§ 51. Milk inspection. The commissioner or his agent, in inspecting
milk for the purpose of analysis to determine the percentage of fat or
other milk solids, shall take duplicate samples thereof and shall seal
both samples, and shall tender, and, if accepted, deliver one sample to
the person from whom the milk was taken. When samples are taken from the
producer of the milk sampled or his agent, at a place other than the
dairy where the milk was produced, the commissioner or his agent shall
within ten days thereafter, with the consent of the producer, take
duplicate samples of the mixed milk of the herd of cows from which the
milk first sampled was drawn, and shall deliver one such sample to the
producer or his agent and shall submit the other to analysis. If upon
analysis it proves to contain no higher percentage of milk solids, or no
higher percentage of fat, or has no lower freezing temperature than the
sample first taken, then no action shall lie against the producer for
violation of standards as established by the commissioner pursuant to
the provisions of section forty-six-a. If the producer refuses to allow
such herd sample to be taken, then the producer shall be precluded from
offering any evidence that the milk from which the first sample was
taken was just as it came from the cow. Where a sample of milk taken by
the commissioner or his agent consists of the entire contents of a
container unopened at the time of taking, no duplicate need be taken or
tendered or delivered.