120 



STATE DEPARTMENT OF AGRICULTURE. 



One-half of 

 fines paid 

 to state 

 treasurer. 



Guaranty 



of 



wholesaler. 



General 

 guaranty. 



Special 

 guaranty. 



facture or who shall fail to properly state the per centum of 

 such ingredients as corn cobs, corn bran, oat hulls, barley hulls, 

 rice hulls, ground light rice, alfalfa meal or similar materials, 

 when such constitute a portion of the package, lot or parcel, 

 or the per centum of grit or mineral matter in poultry feeds 

 shall be deemed guilty of a violation of the provisions of this 

 act and upon conviction thereof shall be fined not more than 

 one hundred dollars for the first violation and not less than 

 one hundred dollars for each subsequent violation. Any manu- 

 facturer, jobber, importer, firm, association, corporation or 

 person who shall mix or adulterate any feeding stuffs with any 

 substance or substances injurious to the health of live stock or 

 poultry shall be deemed guilty of a violation of the provisions 

 of this act, and in addition to the penalty provided in this 

 section, the lot of feeding stuffs shall be subject to seizure, 

 condemnation and sale as the court may direct. The court 

 may in its discretion release the feeding stuffs so seized when 

 the requirements of the provisions of this act have been com- 

 plied with, and upon payment of all costs and expenses 

 incurred by the state in any proceedings connected with such 

 seizure. One-half of all fines, and the proceeds from con- 

 demned foodstuffs collected by any court or judge for the 

 violations of the provisions of this act shall be paid to the 

 state treasurer, and the state treasurer shall deposit such 

 money to the credit of the fund for the maintenance of the 

 state laboratory, to be drawn against by warrants of the state 

 controller upon claims which shall be approved by the state 

 board of health and the state board of control. No dealer 

 shall be prosecuted under the provisions of this act when he 

 can establish a guaranty signed by the wholesaler, jobber, 

 manufacturer or other party, residing in the United States, 

 from whom he purchased such commercial feeding stuffs to 

 the effect that the same are not adulterated, mislabeled or 

 misbranded within the meaning of this act, and can also 

 establish by satisfactory evidence that the commercial feeding 

 stuffs sold, offered or exposed for sale or distributed in this 

 state were mislabeled or did not conform to the analysis 

 declared on the label or tag affixed thereto, and that at the 

 time of selling, offering or exposing for sale or distributing 

 in this state such commercial feeding stuffs the dealer was not 

 aware of that fact; such guaranty may be either general or 

 special. A general guaranty shall guarantee without condi- 

 tion or restriction all of the commercial feeding stuffs pur- 

 chased, prepared, compounded, packed, distributed or sold 

 by the guarantor as not mislabeled or adulterated within the 

 meaning of this act. A special guaranty shall guarantee in 

 the same manner the particular commercial feeding stuffs listed 

 in an invoice of the same and shall be attached to or shall fully 

 identify such invoice. Both said guaranties to afford protec- 

 tion must contain the name and address of the party or parties 

 making the sales of such commercial feeding stuffs to said 



