51 - Milk inspection.

§ 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.