§ 48. Receptacles to be cleansed before returning; receptacles may be
seized; evidence; violation. Whenever any can or receptacle is used for
transporting or conveying milk, cream or curd to market for the purpose
of selling or furnishing the same for consumption as human food, or for
manufacturing into human food, which can or receptacle, when emptied, is
returned or intended to be returned to the person so selling, furnishing
or shipping such substance to be again thus used, or which is liable to
continued use in so transporting, conveying, selling or shipping such
substance as aforesaid, the consumer, dealer or consignee using, selling
or receiving the milk, cream or curd from such can or receptacle, shall,
before so returning such can or receptacle remove all substances foreign
to milk therefrom, by rinsing with water or otherwise. When any such
milk, cream or curd is sold within any city of this state or shipped
into any such city, the fact of such shipment or sale shall be prima
facie evidence that the same was so shipped or sold for consumption as
human food or to be manufactured into human food. When any such can or
receptacle is returned or delivered or shipped to any person or creamery
so selling such substance within, or shipping the same into such city,
it shall be deemed that such can or receptacle is liable to such
continued use in so selling or shipping such substance therein for
consumption as human food within the meaning and purposes of this
article. No person shall place or suffer to be placed in any such can or
receptacle any sweepings, refuse, dirt, litter, garbage, filth or any
other animal or vegetable substance, nor shall any such consignee or
other person through himself, his agent or employee, bring or deliver to
any person or railroad or other conveyance any such can or receptacle
for the purpose of such return, or any milk, cream or curd can or
receptacle for the purpose of delivery or shipment to any person or
creamery engaged in so selling or shipping such substances for
consumption as human food, which can or receptacle contains such foreign
substance or which has not been rinsed as herein provided. The word
"curd" as used in this article applies to the substance otherwise known
as "pot cheese" or "cottage cheese." Whenever any such can or receptacle
is used, returned, delivered or shipped in violation of this article
every such use, return, delivery or shipment of each such can or
receptacle shall be deemed a separate violation thereof. Such cans or
receptacles so used, returned, delivered or shipped in violation of this
article may be seized by the commissioner, his assistants or agents and
held as evidence of such violation.