xt7gms3jz817 https://exploreuk.uky.edu/dips/xt7gms3jz817/data/mets.xml   Kentucky Agricultural Experiment Station. 1918 journals 001 English Lexington. Contact the Special Collections Research Center for information regarding rights and use of this collection. Kentucky Agricultural Experiment Station Regulatory series, bulletin. n.1 text Regulatory series, bulletin. n.1 1918 2014 true xt7gms3jz817 section xt7gms3jz817   ;~.‘   ` · Q  
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Regulatory Scries:—No. 1. ii lssued August, 1918.  
 
Kentucky Agricultural Experiment Stanon "  I
li.
UNIVERSITY OF KENTUCKY .  
· _1 ·”  
i;
THE CREAMERY AND TESTER’S LICENSE LAW  
Q  
The purpose of this circular is to inform the dairy interests  
of Kentucky of the steps necessary to be taken in order to comply   ”_
with the law passed at the last session of the Kentucky Legisla-   f
ture, Chapter 74. Acts of 1918, referring to the licensing of  
I crcamcrics, etc., and testers, and with the rules and regulations   _
. concerning the enforcement of the law by the Kentucky Agri· ii  
cultural Experiment Station] ti
E I Scope and Purpose of the Law. i if
The purpose of the law is to insure fair dealing between the i
producer and buyer of milk and cream by providing a means t .4 ·
to prevent the use of unfair weights and to require the use of    
accurate testing glassware by trained and competent licensed  
operators of the Babcock test for milk and cream. Requiring { §_
correct and honest weights, tests and records of milk and cream  
delivered by the producer to the manufacturer and the elimina-  
tion of unfair methods of competition, will make for greater    
confidence between the producer and the manufacturer and the  
consequent prosperity of both concerned.    
Under the act it is unlawful for any hauler of milk or  
cream, or other person or ciieamery, or other milk plant or "  
agent receiving milk or cream from any patron, to take unfair I  
N0te.—This publication sent only upon application. i`  
_ I li V 3
C ‘ ”" r 1  
ihiairrl _ _,i
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   - 1;
    ` J 2 The Creamery and Testeris License Law,  
JQ   samples thereof, or to fraudulently manipulate such samples; ·
i   and such samples shall be weighed and accurately and correctly
"   Q reported to the factory. r lj
yi     Eve1·y ereamery, shipping stat.ion, milk factory, cheese fac- i
 i; tory, ice cream factory or milk eondensery, or person or agent, ,
    iirm, company, association or corporation receiving, buying and  
    __ __ paying for milk or cream on the basis of the butter fat contained  
    therein, shall be required to hold a license, and shall be required  
  - to have in his or its employ a licensed tester, and to use standard y
  V Babcock test bottles, pipettes and weights and scales which shall y
J   have been inspected and tested for accuracy by the Kentucky ‘
F  Agricultural Experiment Station.
  ` It is further stipulated that it is unlawful for any person,
  firm or corporation buying milk or cream on the basis of its p
  butter-fat content to use any other test than the Babcock test,
  · or to under-read, over—read or otherwise fraudulently manipu-
  late the Babcock test, or to falsify the record thereof, or to
gif read the test at any other temperature than at 135 to 140 de-
  grees Fahrenheit. -
  Creamery License
  Every person or firm buying milk or cream on the butter-
    fat basis shall hold a license. The license may be secured by com-
y.  plying with the provisions of the law and upon filling out an
° j application blank furnished upon application to Thomas Cooper,
J y Q, Director, Kentucky Agricultural Experiment Station, and send-
i     ing it, together with the annual license fcc of $6.00, to him.
  Creamery licenses are valid for one year, from July first.
  l Z unless issued to firms not in business at the time this law went
  into effect, in which ease the license will be issued on the basis of ,
.   $1.50 for each quarter, up to the following July first. Such
  license may be renewed for a period of one year by filling out
  , and signing an application blank for renewal. upon payment of
l   . the annual license fee of $6.00. 1\pplieation for license and
  renewal thereof must be sworn to before a notary public.

