Texas Attorney General Opinion: V-1233 Page: 3 of 4
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Hon. John C. White, Page 3 (V-1Z33)
"concentrated milk" as defined by you would not be "milk" with-
in the foregoing definitions.
In addition to the statutory definitions, we find a per-
suasive authority in the case of Commonwealth v. Boston White
Cross Milk Co., 95 N.E. 85 (Mass. Sup. 1911). That case indi-
cates that "concentrated milk" as a product in the dairy industry
has been known for many years. That case involved an appeal
from a criminal conviction for selling the product resulting
from combining "concentrated milk" with water under a statute
which penalized selling watered milk. The court held as follows:
"It is not contended that the manufactured pro-
duct of the defendant, to which it added water for re-
duction and sale, was natural milk as it comes from
the cow. And we have searched the evidence in vain
for anything upon which it could be found that this
manufactured product had come to be known in the
trade as milk. Certainly there is no such intimation
in the testimony of the government, and that put in by
the defendant is wholly to the effect that the defend-
ant's 'concentrated milk' was a new and unique pro-
duct, manufactured only since 1908, under letters
patent, at a factory equipped for that purpose, shipped
to the defendant's place of business in Boston, and
there extended by the defendant and put upon the mar-
ket only in its diluted form. . . . The fact that the
word 'milk' in this statute has been construed to in-
clude cream as one of its natural components (Com-
monwealth v. Gordon, 159 Mass. 8, 33 N.E. 709) does
not indicate that it should include also a substance pro-
duced from it by a process of manufacture with arti-
ficial appliances involving some chemical changes.
The substance itself is not milk, just as butter and
cheese and condensed milk are not themselves milk."
We therefore conclude that "concentrated milkg" as you
have defined it in your letter,is not "milk" within the requirements
provided in Article 1037, Section D, V.P.C., and it may be legally
sold in one-third quart containers.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1233, text, August 10, 1951; (https://texashistory.unt.edu/ark:/67531/metapth266051/m1/3/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.