KENTUCKY. 17 



SEC. 9. Prosecution. Whenever any article shall have been examined and 

 found to be adulterated or misbranded in violation of this act, the Director 

 shall certify the facts to the Commonwealth's attorney of the district, or to 

 the county attorney of the county, or the city attorney of any city or town, 

 in which the said adult era ted or misbranded food or drug product was found, 

 together with a statement of the results of the examination of said article of 

 fund or drug, duly authenticated by the analyst under oath and taken before 

 some officer of this Commonwealth authorized to administer an oath having 

 ::1. And it shall be the duty of every Commonwealth's attorney, county 

 attorney and city attorney to whom the Director of said station shall report 

 any violation of this act or to whom the State Board of .Health, or the State 

 P.oard nf Pharmacy. ..r to whom the chief health officer of any county, city or 

 town shall report any such violations, to cause proceedings to be commenced 

 against the party so violating the act, and the same prosecuted in manner as 

 required by law. Provided, however, That in case of the first charge or finding 

 the man or dealer shall be notified of the findings and be given a 



hearing within fifteen days before a report is made to the Commonwealth's, 

 j as herein provided. Provided further, That where 



more than one sample of the same brand of product has been taken and 

 examined, the :irst tindini: or charge shall be construed to apply to all samples 

 so taken, and notice and hearing shall apply to all such samples. 



rovisos. Said station shall make an annual report 



to the Covernor upon adulterated food or drug products in addition to the 



rep"i!- required by law which shall not exceed one hundred and fifty pages, 



and su.b annual reports shall be submitted to the General Assembly at its 



1 said station may issue from time to time a bulletin giving 



the i :he inspections and of all analyses of samples taken or submitted 



ination under this act, together with the names of the parties from 



i the samples were taken, or where the inspections were made, and as far 



the manufacturers, the number of samples found to be 



,e number found not adulterated, and other information which 



may ! nufact urers or dealers in food of a drug products or 



idnl, however. That before such publication is made the 



manufacturer ->f the irttclc and the dealer shall be furnished a true copy of the 

 warding the article at least thirty days before the publi- 

 i and hearini: L'i\en the dealer and manufacturer, and any statements or 

 explanations made by such manufacturer shall be included in the same place and 

 I with the publication : irding the article. And provided further, 



That if at the bearing of the manufacturer or dealer, as provided by section 9 

 hereof, said manufacturer shall produce the affidavit of a competent analytical 

 chemist controverting the finding of said station or its director or chemist, as 

 tin* case may be, and affirmatively showing that there is neither adulteration or 

 misbrandini: of such article under the provisions of this act, then there shall be 

 no publication of either the name of the manufacturer or dealer, or of the name 

 of the brand of the article until after a trial and a verdict of guilty as herein 

 pro\ ided. And provided further, That where prosecution is made for violation of 

 any of the provisions of this act, no official publication shall be made of the 

 result of the inspection and analysis until the matter has been finally adjudi- 

 cated, and in case of appeal, by the court of last resort. 



. 1 1. Cost of analysis; ;>/>/-r>/>nu/io/i; expenditures. Said Experiment Sta- 

 tion shall receive seven dollars and fifty cents ($7.50) for the analysis or exam- 

 ination of any sample of food or drug taken or submitted in accordance with 



a So in Statutes. 

 j>9 Bull. 12109 2 