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The Creamery and Testerlc License Law 3 ,
l
— Tester’s License ,
° i_ K The law provides that every buyer of milk or cream shall ‘
  have in hisemploy a licensed tester whoshall make all tests for ·
. butter fat on milk and cream bought from the producer. All
persons holding a certitieate of proficiency from the examining .
I V board provided for under this law, are eligible to a tester’s
license upon the payment of an annual license fee of $2.00. `i A
The testers’ licenses are valid for one year, and should be ll
i renewed on or before July Hrst of each year. Renewal may be  
. made by filling outan application blank and sending it, together ,
with the annual license fee of $2.00, to Thomas Cooper, Di- at
( rector, Kentucky Agricultural Experiment Station, Lexing- g
  ton, Ky. . g
5 i -~ _ , Inspection of Testing Glassware  
All milk and cream bought from the producer on the basis ;
of its butter-fat content must be tested by the Babcock test,
, _ and the use of tested glassware is required by the law. `
A The law requires that all glassware used in the test be in- i
spected for accuracy by the Kentucky Agricultural Experiment  
Station and marked by the letters "S. G. K." (Standard Glass- T
ware, Kentucky.) By the term, standard glassware, is meant:  
_ 8 per cent. milk test bottles graduated to one-tenth; 6 and 9 inch  
50 per cent. cream test bottles, graduated to one—half per cent.; i
and 17.6 ce. pipettes conforming‘with the specincations as set V
fort.h in section 12 of the act. a copy of which will he found in  
this circular.
Glassware now in use by the ereameries, etc., in Kentucky, . I
and not so inspected, must be sent in to the Kentucky Agricul- · ` l
° tural Experiment Station, Lexington, Ky., for inspection, and
if found `to be accurate, must be marked with the letters "S.
G. K." before its use is legal.
  '

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4 The Creamery and Tester’s License Law  
i· THE CREAMERY AND TESTER’S LICENSE LAW, CHAPTER 74,
ACTS OF THE KENTUCKY LEGISLATURE, 1918.
A ‘ W i Chapter 74.
l .
, ‘ AN ACT to regulate the weighing and sampling of milk and
‘ cream and to provide for the examination of the glassware
  used for testing milk and cream for butter fat with the Bab-
Q' cock test; to prohibit the use of inaccurate testing glassware,
r weights and measures and glassware not conforming with the
specifications of standard Babcock glassware; to deine the
  term standard Babcock glassware, to. prohibit the fraudulent
, · manipulation of the Babcock test and the falsifying of the
records thereof: to require the testing of milk and cream to
l be done or supervised by a licensed tester. to provide for the
collection of license fees for operators or supervisors of the
, Babcock test, and from creameries and other milk factories,
V and of fees for inspecting Babcock testing glassware from
l individuals and firms buying; and paying for milk and cream
{ on the butter fat basis; to fix penalties for the violation of
i the provisions of this act, and to authorize the expenditure
t of the funds received from the license fees and of additional
funds provided for the execution of the provisions of this
g 2L(:t.
i Weights and Samples of Milk and Cream
_ ‘ Section 1. i
Be it eimcted by the General Assenzbly 0f ihe Cammon-
arealfh of Kentucky:
, That it shall be unlawful for any hauler of milk or cream
or other person. or ereamery, or other milk plant or agent,
1·ecciving milk or cream by weight or test or by weight and test,
to fraudulently manipulate the weights of milk or cream of

     . V 33;...
The Creamery and Tcste·r’s License Law . 5
* any patron or to take unfair samples therc_of, o1· to fraudu-
  lently manipulate such samples. The hauler shall weigh the ,
_ milk or cream of each patron accurately and correctly and l
l shall report such weights accurately and correctly to the fac- ”
i tory. He shall thoroughly mix the milk or cream of each _
i patron by pouring and stirring until such milk or cream is g ` 4
‘ uniform and homogeneousin richness, before the sample is i
taken from such milk or cream. \Vhen the weighing or _
sampling of the milk or cream of each patron is done at the
creamery, shipping station or other factory, firm, corpora-  
V tion or individual buying and paying for milk or cream on  
the basis of the butter fat contained therein the same rule o= 
` shall apply. _ 
; I Glassware for Testing Milk and Cream for Butter Fat  
Section 2. Every person, firm, company, association, cor-  
poration or agent thereof, buying and paying for milk or cream  
on the basis of amount of butter fat contained therein as deter-  
l ,mined by the Babcock test, shall use standard Babcock test I,. 
bottles, pipettes, and weights and accurate scales, as defined  Qi
in Section 12 of this act, and all Babcock test bottles, pipettes  
and weights shall have been inspected for accuracy by the  
Kentucky Agricultural Experiment Station, or its deputy, and  
shall he legibly and indelibly marked by the said Kentucky Agri-  
cultural Experiment Station or its deputy with the letters "S.  
G. K." (Standard Glassware, Kentucky.) No bottle, pipette or  
weight. shall be used for such test unless so examined and marked l _~ 
by said Kentucky Agricultural Experiment Station. It shall  
be unlawful for any person, iirm, company, association, cor-  
poration, or any of their agents to use any other than standard I  
· test bottles, pipettes, and weights which have been examined  
and marked as provided in this section, to determine the amount { 
of fat in the milk or cream bought and paid for on the butter A  _
` fat basis. Q  n

