may be required." Violation is punishable by a maximum fine of $500 or imprisonment for not more than 6 months or both.12 Weighers, Samplers, or Testers The commissioner prepares the rules and regulations for the examination of persons engaged in weighing, sampling, or testing of milk or cream bought or sold on a butterfat basis.18 Milk Regulation Board 1. GENERAL AUTHORITY The milk regulation board 14 supervises the inspection of dairies, and the production, care, handling, marketing, or sale of milk or cream in the State, and is charged with the protection of the public against insanitary milk or milk detrimental to the public health. The board hears appeals from orders prohibiting the sale of certain milk or cream in any town, city, or borough and may affirm, modify, or rescind any such order. Two weeks' notice must be given of the public hearing on rules and regulations.15 After public hearing, the board is authorized to make, amend, repeal, or suspend rules and regulations governing the production, transportation, processing, handling, sampling, examination, grading, labeling, and sale of milk and milk products, and the inspection of dairy herds, dairies, and milk plants.1 Judicial review is provided whereby an aggrieved party may appeal to the superior court in the jurisdiction in which he resides. The court may hear the appeal de novo or may appoint a committee to hear the appeal and may affirm, modify, or rescind such rule, regulation, or order.17 "Gen. Stat. (Supp. 1935), sec. 959c (A), (B), (C), (D), (E), (F), (G), (H), as amended by Gen. Stat. (Supp. 1939), sec. 878e. 12 Gen. Stat. (Supp. 1935), sec. 959c (M). 13 Gen. Stat. (1930), sec. 2464. 14 The board consists of two electors appointed for 4 years by the Governor with the advice and consent of the Senate, and four ex officio members, viz, the dairy and food commissioner, the commissioner of health, the commissioner of agriculture and the commissioner of domestic animals. The Governor, with the consent of the Senate, may remove any appointive member for cause and after a public hearing. The elector members of the board must be actively engaged in the production of milk. Their compensation includes necessary expenses and $20 per diem but total payments to each member shall not exceed $350 per year. Gen. Stat. 1930, secs. 2480, 2481, 2482; Gen. Stat. (Supp. 1935), sec. 948c. 15 Gen. Stat. (1930), secs. 2481, 2482. 16 'Gen. Stat. (Supp. 1935), sec. 949c. 17 Gen. Stat. (1930), sec. 2483. 210235°-41-VOL. III-11 2. LICENSING AUTHORITY The dairy and food commissioner issues all licenses to those engaged in various phases of the dairy industry. However, the milk regulation board is charged with the duty of making rules and regulations relative to the issuance or revocation of permits to distributors and producers.18 Director of Agricultural Experiment Station The director of the agricultural experiment station is appointed by the board of control of the station. He conducts research and analysis through the use of milk samples and approves milk testing apparatus.19 He acts jointly with the commissioner of dairies and foods in making uniform rules and regulations for carrying out the Pure Food and Drug Act.20 Commissioner of Domestic Animals The commissioner of domestic animals 21 is an ex officio member of the milk regulation board and is charged with the duty of making rules and regulations governing the examination, quarantine, and disposal of animals.22 Commissioner of Weights and Measures 24 The commissioner of weights and measures 23 has general supervision over all weighing and measuring devices in the State and its municipalities. He also tests all mechanical devices used in purchasing milk or cream by weight 25 and registers the manufacturers of milk bottles.26 18 Gen. Stat. (Supp. 1935), sec. 949c. 19 Gen. Stat. (1930), secs. 2121, 2462, 2463. 20 Id., sec. 2438. 21 The commissioner is appointed by the Governor for a term of 4 years and is removable by him for cause. He must be a practical farmer and a stock breeder of 10 years' experience. Gen. Stat. (1930), sec. 2085. 22 23 Id., secs. 2480, 2086, 2089. The commissioner of State police is the commissioner of weights and measures, appointed for 4 years by the Governor and removable by him for cause. Id., sec. 2292. Commissioner of Health The commissioner of health 27 is the administrative head of the department of health. The department maintains laboratories where raw milk is tested for bacterial count.28 Any person aggrieved by an order of the department of health may appeal to the proper superior court.29 NOTE: Towns, cities, or boroughs may enact ordinances or bylaws relating to the sale or distribution of milk detrimental to the public health. Where no local milk control exists the local health officer or board may propose rules and regulations to the electors concerning the inspection of dairies, and the production, care, handling, marketing, or sale of milk or cream. If the rules and regulations are approved by the municipalities they are submitted to the State department of health and after approval may be enforced by the municipality.30 Any