Chapter XXVII: Section 24: of the By-laws. The fees for each examination

shall be six ($6) dollars, to be paid by the party
adjudged to be in fault.

Rule 6. The weight of all cheese shall be tested by a
regularly appointed official weigher, and his certificates
shall accompany the document conveying the title of the
property. Said official weigher to be appointed by the
Committee on Cheese, subject to the approval of the
Executive Committee.

Rule 7. The weigher's fee shall be twenty-five (25) cents
per factory except where the owner requires more than ten
(10) boxes be tested in which case the fee shall be fifty
(50) cents, which shall be paid by the seller.

Rule 8. Unless otherwise agreed upon in testing the weight
of cheese, not less than five (5) boxes or more than ten
(10) per cent of the whole lot shall be a test, and said
test shall be considered good for three (3) business days,
including day test is made.

Rule 9. In testing weights, all over and short weights
shall be taken into the average on each particular
factory. Single Daisies shall be tested on half pounds,
Double Daisies and all other sizes on even pounds.

Rule 10. Where a lot of cheese is found to test irregular
in weights, either the buyer or seller may require the
entire lot to be reweighed. The charge for same shall be
three (3) cents per box.

Rule 11. Boxes of cheese which may be found largely at
variance from original weights shall not enter into the
average, but their weight shall be separately ascertained
and certified to by the weigher.

Rule 12. Where sales are made, and the buyer finds damaged
or sour cheese in excess of fifteen (15) per cent it shall
be optional with him to refuse or receive the remainder of
the lot purchased. But, in the event of his accepting the
remainder of the lot, the sour or damaged cheese shall
revert to the seller.

Rule 13. The Committee on Cheese shall appoint subject to
the approval of the Executive Committee, a Cheese
Inspector and also a Deputy Inspector, whose duties shall
be, when called upon by members of the Exchange, to
inspect the quality and condition of such lots of cheese
as may be required and to render a certificate of such
inspection. Where the cheese in the lots are reasonably
uniform in quality, the examination of 10 per cent of the
lot shall be considered sufficient, but this shall not
prevent the Inspector examining a larger percentage of the
lot, when he deems it necessary. The fee for inspection
shall be fifty (50) cents for lots consisting of fifty
(50) boxes or less. Lots exceeding fifty (50) boxes shall
be one cent per box, which shall be collected from the
member ordering the inspection.

Rule 14. The Cheese Inspector's certificate shall be made
to read as follows:

NEW YORK MERCANTILE EXCHANGE

_Cheese Inspector's Certificate_

Inspection No.__________

This is to certify that I have this day inspected for M___________
the following cheese, now located at_____________________
Factory and identification marks_________________________
Quantity in lot__________________________________________boxes
Quantity inspected_______________________________________boxes
and find as follows:
Flavor_______________________________________________________________
Body and Texture_____________________________________________________
Color________________________________________________________________
Condition____________________________________________________________
Boxes________________________________________________________________
Grade________________________________________________________________
Inspection charges________________

_____________________________________Inspector_

The certificate to have a blank margin of three inches at
the bottom, for the purpose of inserting specifications of
Institutions, also for cheese sold under the Call, so that
the Inspector may certify that cheese inspected fill the
requirements as specified and the Inspector shall brand
one impression on both boxes and cheese.

NEW YORK MERCANTILE EXCHANGE

OFFICIAL INSPECTION

Number_______________ Date___________________________

____________________________Inspector_

Rule 16. The Weigher's Certificate shall be made to read
as follows:

This is to certify that the following is the actual test of ______
boxes, out of shipment of ______ boxes

Factory Mark___________________________________________

Marked Weights_________________________________________

Actual Weights_________________________________________

Loss___________________________________________________

Average loss_______________lbs. on________________boxes

New York_____________________________19______

______________________ _Weigher_

and the Cheese Rules numbered 6 to 11 inclusive be printed
on the back thereof.

Rule 17. Members offering cheese for sale under the Call
shall describe each lot, as to number of boxes, color,
texture (open or close made), body, flavor, size, and how
boxed, section where made, whether whole milks or skims
and the average weight of each lot. Cheese sold under the
Call to be accepted, or rejected, as a good delivery, or
otherwise, based on the description given at the sale.

Rule 18. When cheese are sold under the Call, unless
otherwise stated, they shall be ready for immediate
shipment.

Rule 19. All cheese offered under the Call, with
Inspector's Certificate attached, shall be accompanied by
such Certificate and be accepted by the buyer
unconditionally, provided the cheese are branded according
to Rule 13.