 _i  ·'·•v~¤•·— 1—vv¤·-—-.-·.,- -..-... .,
6 The Creamery and Tester’s License Law
i V Unlawful Tests
i ‘ Section 3. It shall be unlawful for any person, iirm or
corporation, by himself or _as the officer, servant, agent or em-
, ‘ . ployee of any person, Erm or corporation, buying and paying
- for milk or cream on the basis of the amount of fat contained
L . i A therein to under-read, over-read or otherwise fraudulently
ji manipulate the Babcock test used for determining the per cent.
`  of fat in milk or cream, or to falsify the record thereof or to S
  read the test at any temperature except the correct temperature
  which is 135 degrees to 140 degrees Fahrenheit, or to pay on
  the basis of any measurement or weight except the true measure-
€  ment or weight which is seventeen and six-tenths (17.6) cubic
5  centimeters for milk and nine (9) grams for cream. This sec- · 3 ,
{ tion further provides that in all tests the cream shall be weighed
1,  ‘ into the test bottles.
  License for the Tester; -
r·. 
  Section 4. Every creamery, shipping station or other
 Ql factory, or person, or agent, receiving, buying and paying for
V  milk or cream on the basis of the amount of butter fat contained
_‘ i therein shall have in its employ a licensed tester who shall super-
  vise and be responsible for the operation of the Babcock test
{  of milk and cream. The license shall be issued to such person by
I  the Kentucky Agricultural Experiment Station upon presenta-
  tion by t.he applicant of a certificate of proficiency properly
  filled out and signed by the chairman of the examining board
,   and upon payment of a license fee as provided in section seven.
.   This license shall be valid for the term of one year and shall
.   be revoked by the said Kentucky Agricultural Experiment Sta-
i i   tion upon recommendation of the examining board if the li-
»   censee has failed to comply with the rules and regulations under
· ‘   which t.he license was granted.
Y »3l  '
  The Examining Board _
:QԤ`
  Section 5. The examining board shall consist. of three
  members, two to be appointed by the executive committee of the
I

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i The Creamery and Tester’s Lieetizse Law 7
Kentucky Dairy Cattle Club, and the third member shall be ·
the Chief of the Dairy Department of Agricultural Experi- {
, ° ment Station. _ V _ A  
U License for the Creamery _  
Section 6. Every ereamery, shipping station, milk factory, It
cheese factory, ice cream factory, or milk eondensery, or per- ‘
son, or agent, firm, company, association, or corporation, receiv-
ing, buying and paying for milk or cream on the basis of the
butter fat contained therein, shall be required tohold a license.
The_ license shall be issued to such creamery, shipping station,
~ ‘ milk factory, condensery, ice cream factory, cheese factory, or ‘
. A person, or agent, firm, company, association or corporation by
; the Kentucky Agricultural Experiment Station, upon complying  
i with the provisions of sections 1 to 4 inclusive of this act, and
upon payment of a license fee as provided in Section 7. This
license shall be valid for the term of one year, but shall be re-
, voked by the said Kentucky Agricultural Experiment Station
` if the licensee fails to comply with the rules under which the {
license was granted. L
Fees for Licenses and for Inspection of Testing Glassware `
Section 7. The tester’s license shall be issued upon com-
pliance with the provisions under Section at of this act and up- A
on payment by the candidate to the Kentucky Agricultural
Experiment Station of the sum of two ($2.00) dollars. The
creamery license shall be issued upon compliance with the
provisions under Section 6 of this act, and upon payment by 5
the candidate, o1· his agent, to the said Kentucky Agricultural. ,,
Experiment Station of the sum of six ($6.00) dollars. For all  
testing glassware inspected by the said Kentucky Agricultural
Experiment Station, or its deputy, a fee of three (3) cents ‘
shall be paid by the owner of said testing glassware to the said
I · Kentucky Agricultural Experiment Station for every piece of
glassware so examined. .

