44 FOOD LEGISLATION, YEAR ENDED JUNE 30, 1908. 



tents shall have been placed in such package, or if it fail to bear a statement on 

 the label of the quantity or proportion of any morphine, opium, cocaine, heroin, 

 alpha or beta eucaine, chloroform, cannabis indica, chloral,' hydrate, acetanilide, 

 acetphenetidine, or phenacetin or antipyrin, or any derivative or preparation of 

 any such substances contained therein. 



Third. If in package form, and the contents are stated in terms of weight or 

 measure, they are not plainly and correctly stated on the outside of the package. 



Fourth. If the package containing it, or its label shall bear any statement, 

 design or device regarding the ingredients or substances contained therein, 

 which statement, design or device shall be false or misleading in any particu- 

 lar.- As amended April 16, 1908; Acts of 1908, ch. 308, pp. 630-632. See Bui. 



112, pt. 2, p. 8. 



SEC. 46. Guarantee for protection of dealer. No dealer shall be prosecuted 

 under the provisions of this act for distributing or selling, or having in his pos- 

 session with intent to distribute or sell, any article of food or drug which under 

 any of said provisions shall be deemed to be adulterated or misbranded ; pro- 

 vided, that said article of food or drug is distributed or sold or had in posses- 

 sion with intent to distribute or sell in the original unbroken package in which 

 it was received by said dealer, and that, in case said article was purchased by 

 said dealer from a wholesaler, jobber, manufacturer, or other person residing 

 in this State, and said dealer can establish a guarantee signed by such whole- 

 saler, jobber, manufacturer or other person from whom he purchased such arti- 

 cle, to the effect that the same is not adulterated or misbranded within the 

 meaning of this act, designating it; or in case said article was purchased by 

 said dealer from a wholesaler, jobber, manufacturer or other person residing in 

 the United States of America, but outside of this State, and said dealer can 

 establish a guarantee, signed by such wholesaler, jobber, manufacturer or other 

 person from whom he purchased such article, to the effect that the same is not 

 adulterated or misbranded within the meaning of an act of the Congress of the 

 United States of America, entitled "An act for preventing the manufacture, sale 

 or transportation of adulterated or misbranded, or poisonous or deleterious 

 foods, drugs, medicines and liquors, and for regulating traffic therein, and for 

 other purposes," approved June thirtieth, one thousand nine hundred and six, 

 and the supplements and amendments thereof. Such guaranty, to afford pro- 

 tection, shall contain the name and address of the person making the sale of 

 such article to such dealer, and in such case said person, if he is a resident of 

 this State, shall be amenable to the prosecution, fines and other penalties which 

 would attach in due course to the dealer under the provisions of this act. If 

 the guaranty is signed by a person who resides outside of this State, then the 

 Board of Health of this State shall report the facts in the case to the Secretary 

 of Agriculture of the United States, or the proper officer appointed for the 

 enforcement of the above-mentioned act of Congress ; and provided further, 

 that no guarantee that any article is not adulterated or misbranded within the 

 meaning of the above-mentioned act of Congress, shall be effective to exempt 

 any dealer from prosecution under this act, unless the provisions of the above- 

 mentioned act of Congress and of this act covering the adulteration and mis- 

 branding of such guaranteed article are identical. 



The provisions of this act relating to misbranding shall not apply to the dis- 

 tribution or sale or to the possession with intent to distribute or sell by any 

 dealer of such proprietary foods and medicines as were in such dealer's stock 

 in this State on October first, nineteen hundred and eight; provided, that the 

 package or other container in which such foods or medicines shall be contained 



a So in Statutes. 



