SEC. 3. The sum of $30,000, or so much thereof as shall be necessary, is hereby appropriated for the purpose of carrying into effect the provisions of this act. The said amount shall be available for the fiscal year ending June 30, 1919, and distributed as follows, subject to all of the provisions of the act making appropriations for the support of government.

For the manufacture, purchase, and distribution of salvarsan or its substitutes

3, 200

Local Boards of Health-Organization.

Local Health Officers-Appointment.

(Ch. 275, Act Apr. 19, 1918.)

19

SECTION 1. Section 20 of chapter 49 of the laws of 1909, entitled "An act in relation to the public health, constituting chapter 45 of the consolidated laws," as amended by chapter 165 of the laws of 1909, chapter 559" of the laws of 1913, chapter 124" and chapter 555" of the laws of 1915 and chapter 369 " of the laws of 1916, is hereby amended to read as follows:

22

SEC. 20. Local boards of health.-There shall continue to be local boards of health and health officers in the several cities, villages, and towns of the State except as hereinafter provided. In the cities, except cities of the first and second class, the board shall consist of the mayor of the city who shall be its president, and at least six other persons, one of whom shall be a competent physician, who shall be appointed by the common council, upon the nomination of the mayor, and shall hold office for three years. Appointments of members of such boards shall be made for such shorter, terms as at any time may be necessary, in order that the terms of two appointed members shall expire annually. In the cities, except cities of the first and second class, and such other cities whose charters otherwise provide, the board shall appoint, for a term of four years, a competent physician, not one of its members, to be the health officer of the city, and shall fill any vacancy that now exists or may hereafter exist from expiration of term or otherwise in the office of health officer of that city. In villages the board of health shall consist of the board of trustees of such village. In towns the board of health shall consist of the town board. The local board of health shall appoint a competent physician, not a member of the local board of health, to be the health officer of the municipality. Notwithstanding the provisions of any general or local law or charter, a physician

1 Pub. Health Reports Reprint 264, p. 317.

20 Pub. Health Reports Reprint 338, p. 385. 1d., p. 382.

Pub. Health Reports Reprint 406, p. 167.

who has received the degree of doctor of public health in course from any institution of learning recognized by the regents of the university of the State of New York, or who has completed a course in public health approved by the public health council at the time of his appointment, shall be eligible for appointment as health officer. The term of office of the health officer shall be for years and he shall hold office until the appointment of his successor. He La be removed for just cause by the local board of health or the State coninis sioner of health after a hearing; such removal by the local board of hear. must be approved by the State commissioner of health. The health officer p not reside within the village or town for which he shall be chosen. Notice of the membership and organization of every local board of health shall be for iwith given by such board to the State department of health. The tena "municipality," when used in this article, means the city, village, town, or consolidated health district for which any such local board may be or is appointed. The provisions herein contained as to boards of health, and for the appointment of health officers, shall apply to all towns and villages, whetl er such villages are organized under general or special laws. The members of town boards and of village boards of trustees and of boards of health of consolidated health districts shall not receive additional compensation by reason of serving as members of boards of health. Any matter within the jurisdiction of a town or village board of health may be considered and acted upon at any meeting of such town board or village board of trustees.

The State commissioner of health, on the request of the town board of any town and the board of trustees of any village and the common council or other like authority of any city, may combine into one health district, hereinafter referred to as a consolidated health district, any two or more of such towns, villages, or cities, and may on the request of the town board of any town, board of trustees of any village, or common council or either like authority of any city at any time thereafter, set apart such town, village, or city as a separate health district. In any consolidated health district there shall be a board of health which shall consist of the supervisor of each town, the president of the board of trustees of each village, and the mayor of each city included in each district: Provided, That if the number of members so provided for is an even number, such members shall within 30 days after such district shall have been established by the State commissioner of health choose an additional member of such board of health to be known as the elective member. An elective member shall serve for a term of two years from the first day of January preceding his election and until his successor shall have been appointed: Provided, That if at any time the number of members of the board of health, excluding the elective member, shall become an odd number, the term of office of the elective member shall thereupon cease.

The board of health of a consolidated health district shall from time to time elect a president from among its members. The health officer of a consolid-terd health district shall serve as the secretary of the board of health thereof with out additional remuneration therefor.

In each such consolidated health district the board of health shall appoint a health officer. Each board of health and each health officer of a consolidated health district shall have all the rights, powers, duties, and obligations conferred and imposed by law upon boards of health and health officers respectively.