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I
S The Creamery and Tester’s License Law
. Accounting and Use of Funds ,
_ Section 8. The money for license fees and for inspection
l tees as provided for in Section 7 shall be paid to the Director
i of the Kentucky Agricultural Experiment Station, by whom
Q it shall be paid to the Treasurer of University of Kentucky.
  the board of control of which shall expend the same, on proper
  V we » vouchers to be filed with the Auditor of the State, in meeting
all necessary expenses in carrying out the provisions of this
A act, including the employment of inspectors, chemist, expenses
of issuing publications giving the results of glassware and
factory inspection, as provided for in this act, and for any
. ` other expenses of said Kentucky Agricultural Experiment Sta-
tion as authorized by law. 'l‘he Director of the said Experiment
Station shall include in his annual report to the Governor a
i classified report showing the total receipts and expenditures of
all fees received under the provisions of this act.
` Prosecuting Attorney—Dutics
l A Section 9. lt shall be tl1e duty of every prosecuting at-
i   torney to whom the Kentucky Agricultural Experiment Sta-
  tion shall report any violation of the provisions of this act
. to cause proceedings to be commenced against the person or
persons so violating the provisions of this act. and to prosc-
_- cute the same to final termination. according to the laws ot
,, the State of Kentucky.
il ·
Penalties
L; Section l0. Any employee of a firm, company, association,
Y corporation or person, buying and paying for milk or cream on
O1 i the basis of the amount of butter fat it contains, violating any
a' : of the provisions of this act, shall be deemed guilty of a mis-
*11 , demeanor, and upon conviction thereof shall be fined not less
el than $25.00 nor more than $500.00 or be imprisoned in the
  , county jail for not less than 60 days nor more than 12 months
kl or both. Any firm. company. association, corporation or per-
of p son, buying or paying for milk or cream on the basis of the
· amount. of butter fat contained therein. violating any of the

 it  v ‘. ¥   · ·
j'    ‘· » —   .
V g The Creamery and Testeris License Law 9
provisions of this act, shall be guilty of a misdemeanor, and
V upon conviction thereof shall be fined in the sum of $100.00 tor
i the first offense, and in the sum of not less than $100.00, nor
0 i more than $1,000.00 for each subsequent offense.
  Provisions l
Section 11. The provisions of this act shall not take edcct »
i until July lst, 1918.
— U Standard Babcock Testing Glassware Defined
·i Section 12. The term "Standard Babcock Testing Glass
· ware" shall apply to glassware and weights complying with
the following specifications;
V (a) Staozdcrd illil/{ Test Bottles.
Graduation.—Tl1e total per cent. graduation shall be S.
The graduated portion of the neck shall have a length of not
Alas than 63.5 millimeters (2% inches). The graduation shall
; represent whole per cent., tive-tenths per cent., and tenths per
‘ cent. The tenths per cent. graduations shall not be less than 3
millimeters in length, thc tive-tenths per cent. graduations shall
be 1 millimeter longer than the tenths per cent. graduations.
projecting 1 millimeter to the left; the whole per cent. gradua-
tions shall extend at least one-half way around the neck to the
” right and projecting 2 millimeters to the left of the tenths per
cent. graduations. Each per cent. graduation shall be num- i
ebered, the number being placed on the left of the scale. The
error at any point of the scale shall not exceed one-tenth per
cent.
" Neek.—The neck shall be cylindrical and the cylindrical. I
Shape extend for at least 0 millimeters below the lowest and  
above the highest graduation mark. The top of the neck shall .
· be flared to a diameter of not less than 10 millimeters.
_ 1 B1·1lb.—The capacity of the bulb up to the junction of the
neck shallnot beless than 45 cubic centimeters. The shape of
the bulb may be either cylindrical or conical with the smallest _
i
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ld-·_~_-___~__w1_j__ ___ V H V -

