Summary

Joseph McKenna John v. New York — Opinion of the Court

The nonproducing vender must exercise care in his purchases, and good all around may be accomplished. Through penalty on the nonproducing vender the producer is ultimately reached, though he may seem to be indulged. He will have to raise the standard of the milk of his herd if he would keep or extend his trade as anything but a mere retailer of his product.
Source: Wikisource

Joseph McKenna John v. New York — Opinion of the Court

The ultimate purpose is that wholesome milk shall reach the consumer, and it is the conception of the law that milk below a certain strength is not wholesome, but a difference is made between milk naturally deficient and milk made so by dilution. It is not for us to say that this is not a proper difference, and regarding it the law fixed its standard by milk in the condition that it comes from the herd. It is certain that if milk starts pure from the producer it will reach the consumer pure, if not tampered with on the way.
Source: Wikisource

Joseph McKenna John v. New York — Opinion of the Court

In taking a second sample, as above set forth, from the mixed milk of the herd, it shall be the duty of the commissioner of agriculture to have an assistant, agent, or agents present during the entire time in which the said cattle are being milked, to observe closely so as to be sure that the milk thus to be sampled is not adulterated, and to see that it is thoroughly mixed, so that the sample taken shall be a fair sample of the average quality of the mixed milk of the entire dairy or herd of cows of said producer.
Source: Wikisource

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