206 DRUG LEGISLATION IN THE UNITED STATES. 



practicing deception or fraud in the manufacture and sale thereof. All fines 

 collected in prosecutions begun or caused to be begun by the dairy and food 

 commissioner or either of his assistants shall be paid into the state treasury. 



1410b. Samples for analysis. The commissioner, his agent or assistant 

 * * * may enter any place or building in which there iS reason to believe 

 that any food, drink or drug is made, prepared, sold or offered for sale, and 

 may open any package or receptacle of any kind containing, or which is sup- 

 posed to contain, any article of food, drink or drug, and examine or analyze 

 the contents thereof. Any such article or a sample thereof may be seized or 

 taken for the purpose of having' it analyzed ; but if the person from whom it 

 is taken shall so request, at the time o taking, the officer shall then and in 

 the presence of such person securely seal up two samples of such article, one 

 of which shall be for analysis under the direction o the commissioner, the 

 other shall be delivered to the person from whom the sample or article was 

 obtained. * * * 



1410c. Submission of articles for analysis; evidence. The State board of 

 health, medical officers of local boards of health, town and village boards or 

 common councils may submit to the dairy and food commissioner samples of 

 water or other drinks, or food or drugs for analysis, and the same shall be 

 examined and reports made of the analysis thereof to the body or officer sub- 

 mitting the same as soon as practicable; such reports shall fully specify the 

 result of the analysis and be signed by such commissioner ; they shall be ac- 

 cepted in all courts and places as prima facie evidence of the properties or 

 condition of the articles analyzed. 



Statutes, 1898, vol. 1, p. 1059-1060. 



DISTRIBUTION OF SAMPLES. 



4601d. Restrictions; penalty. Any person who shall by himself, his servant 

 or agent, or as the servant or agent of any other person leave, throw or deposit 

 or have in his possession with intent to leave, throw or deposit upon the door- 

 step or premises owned or occupied by another or who shall deliver to any 

 child under the age of fifteen years, when not accompanied by an adult, any 

 patent or proprietary medicine or any preparation, pill, tablet or drug that 

 contains poison or other ingredients deleterious to health, as a sample or in 

 any quantity whatever for the purpose of advertising or otherwise, shall be 

 deemed guilty of a misdemeanor and shall be punished as provided in section 

 4601a. [By a fine of $25 to $100 or imprisonment of 30 days to 4 months.] 



Laws, 1901, p. 468. 



