128 DRUG LEGISLATION IN THE UNITED STATES. 



board shall have the power, and it shall be their duty, through said analysts, 

 chemists, chief inspector and other inspectors and employes and in such other 

 ways as the said board may deem practicable, to make inquiries and investi- 

 gations concerning alleged or probable violations of any of the provisions of 

 this act, to cause any and all persons guilty of any violation thereof to be prose- 

 cuted under the provisions of this act, and, generally, to adopt, carry out and 

 enforce such rules and regulations as shall promote the purposes of this act. 

 Laws 1901, p. 187-188. 



12. Hamplhiff &// inspectors. Every person who shall distribute or sell, or 

 offer for distribution or sale, or have in his possession with intent to distribute 

 or sell, any article of food or drug, shall, on the request therefor and the tender 

 of the value thereof by any chief or other inspector appointed under the 

 authority of this act, deliver to such chief or other inspector so much of any 

 such article of food or drug as said chief or other inspector may request; if 

 such request shall not be immediately granted said chief or other inspector 

 shall thereupon have the power to demand and take so much of any such article 

 of food or drug as such chief or other inspector may think proper, lie, at the 

 time of said demand and taking, tendering to the person in charge of such 

 article of food or drug what he may deem to be the reasonable value thereof ; 

 said chief or other inspector shall, at the time of the delivery to him of such 

 article of food or drug, or of his demanding and taking the same, divide the 

 sample so delivered or demanded and taken, in the presence of one or more 

 witnesses, into two parts, and shall duly seal each part in a suitable can, vessel 

 or package, and, at the time of taking such sample, shall tender, and if accepted, 

 shall deliver one part to the person of whom the request or demand was made, 

 with a statement, in writing, signed by said chief or other inspector, that such 

 sample is taken for the purpose of analysis; and in any prosecution of any 

 person for the violation of any provision of this act or of any other statute of 

 this state relative to the prevention of deception n the sale of food products, no 

 proof of any analysis thereof shall be given in evidence by the prosecutor unless 

 a part of the sample shall have been sealed up and tendered, with such writing 

 as aforesaid, to the person of whom the request or demand was made. * * * 

 (Amended April J,, 1902; Laws, 1902, p. 579.} 



13. Penalty; proviso concerning warranties. Every person who shall violate 

 any of the provisions of this act, and every person who shall obstruct or in 

 anywise interfere with any analysts, chemists, chief inspector or other inspector 

 or employe of the state board of health in the performance of any duty under 

 this act, shall be liable to a penalty of fifty dollars : provided, however, that if 

 any person charged with the violation of any of the provisions of this act 

 concerning impure foods or impure drugs shall prove at the hearing or trial 

 of the complaint that the article alleged to be impure was produced under a 

 warranty from any person or persons residing within this state, in the form 

 hereinafter set forth, that said article was pure within the meaning of this 

 act, and prior to the hearing or trial shall have filed in the district court, 

 or with the justice of the peace, police justice or recorder, before whom the 

 case is prosecuted, and with the attorney of the prosecutor of the case, a copy 

 of such warranty, the person so complained against shall be discharged from 

 prosecution ; the warranty to justify such discharge shall specifically name and 

 describe the article or articles warranted and shall be of the following form, to 

 wit : " It is hereby warranted that the following-described article or articles, 

 to wit, are pure and unadulterated within the meaning of the act of the 

 legislature of the state of New Jersey entitled 'An act to secure the purity of 

 foods, beverages, confectionery, condiments, drugs and medicines, and to pre- 