When any consolidated health district is established, as herein provided, the boards of health of the towns, villages, or cities included within such district shall thereupon cease to exist as boards of health, and all their rights, powers,

duties and obligations shall thereupon be transferred to the board of health of such district. When the board of health of any such consolidated health district shall have appointed a health officer therefor, the terms of office of the health officers of the towns, villages, or cities included in such district shall cease, and all their rights, powers, duties, and obligations shall thereupon be transferred to and imposed upon the health officer appointed for such consolidated health district.

The board of health of any such consolidated health district shall from time to time audit all accounts and allow or reject all charges, claims, and demands against such health district for the remuneration and expenses of the health officer, registrar, or registrars, and for all other expenses lawfully incurred by said board of health or on its authority. Unless such board of health of such consolidated health district adopts the estimate system of payment as provided by this section they shall, prior to the annual meeting of the board of supervisors each year, make an abstract, to be known as the consolidated health district abstract, of the names of all persons who have presented to them accounts to be audited, the amounts claimed by each such person, and the amounts finally audited and approved by them respectively, and, if such district be wholly in one county, shall deliver such abstract to the clerk of the board of supervisors. If such consolidated health district be located in more than one county the board of health of such district shall divide the total amount of the consolidated health district abstract as audited and approved in proportion to the assessed valuation of the real and personal property of the towns, villages, or cities of such consolidated health district located in each county, as determined by the last preceding assessment rolls of the towns or cities wholly or partly included in such district, and shall deliver a certified copy of such abstract to the board of supervisors of each such county, with a statement of the amount due from the real and personal property of each town, village, or city of the consolidated health district in each such county on account of the expenses of such board. The board of supervisors of each such county shall levy a tax upon the real and personal property within such health district sufficient to provide for the sums audited and approved by the board of health thereof and chargeable to the real and personal property of each town, village, or city of the consolidated health district in each such county. Such sums, when collected and paid to the county treasurer of each such county respectively, shall be paid by him to the president of such board of health and shall be disbursed by him in accordance with the abstract of claims audited and approved by such board of health, as hereinabove provided.

The board of health of any consolidated health district may annually make an estimate of the expenses of such board for the ensuing calendar year and, if such district be wholly in one county, shall deliver a certified copy of such estimate to the clerk of the board of supervisors of such county prior to the annual meeting of the board preceding such year. If such consolidated health district be located in more than one county, the board of health of such district shall proportion the total amount of such estimate in the same manner as provided by this section for proportioning the expenses of such a district when audited and approved by the board, and shall deliver to the clerk of the board of supervisors of each such county a certified statement of the total estimate and the amount due from the real and personal property of each town, village or city of the consolidated health district in each such county on account thereof. The board of supervisors of each such county shall levy a tax upon the real and personal property within such health district sufficient to provide for the portion of the amount of such estimate chargeable to the

real and personal property of each town, village or city of the consolidated health district in each such county. Such sums, when collected and paid to the county treasurer of each county, respectively, shall be paid by him to the president of such board of health and shall be disbursed by the board of health in accordance with the estimates. After such estimate system has been adopted by a consolidated health district, the board of health thereof shall deduct from the estimate for the succeeding calendar year the amount, if any, remaining in the hands of such board after all of the liabilities incurred on account of the preceding estimate have been paid, before the certified statement of the total estimate and the amount due from the real and personal property of each town, village or city of the consolidated health district in each such county is certified to the respective clerks of the boards of supervisors for collection.

Plumbing Inspectors in Cities-Appointment and Compensation. (Ch. 377, Act Apr. 30, 1918.)

SECTION 1. Section 48 of chapter 26 of the laws of 1909, entitled "An act in relation to cities, constituting chapter twenty-one of the consolidated laws," is hereby amended to read as follows:

SEC. 48. Inspectors; qualifications; notice.-The local board of health or the commissioner or commissioners of the board of health, or the health depart ment thereof, as the case may be, shall detail, designate or appoint an inspector or inspectors of plumbing, subject, however, to the provisions or limitations of law, regulating the appointment of such inspectors by such commissioner or commissioners or board or department of health of such city. All inspectors of plumbing who are detailed, designated, or appointed shall be practical plumbers and shall not be engaged directly or indirectly in the business of plumbing during the period of their appointment. They shall be citizens and actual residents of the city in which they are appointed and before entering upon the discharge of their duties as such inspectors they shall each be required to obtain a certificate of competency from said examining board. They shall be entitled to receive compensation to be fixed in cities of the second class by the board of estimate and apportionment and in cities of the third class by the officer, board, commission, or department having power to fix sal aries generally or, if there be no officer, board, commission, or department thereof having such power, by the board of aldermen or common council.

