Page:1933 North Dakota Session Laws.pdf/17

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An Act defining overran and percentage of overrun in the manufacture of butter, limiting the percentage of overrun permissible in such manufacture, providing penalties and prescribing rules of evidence in prosecuting thereunder.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. For the purpose of this Act "overrun" is the difference between the weight of any given amount of pure butterfat and the weight of the butter manufactured therefrom, and this difference, ascertained in any case, divided by the given amount of pure butterfat in such case and multiplied by 100, is the "percentage of over run," in the manufacture of butter.

§ 2. It shall be and hereby is declared to be unlawful for any person to have or permit a percentage of overrun in excess of 25 percent in butter manufactured by him.

§ 3. Any person violating any provisions of this Act shall be deemed guilty of a misdemeanor, the minimum punishment for which shall be a fine of $25 or imprisonment for 20 days.

§ 4. The reports required by law to be made and which are made to the commissioners of dairy by persons engaged in the manufacture of butter shall be competent evidence in any prosecution under this Act against the person making the same, and when ever such reports, received in evidence upon the trial, show that during a period of one month or more the person on trial and charged with a violation of this Act, alleged to have been committed on a certain date within said period, has had or permitted an average percentage of overrun in excess of 25 per cent in the butter manufactured by him during said period, such showing shall be prima facie evidence of a violation of this Act by the person so charged, committed as of the date alleged.

§ 5. Emergency.] This Act is hereby declared to be an emergency measure and shall be in full force and effect from and after its passage.

Approved March 9, 1933.