254 FOODS AND FOOD ADULTERANTS. 



ject only to the liability to forfeiture under the twenty-first section of this act. (48- 

 49V., c. 67,8.23.) 



24. Every compounder or dealer in and every manufacturer of intoxicating liquors 

 who has in his possession or in any part of the premises occupied by him as such any 

 adulterated liquor, knowing it to be adulterated, or any deleterious ingredient speci- 

 fied in the schedule hereto, or added to such schedule by the governor in council, for 

 the possession of which he is unable to account to the satisfaction of the court before 

 which the case is tried, shall be deemed knowingly to have exposed for sale adulter- 

 ated food, and shall incur for the first olfense a penalty not exceeding one hundred 

 dollars, and for each subsequent offense a penalty not exceeding four hundred dollars. 

 (48-49 V., c. 67, s.24.) 



25. Every person who knowingly attaches to any article of food or any drug any 

 label which falsely describes the article sold or offered or exposed for sale, shall incur 

 a penalty not exceeding one hundred dollars and not less than twenty dollars and 

 costs. (48-49 V., 0. 67, s. 25.) 



26. Every penalty imposed and recovered under this act shall, except as herein other- 

 wise provided, and except in the case of any suit, action, or prosecution brought or in- 

 stituted under the provisions of the next following section, bo paid over to the minis- 

 ter of finance and receiver-general, and shall form part of the consolidated revenue 

 fund. (48-49 V., c. 67, s. 26.) 



GENERAL PROVISIONS. 



27. Nothing herein contained shall be held to preclude any person from submitting 

 any sample of food, drug, or agricultural fertilizer for analysis to any public analyst, 

 or from prosecuting the vendor thereof, if such article is found to be adulterated, but 

 the burden of proof of sale, and of the fact that the sample was not tampered with 

 after purchase, shall be upon the person so submitting the same : 



(2) Any public analyst shall analyze such sample on payment of the fee prescribed 

 in respect of such article or class of article by the governor in council. (48-49 V., c. 

 67,8.27.) 



28. Any expenses incurred in analyzing any food, drug, or agricultural fertilizer, in 

 pursuance of this act, shall, if the person from whom the sample is taken is convicted 

 of having in his possession, selling, offering or exposing for sale, adulterated food, 

 drugs, or agricultural fertilizers, in violation of this act, be deemed to be a portion of 

 the cost of the proceedings against him, and shall bo paid by him accordingly; and 

 in all other cases such expenses shall be paid as part of the expenses of the officer, or 

 by the person who procured the sample, as the case may be. (48-49 V.., c. 67, s. 28.) 



29. The governor in council may, from time to time, make such regulations as to 

 him seem necessary, for carrying the provisions of this act into effect. (48-49 V., c. 67, 

 6.20.) 



30. The provisions of " the inland revenue act," whether enacted with special ref- 

 erence to any particular business or trade, or with general reference to the collection 

 of the revenue, or the prevention, detection, or punishment of fraud or neglect in 

 relation thereto, shall extend, apply, and be construed, and shall have effect with ref- 

 erence to this act, as if they had been enacted with special reference to the matters 

 and things herein provided for. 



(2) Every- penalty imposed under this act may be enforced and dealt with as if im- 

 posed under the said act, and every compounder, and the apparatus used by him, and 

 the place in which his business is carried on, and the articles made or compounded by 

 him, or used in compounding any such article, shall be " subject to excise " under the 

 said act. (48-49 V., c. 67, s. 30.) 



SCHEDULE. 



Cocculus indicus, chloride of sodium (otherwise common salt), copperas, opium, 

 cayenne pepper, picric acid, Indian hemp, strychnine, tobacco, darnel seed, extract 

 of logwood, salts of zinc, copper, or lead, alum, methyl alcohol and its derivativ 

 amyl alcohol, and any extractor compound of any of the above ingredients. 



The English laws will be found in Hassall or Blyth. 



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