Rule 20. When cheese are offered under the Call, without
Inspector's Certificate, should the buyer not consider the
cheese a good delivery, according to description by
seller, he may notify the seller, and if the seller is
unwilling to make another delivery, the buyer may call
upon the Inspector to decide whether or not the delivery
shall stand. If the Inspector decides it is a good
delivery, the buyer shall accept the cheese. If the
Inspector decides it is not a good delivery, then the
seller shall have twenty-four (24) hours in which to make
a good delivery. But if the seller, after twenty-four (24)
hours, fails to make a good delivery, then the buyer shall
notify the Superintendent of the Exchange, who shall
collect a penalty of three per cent of the amount of the
transaction, the Exchange retaining twenty-five per cent
of this sum, and seventy-five per cent shall be paid to
the buyer.

Rule 21. Spot sales under the Call shall be for spot cash
unless otherwise agreed.

Rule 22. All failures in meeting contracts shall be
reported to the Superintendent of the Exchange, and
announced at next regular session of the Exchange.

+330. Marketing perishable varieties.+--Soft cheeses, such as Cream, Neufchâtel, Cottage, are usually sold to jobbers or directly to retail stores. They have a very short commercial life, hence cannot be held long before delivery to the consumer. From the jobber, cheese usually goes to the wholesale grocer and then to the retail dealer and finally the consumer. Most jobbers have cold storages so that they can hold cheese without injury to quality. (See Fig. 74.) The kind of cheese marketed in any locality depends on the tastes of the residents. For example, the South usually desires a highly colored product, thinking this color indicates more fat; in the Cheddar group New England demands a soft pasty quick-curing cheese, thinking that softness is a sign of more fat and richness; England wants a rather dry, well-cured, highly flavored cheese. Canadian Cheddar cheese has been standardized as far as possible to appeal to the English market. A long ripening period keeps capital tied up through the further time required for delivery. This has led to the sale of much of the cheese almost or entirely unripe. So much of the product has reached the consumer without characteristic varietal flavor that large numbers have acquired the habit of purchasing and even preferring cheese only partly ripe.

The time during which cheese should be held at the factory depends on the variety. Some are shipped as soon as made, including those cheeses with sour-milk flavor only. Others have to be cured in the factory from six to eight weeks. Cheeses in paper or tin-foil should be neatly wrapped and carefully put in the boxes. The box of cheese should be neat, clean and attractive. Cheeses not wrapped should have a firm rind to hold them in shape. The boxes should be clean and the weight of cheese neatly and plainly marked. In the case of Cheddar cheese, it may be paraffined at the factory, but if not, this is usually done at the cold storage of the jobber. The cheeses usually have some time to cure or ripen while being handled by the various dealers.

+331. Distribution of price.+--The final selling price of cheese is a composite of all the changes that have gone before; or conversely, the farmer, the maker, the carrier and the distributors (wholesale, jobbing and retail dealers) must all be paid from the final price of the product. A study of this problem in Wisconsin has been made by Hibbard, and Hobson.[139] The general facts as determined for Wisconsin have fairly wide application to the manufacture and sale of cheese.

Economic success in handling cheese is dependent on proper provision for the sale of the product. Where the output is small, a personal market can be created and maintained. This eliminates all profits intervening between the maker and the retailer. If the business reaches a volume beyond the possibilities of direct sale to the retailer, some selling organization is necessary. Where the number of producers is great and the selling machinery is well organized, the cheese factory becomes a producer of a commodity which is turned over to existing selling agencies. This condition is well established for Cheddar, Swiss, Brick and Limburger cheese. The soft cheeses other than Limburger have thus far been handled principally by large companies, each of which has developed an expensive selling organization. A study of the map (Fig. 65) shows how the cheese industry is localized in particular sections of certain states. Individual factories have maintained themselves in widely separated places. This localization is due to the geographical conditions which make certain regions specially adapted to dairying, modified by the proximity to markets for milk as milk. There are many regions, however, well adapted to cheese production in which there is no development of the industry at present. New developments are now taking place in the mountain areas of the South, notably North Carolina and adjacent states, and in several centers of the western mountain states. Many other areas should develop the making of cheese in some form.

