FLORIDA. 53 



person receiving the same a notice, by a label, distinctly and legibly written or 

 printed on or with the article or drug, to the effect that the same is mixed. 



7. Defendant must prove conditions under proviso (sec. 5). In any prosecu- 

 tion under this act, where the fact of an article having been sold in a mixed 

 state has been proved, if the defendant shall desire to rely upon proviso con- 

 tained in this act, it shall be incumbent upon him to prove the same. 



8. Dealer ignorant of adulteration. If the defendant in any prosecution under 

 this act prove to the satisfaction of the court that he had purchased the article 

 in question as the same in nature, substance, and quality as that demanded of 

 him by the purchaser, and with a written warranty to that effect ; that he had 

 no reason to believe at the time when he sold it that the article was otherwise ; 

 and that he sold it in the same state as when he purchased it, he shall be dis- 

 charged from the prosecution. 



9. Forging of warranty; penalty. Any person who shall forge, or shall use, 

 knowing it to be forged, any certificate or any writing purporting to contain 

 a warranty, as provided in section eight of this act, shall be guilty of a misde- 

 meanor and be punishable, on conviction, by imprisonment for a term not 

 exceeding one year with hard labor. 



10. False or misapplied warranties; penalty. Every person who shall wilfully 

 apply to any article of food or a drug a certificate or warranty given in rela- 

 tion to any other article or drug, or who shall give a false warranty in writing 

 to any purchaser in respect of an article of food or drug sold by him as princi- 

 pal agent, or who shall wilfully give a label with any article sold by him which 

 shall falsely describe the article sold, shall be guilty of a misdemeanor, and on 

 conviction be fined not to exceed one hundred dollars. 



11. Chemist. The analysis provided for in this act shall be under the control 

 of the Commissioner of Agriculture under such rules and regulations as he may 

 prescribe. 



12. Demands for analysis. Any purchaser of an article of food or of a drug 

 shall be entitled to have such article analyzed by such analysist, and to receive 

 from him a certificate of the result of his analysis. And any health officer, 

 inspector of nuisances, or any food inspector may procure any sample of food 

 or drug, and if he suspects the same to have been sold to him contrary to any 

 provision of this act, he shall submit the same to the Commissioner of Agri- 

 culture to be analyzed, who shall with all convenient speed cause such analysis 

 to be made and give a certificate to such officer, wherein he shall specify the 

 result of the analysis. 



13. Purchase of samples for analysis. If any officer mentioned in section 12 

 of this act shall apply to purchase any article of food or any drug exposed to 

 sale or on sale by retail on any premises, or in any shop or store, and shall 

 tender the price for the quantity which he shall require for the purpose of 

 analysis, not being more than shall be reasonable requisite, and the person 

 exposing the same for sale shall refuse to sell the same to such officer, such 

 officer shall have the right to enter the premises where the same shall be so 

 exposed for sale and seize and take into his possession a sufficient quantity 

 of any such food or drug, and shall keep same for the purpose of analysis. 



14. Definition. The term " drug," as used in this act, shall include all medi- 

 cines for internal and external use. 



15. Exemption of certain articles. The Commissioner of Agriculture may 

 from time to time declare certain articles or preparations to be exempt from 

 the provisions of this act; and it shall be the duty of the Commissioners to 



in Statutes. 