Milk-Designation. (Reg. Pub. H. Council, Mar. 1, 1918.)

Paragraph 1 of regulation 13 of chapter 3 of the Sanitary Code of the State of New York is hereby amended to read as follows:

REG. 13. Designations of milk and cream restricted.-All milk sold or offered for sale at retail, except milk sold or offered for sale as sour milk under its various designations, shall bear one of the designations provided in this regulation, which constitutes the minimum requirements permitted in this State. Milk-Quality of, When Supplied to Butter and Cheese Factories and Other Manufactories. (Ch. 83, Act Mar. 26, 1918.)

SECTION 1. Section 33 of chapter 9 of the laws of 1909, entitled “An act in relation to agriculture, constituting chapter one of the consolidated laws," is hereby amended to read as follows:

SEC. 33. Regulations in regard to manufactories, plants, or places where milk or cream is brought or received and the value thereof is determined by the milk

fat content. No person shall sell, supply or bring to any butter or cheese factory or to any plant or place which manufactures a food product from milk or which ships or sells milk for consumption any milk diluted with water, or any unclean, impure, unhealthy, adulterated or unwholesome milk, or milk from which any of the cream has been taken, except pure skim milk to skim-cheese factories. No person shall sell, supply or bring to be manufactured to any butter or cheese factory or to any plant or place which manufactures a food product from milk or which ships or sells milk for consumption any milk from which has been kept back any part of the milk commonly known as strippings, or any milk that is sour, except pure skim milk to skim-cheese factories.

Milk and Cream—Keeping of, in Cold Storage. (Reg. Pub. H. Council, Mar. 1, 1918.)

Regulation 14a of chapter 3 is hereby added to the Sanitary Code of the State of New York and reads as follows:

REG. 14a. Milk or cream in cold storage warehouses.-Nothing contained in this chapter in reference to the time of delivery of milk and cream shall be deemed to prohibit the keeping of such milk and cream in cold storage in a duly licensed cold-storage warehouse for a period of not more than 10 calendar months; provided, such milk and cream is placed in such cold-storage warehouse within 48 hours after milking or pasteurization, as the case may be.

Dairy Products Defined. (Ch. 84, Act Mar. 26, 1918.)

SECTION 1. Section 30 of chapter 9 of the laws of 1909, entitled "An act in relation to agriculture, constituting chapter 1 of the consolidated laws," as amended by chapter 59 of the laws of 1911, chapter 608 of the laws of 1911, and chapter 455 of the laws of 1913 is hereby amended to read as follows:

SEC. 30. Definitions.-The term "butter" when used in this article means the product of the dairy usually known by that term which is manufactured exclusively from pure, unadulterated milk, or cream, or both, with or without salt or coloring matter; and the term "cheese," when used in this article means the product of the dairy usually known by that term which is manufactured exclusively from pure, unadulterated milk, or cream, or both, and with or without coloring matter, salt, rennet, sage, olives, pimentos, walnuts, peanuts, tomatoes, celery salt, or onions added thereto as a flavor: And provided further, That when manufactured by adding to the elemental product of the dairy, usually known by the term "cheese," and manufactured exclusively from pure, unadulterated milk or cream, or both, any pimentos, olives, walnuts, peanuts, celery salt, tomatoes, or onions, that the percentage of all such substances so added shall not exceed 25 per cent in bulk of the manufactured product.

The terms "oleomargarine,” “butterine," "imitation of butter," or "imitation cheese," shall be construed to mean any article or substance in the semblance of butter or cheese not the usual product of the dairy, and not made exclusively of pure or unadulterated milk or cream, or any such article or substance into which any oil, lard, or fat not produced from milk or cream enters as a component part, or into which melted butter or butter in any condition or state or any oil thereof has been introduced to take the place of cream. The term "adulterated milk” when so used means:

1. Milk containing more than 88 per cent of water or fluids.

2. Milk containing less than 11 per cent of milk solids.

3. Milk containing less than 3 per cent of fats.

4. Milk drawn from cows within 15 days before and 5 days after parturition.