The actual costs of making and selling cheese were found by the Wisconsin investigators to vary approximately as follows: (1) cost of making, 1.2 to 1.75 cents; (2) storage, 1/8 cent a pound a month, or 3/8 to ½ cent for the season; (3) transportation to distant points, $.20 to $2.50 for 100 pounds according to distance; (4) the local dealer, about 1 cent a pound; (5) the wholesale dealer, 2 cents; (6) the jobber or broker who occasionally intervenes, about 1/8 to ¼ cent; and the retailer, 5.5 to 9 cents. The entire cost of selling at the time this investigation was made represented about one-half of the retail price of the cheese. The producer of milk received the other half of that price.

+332. Standards.+--Legal standards in the United States are thus far largely based on the specifications of American Cheddar. In so far as they are applied to other products, they operate merely to prevent or reduce the use of skimmed-milk. The analyses and limits proposed in the discussion of varieties or groups in this book represent the range of composition actually known to be associated with cheeses of typical quality. Efforts are now being made to establish definitions and standards of composition which will limit the use of cheese names to products conforming to the requirements for such varieties. Practically the only federal requirement thus far enforced in the United States is that 50 per cent of the water-free substance of the cheese must be milk-fat. Various states have local requirements but most of them include the federal rule as to fat. New York and Wisconsin now restrict the amount of water in Cheddar cheese to 40 per cent. Most states have laws regulating the manufacture and sale of skimmed-milk cheese.

+333. Laws relating to cheese marketing.+--A cheese of foreign origin if made in this country must be branded to show that it is not imported. For example, Camembert made in America is labeled Domestic Camembert. Some manufacturers call it Camembert type of cheese. The same applies to other varieties of foreign cheese. If a variety is made under a trade-marked name, this prevents any other manufacturer from using that name. For example, a concern may make "Philadelphia" cream cheese; other concerns may make cream cheese, but they must call it by some other name.

The committee on definitions and standards for the Association of Official Agricultural Chemists has now undertaken to define the proper use of type names. This is intended to determine the proper limits of composition of cheeses in each variety and such essentials of physical identification as will insure the proper use of these names.

Certain states have laws which relate to the branding of the cheese to denote quality. If the cheese is made from whole milk, a brand may be applied to show this fact. This is usually called the state brand. If made from skimmed-milk, the cheese must be branded to show this. The following[140] illustrate the laws relating to the state brand and skimmed-milk cheese:

Sec. 48. Manufacturer's brand of cheese. "Every
manufacturer of whole-milk cheese may put a brand or label
upon such cheese indicating 'whole-milk cheese' and the
date of the month and year when made; and no person shall
use such a brand or label upon any cheese made from milk
from which any of the cream has been taken. The
Commissioner of Agriculture shall procure and issue to the
cheese manufacturers of the state, on proper application
therefor, and under such regulations as to the custody and
use thereof as he may prescribe, a uniform stencil brand
or labels bearing a suitable device or motto, and the
words 'New York state whole-milk cheese.' Every such
brand or label shall be used upon the outside of the
cheese and shall bear a different number for each separate
factory. The commissioner shall keep a book, in which
shall be registered the name, location and number of each
manufactory using the brands or labels, and the name or
names of the persons at each manufactory authorized to use
the same. No such brand or labels shall be used upon any
other than whole-milk cheese or packages containing the
same. (As amended by chapter 207 of the Laws of 1910.)

Sec. 49. Use of false brand prohibited; branding of
skim-milk cheese regulated. No person shall offer, sell or
expose for sale, in any package, butter or cheese which is
falsely branded or labeled. No person shall sell, offer or
expose for sale cheese commonly known as Cheddar cheese
made from skimmed or partially skimmed milk unless the
same is branded to show that it is skim-milk cheese. All
such cheese so sold, offered or exposed for sale shall be
branded with the words 'skim-milk cheese,' or if such
cheese contains thirteen per centum of milk fat or over,
it may be branded 'medium skim-milk cheese,' or if it
contains eighteen per centum of milk fat or over, it may
be branded 'special skim-milk cheese.' Such branding shall
be upon the sides of both the cheese and the container.
The branding herein provided shall be in block letters at
least one-half an inch square. (As amended by chapter 456
of the Laws of 1913.)"

Filled cheeses are those from which the milk-fat has been removed and other animal fats substituted. The laws of some states prohibit the manufacture of this product. The federal law relating to filled cheese permits its manufacture under license, taxes and government inspection.

The various states have laws regulating the length of time that the cheese may be held in cold storage.

Another important law in some states requires the cheese-maker to have a license. He must pass an examination to show that the principles and practices of cheese-making are understood.