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9 Y
10 The Creamery and Tester’s License Law
l . .
I. diameter at the bottom. If cylindrical, the outside diameter
I, shall be between 34 and 36 millimeters; if conical, the outside
diameter of the base shall be between 31 and 33 millimeters, and
the maximum diameter between 35 and 37 millimeters.
' The charge of the bottle shall be 18 grams.,
t A The total height of the bottle shall be between 150 and 165
3 ii millimeters (57S and Glé inches).
(b) Standard Cream Test Bottles.
Two types of bottles shall be accepted as standard cream
_ " test bottles, a 50 per cent., 9 gram short—neck bottle and a 50
[ per cent. 9 gram long-neck bottle. . .
Fifty per cent. 9 gram short-neck bottles—Graduation.—- A
The total per cent. graduation shall be 50. The graduated por-
tion of the neck shall have a length of not less than 63.5 milli-
_ meters (21,ig inches). The graduation shall represent tive per
3 cent.. one per cent., and five-tenths per cent. The {ive per cent.
_ graduation shall extend at least half way around the neck (to
. the right). The tive-tenths per cent. graduations shall be at least
l 3 millimeters in length, and the one per cent. graduations shall
have a length intermediate between the tive per cent. and the
five-tenths per cent., graduations. Each tive per cent. graduation
shall be numbered, the number being placed on the left of the
scale. The error at any point of the scale shall not exceed tive- V
I tenths per cent.
l Neek.—The neck shall be cylindrical and the cylindrical
shape shall extend at least 9 millimeters below the lowest and
9 millimeters above the highest graduation mark. The top of
i the neck shall be flared to a diameter of not less than 10 milli-
. meters.
Bulb.—The capacity of the bulb up to the junction of the
` neck shall not be less than 45 cubic centimeters. The shape of
the bulb may be either cylindrical or conical with the smallest
' diameter at the bottom. lf cylindrical the outside diameter
shall be between 34 and 36 millimeters; if conical, the outside
, diameter of the base shall be between 31 and 33 millimeters and
. the maximum diameter between 35 and 37 millimeters.
Ll

 in '     ;»;·   1* ·
V The Creamery and Tester’s License Law 11  
The charge of the bottle shall be 9 grams. All bottles shall
bear on top of the neck above the graduations, in plain legible
3 characters, the mark defining the weight of the charge to be
4 used (9 grams)-
The total height of the bottle shall be between 150 and 165
millimeters (578 and 61/2 inches), same as standard milk test `
· bottles. ` W U
Fifty per cent. 9 gram long neck bottles.-The same speci-
0 .iications in every detail as specified for the 50 per cent. 9 gram
. short neck bottles shall apply for the long neck bottle with the p
( exception, however, that the total height of this bottle shall be
between_210 and 235 millimeters (6% and SVS inches) and the
total length of the graduation shall not be less than 120 milli-
meters.
The Standard Babcock Pipette
Total length of pipette not more than 330 millimeters (131AL
inches). Outside diameter of suction tube 6 to 8 millimeters.
l Length of suction tube 130 millimeters. Outside diameter of
delivery tube 4.5 to 5.5 millimeters. Length of delivery tube 100
to 120 millimeters. Distance of graduation mark above bulb 30
_ to 60 millimeters. Nozzle straight. Delivery 17 .6 cubic centi-
meters of water at 20 degrees C. in live to eight seconds.
0 Standard Weights
` The standard weight shall be nine grains.
Neither approved nor disapproved.

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1
  12 The (kmuaery and Testers License Law
RULES AND REGULATIONS
3
t ` ;__ ‘
__   _ Creamery licenses shall be issued to creameries, shipping
- stations, milk condensing factories, market milk plants, pasteur-
1 izing plants and such other concerns buying milk or cream on
e a basis of butter fat as are within the scope of the Kentucky
e n Creamery and Tester ’s License Law, complying with Sections 1,
e 2, 3, 4, 6, 7 and 12 of Chapter H of the Acts of the Kentucky Leg-
i- islature of 1918, and with the following Rules and Regulations:
Rule I. On or before July first, of each yea1·, a ereamery
report and application blank must be filled out, duly sworn
to and sent, together with remittance of the license fee of six
Q _($6.0()) dollars, t0 Thomas Cooper, Director of the Kentucky
_S· Agri<·ultural Experiment Station. University of Kentucky, Lex-
of ington, Ky.
)O On receipt of the license the same must be posted iu plain
30 view in the office of the place of business. Creamery licenses
hi_ are valid for one year from July first, and must be renewed on
or before July first, of each year.
Rule II. Esramiimtioiz 0f lVeig71ts and Jleusures Used in
Testing Milk and Cream.
All testing glassware shall be sent, securely packed and
plainly marked with the senders name and address, t0 the Ken-
tucky Agricultural Experiment Station, Lexington, Ky.
Glassware may be sent either by parcel post, express or
A freight. All transportation charges must be PRlil’AleD by the
sender.
The Kentucky Agricultural llxperiineut Station will not
· be responsible for breakage of glassware either to or from sender.
Glassware after testing will he securely packed and returned at
owuer’s risk.

