SEC. 75-31-11. False tests unlawful.
Sections 75-31-1, 75-31-3, 75-31-5, 75-31-6, 75-31-7, 75-31-9, 75-31-11, 75-31-13, 75-31-15, 75-31-17, 75-31-19, 75-31-21, 75-31-23, 75-31-25, 75-31-27, 75-31-29, 75-31-31, 75-31-33, 75-31-35, 75-31-37, 75-31-39, 75-31-40, 75-31-41, 75-31-43, 75-31-45, 75-31-47, 75-31-49, 75-31-51, 75-31-53, 75-31-55, 75-31-57, 75-31-59, 75-31-61 and 75-31-63, Mississippi Code of 1972, which provide for the regulation of milk and milk products by the Commissioner of Agriculture and Commerce, are repealed.
The Babcock test, the Roese-Gottlieb (Majonnier) test, the Milko test or any other contrivance approved by the commissioner of agriculture and commerce after adequate research shall be the methods used by licensed testers to determine the percentage of butterfat in milk or creams delivered to creameries, cheese factories, condenseries, ice cream plants, milk plants or milk depots, or when sold or purchased. All such tests must be conducted according to the specifications of the current edition of the association of official analytical chemists (AOAC).
For the purpose of providing official supervision of the operating of the Babcock test or the Roese-Gottlieb (Majonnier) test or Milko test or any other contrivance approved by the commissioner of agriculture and commerce, in all licensed receiving stations conducted for the purpose of butterfat either in the form of milk or cream, to promote fair competition, and to protect the producer of butterfat, thereby giving more confidence to the producer in the system of determining the percent of butterfat in the milk or cream, the following regulation is promulgated:
(a) All individuals, corporations, partnerships or associations authorized by license or permit to conduct one or more of the approved tests in the State of Mississippi shall retain samples:
(1) In a cool, clean, sanitary place.
(2) Properly labeled.
(3) In tightly sealed containers (approved by the commissioner).
(4) Composite samples tested are composed of the proportion of sample by weight of delivery on each delivery. Age of sample not to exceed fifteen (15) days for original test.
(5) Holding time of fresh samples after testing will be determined by special request of this department or its inspector for test checking.
(6) Holding time for composite samples shall be for not more than ten (10) days after original testing.
The tester and owner or owners are jointly responsible for proper care, handling, and storage of all samples of milk or cream to prevent their being adulterated or tampered with and to insure accuracy in testing such samples and proper recording of all tests.
Each licensed tester shall, immediately upon completing each test, or tests, record with ink or indelible pencil in a permanently bound record, or on forms approved by the commissioner of agriculture and commerce, the patron's name, number or other designating symbol, the exact, properly determined, butterfat test of each sample of milk or cream tested. Each sheet or group of tests or retests recorded must show the date such tests were made, then be signed with the name or initial of person or persons conducting such tests.
It shall be unlawful for any person or persons, either for himself or another, to falsely manipulate, or under-read or over-read, take inaccurate samples or make any false determinations by any contrivance used to determine the quantity of butterfat in milk or cream or value of milk or cream. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction, shall be fined not more than one hundred dollars ($100.00), or confined in jail not more than sixty (60) days or both.
SOURCES: Codes, 1930, Sec. 4273; 1942, Sec. 4541; Laws, 1928, ch. 296; 1956, ch. 135, Sec. 3; 1972, ch. 377, Sec. 1, eff from and after passage (approved April 26, 1972). Repealed by Laws 1999, Ch. 439, Sec. 2, eff. July 1, 1999.