person aggrieved by a ruling of a local health officer may appeal to the milk regulation board.31 Enforcement is achieved by action. initiated by the proper prosecuting officer in any court having jurisdiction over the Food and Drug Act.32 Local health officers or boards may, where no local milk control exists, propose rules and regulations to the electors concerning the granting of licenses to those engaged in the dairy industry. If the rules and regulations are approved by the municipality they are submitted to the State department of health and after approval may be enforced by the municipality. Under such authority licenses may be revoked, after notice and hearing, by the local health officer or board.33 The commissioner is appointed by the Governor for a term of 6 years. He must be physician of 5 years' experience in public health administration. Gen. Stat. (1930), sec. 2368. 25 Id., sec. 2368; Gen. Stat. (Supp. 1935), sec. 947c. 22 Gen. Stat. (1930), sec. 2371. 30 Gen. Stat. (1930), sec. 2486. 31 Id., secs. 2486, 2482, 2483. 32 Id., sec. 2440; see note 5, supra. * Id., sec. 2486. DELAWARE State Board of Agriculture 1. GENERAL AUTHORITY The State board of agriculture is charged with the duty of executing all measures for the agricultural interest of the State. It employs inspectors, officers, and agents, approves milk testing apparatus, licenses milk testers and inspects weights and measures.2 The board makes rules and regulations necessary for the proper enforcement of legislation regulating milk and milk products and sets up minimum standards for condensed, evaporated, and concentrated milk and ice cream. The board has the power to enter premises and examine books, records, and testing apparatus.5 2. LICENSING AUTHORITY 3 The State tax department issues dairymen's occupational licenses to all persons engaged in buying and selling dairy products for a fee of $10; persons selling their own products or manufacturing dairy products are exempted. Purchasers of Milk and Cream Aside from the dairymen's occupational license, every person operating a creamery, shipping station, milk factory, cheese factory, ice cream factory, or milk condensery, and each person receiving, buying, and paying for milk regardless of the method of payment must procure a license from the State board of agriculture. The following are exempted: (a) Persons buying milk for private use; (b) persons buying from dealers holding a permit; (c) hotels, restaurants and retail stores; and (d) producers buying milk in emergencies to make up their regular supply. Applicants must file such 'The board consists of three commissioners appointed by the Governor with the consent of the senate for terms of 3 years. Only two may be members of the same political party. Their compensation is in the amount of $10 per diem plus traveling expenses up to 50 days a year. Rev. Code (1935), secs. 568, 569. 2 * Id., secs. 570, 634, 636, 645, 616. 3 a Id., sec. 642. Id., secs. 647-652, 654. 'Id., secs. 642, 652. L. 1937, c. 14, secs. 2, 5. The State tax department consists of (1) the State tax board composed of 3 citizens, one of whom must be an attorney, appointed by the Governor, and (2) the State tax commissioner appointed by the Governor, with confirmation by the Senate, for a four year term at $6,000 per annum. Rev. Code (1925) secs. 151, 152. information as may be required by the board. A separate license is required for each place where milk or cream is received by weight or measure. Licenses expire annually on December 31 and no fee is required for the issuance thereof. Violation of any provision of the law pertaining to milk and milk products may result in the revocation or suspension of the license." Purchasers or receivers of milk or cream- from a producer must furnish the board with a monthly or daily statement setting forth: (a) The amount of milk or cream received or purchased; (b) the average percentage of butterfat tests, if payment was made on that basis; (c) the name and license number of the producer or seller; (d) the date of delivery; and (e) the terms of the unit used as a basis for determining the value of the milk or cream received or purchased. Violation of any provision of the article regulating milk and milk products subjects the offender to a fine of from $10 to $50 or imprisonment of from 10 to 30 days or both." Milk and Cream Testers The State board of agriculture examines applicants for milk and cream testers' licenses. In addition to the examination, evidence of good character is required. A fee of $3 must be paid at the time the examination is given plus $3 additional at the time the license is granted. Licenses are good for a period of 1 year and the renewal fee is $3. Revocation will be made for failure to post the license in a conspicuous place or for other just cause.10 DISTRICT OF COLUMBIA Health Officer 1. GENERAL AUTHORITY The District of Columbia health officer performs the usual functions incident to that office under the direction and approval of the District Commissioners. He may enter and inspect without notice any dairy farm in the District and must make and enforce regula |