     * "  .
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.   _ The Creamerynmzd Tester’s License Law 13
. V » All shipments of glassware must be accompanied by a check.
draft or money order, made out to Thomas Cooper, Director,
covering charges of examinationnof such glassware, on the basis
iof three (3) cents for each piece of glassware sent.
Shipments of glassware arriving collect, or without remit- .
tance covering charges of examination, will be held until pay-
ment for transportation and examination fees are made. Postage -
stamps will not be accepted as paymentifor such charges except
in amounts less than one ($1.00) dollar.
» e Testing glassware sent direct from the manufacturer or
dealer of glassware is subject to the same rule.
l YVhen shipping glassware for examination. state clearly how
it should be returned, whether by express or freight collect. In
the absence of such instructions, glassware after examination
will be returned by express collect.
i `When ordering Babcock testing glassware from the manu-
facturer or dealer. specify that standard glassware. in accord- ·
ance with the requirements of the Kentucky Act (Chapter 74, .
Acts of 1918) is wanted. Glassware not conforming to the speci-
Scutions of standard glassware will bc rejected and returned
at the senders expense.
After examination of the glassware, every piece found cor-
rect will be marked with the letters "S. G. K." (Standard Glass-
ware, Kentucky) and promptly returned to the owner. Inac-
  curate glassware with an error, plus or minus, greater than one-
tenth of one per cent. for milk bottles, and one-half per cent.
in case of cream bottles, will be coniiscated and destroyed unless
the owner demands return, in which event it will be so branded
as will indicate its use as illegal. I
The use of glassware not bearing the letters "S. G. K." is
ill Violation of thc laws of Kentucky under which creainery li-
V censes are granted. h
l
_A LICENSES FOR TESTERS
A tester’s license will be issued to each and every person
complying with Sections 2. 3, 4, and 7 of Chapter 74 of the Acts
l
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14 The Creamery end Tester’s License Law
of the Kentucky Legislature of 1918, and with the following
rules and regulations:
Rule III. Date and Place of Exanmicztion. The candidate
for a tester’s license must take and successfully pass a tester ’s li-
cense examination at such place and date as may hereafter be
I designated and announced by the Chairman of the Examining
_ W Board. The announcements of such examinations will be issued
in special circulars and in the dairy and State press not less
t than one month in advance of the date set for such examination.
Rule IV. License Fees. The candidate who has success-
fully passed the examination for the tester’s license shall pay
to Thomas Cooper, Director, Kentucky Agricultural Experiment
Station, Lexington. Kentucky, the sum of two ($2.00) dollars
on or before July iirst. of each year, and shall hold a certificate ·
of proficiency properly filled out and signed by the Chairman
of the Examining Board. _ ·
A tcstcr’s license is valid for one year, from July first, and
· may be renewed annually without examination, provided the
4 applicant has carried out the provisions under which the license
was granted, and upon payment of the annual license. fee on or
before July first. of each year.
A license will be issued to testers, not now employed, who
may successfully pass the examination during the year, for the
period up to the following July first. on the basis of fifty (50)
cents for each quarter.
(`rcamery license will be issued to firms not now in business
for the period up to the following July first on the basis of one
dollar and fifty cents ($1.50) for each quarter.
The tester `s license must be posted in plain view in the test-
ing room of the place of business in which the tester is employed.
' The license will be revoked if the licensee has failed to comply
with the rules and regulations under which it is granted.
Approved, August 1, 1018,
, 'l`hon1as Cooper. Director.