on the premises of any such station or establishment or is
sold or shipped therefrom, such cream or skim milk so found or so sold
or shipped therefrom shall be presumed to have been produced by
separating or skimming at such station or establishment. In any action
or proceeding relative to the adulteration of milk by removing cream
therefrom or adding skim milk or other foreign substance thereto, it
shall be presumed that when cream has been produced by so skimming or
separating or butter has been manufactured, there was made at least five
quarts of milk in the production of each quart of cream so produced and
there was necessarily so produced thereby at least four quarts of skim
milk to each quart of cream so produced, and that there was used at
least nine quarts of milk in the production of each pound of butter so