70 FOOD LEGISLATION, YEAR ENDED JUNE 30, 1908. 



SEC. 6. Misbrandinff defined. A drug or an article of food, or an article which 

 enters into the composition of food, shall be deemed to be misbranded : 



First. If the package containing it, or the label on such package, shall bear 

 any statement, design, or device regarding such article, or the ingredients or 

 substances contained therein, which shall be false or misleading in any particu- 

 lar, or if the same is falsely branded as to the state, territory, or country in 

 which it isTnanufactured or produced. Second.*-If it be offered for sale as an 

 Imitation of, or under the name of, another article. Third. If it is in the pack- 

 age form, and the contents are stated in the terms of weight or measure, the 

 same is not plainly and correctly stated on the outside of the package. 

 Fourth. If the package contains a proprietary or patent medicine, or a proprie- 

 tary or patent food, and the label fails to bear a statement of the quantity or 

 the proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta 

 eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilid or any deriv- 

 ative or preparation of any such substances contained therein: Provided, that 

 the provisions of this section shall not apply to the sale and distribution of such 

 proprietary or patent medicines or proprietary or patent foods as were in the 

 possession of any dealer within this state at the time of the taking effect of 

 this law. 



SEC. 7. Guaranty for protection of dealer. No dealer shall be convicted tinder 

 the provisions of this act, when he can establish a guaranty, signed by the 

 wholesaler, jobber, manufacturer, or other party residing in the United States, 

 from whom he purchases such articles, to the effect that the same is not adul- 

 terated or misbranded within the meaning of the food and drugs act of the 

 United States, approved June 30, 1906, or of this act. Said guaranty, to afford 

 protection, shall contain the name and address of the party or parties making 

 the sale of such articles to such dealer, and in such case said party or parties 

 shall be amenable to the prosecutions, fines, and other penalties which would 

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



SEC. 8. Sampling; penalty for hindering execution of law. Every person 

 offering for or exposing for sale or delivering to a purchaser any drug or article 

 of food included in the provisions of this act shall furnish to any commissioner, 

 or other officer or agent appointed hereunder, who shall apply to him for the 

 purpose and shall tender to him the value of the same, a sample or samples, 

 of any drug or article of food which is in his possession, sufficient, after divi- 

 sion into two equal or nearly equal parts, for the purpose of analysis. The 

 official or agent thus taking said sample or samples shall then and there, in the 

 presence of the person from whom he obtained it, unless said person refuse to 

 witness the operation, divide said sample or samples into two equal or nearly 

 equal parts or specimens, and seal and label the same, said label to state the 

 kind of food or drugs, the date of such taking, and, if obtainable, the name of 

 the person from whom they were taken ; also, if obtainable, the name or names 

 of the parties, if there be any, whom said person represents. Said official or 

 agent shall then and there deliver one of said specimens to the person from whom 

 the same were taken. If any such sample or samples so taken shall appear to 

 be adulterated within the meaning of this act, notice in writing of the fact of 

 such adulteration, containing a description of such sample or samples, shall 

 forthwith be given by mail or otherwise, directed to the person from whom the 

 same were obtained, to the address given by him at the time such sample or 

 samples were taken, before any prosecution shall be instituted thereon: Pro- 

 I, however, that if the person from whom such sample or samples are taken 

 shall omit or refuse to give his name or address, such notice shall not be re- 

 quired. Whoever hinders, obstructs, or in any way interferes with any com- 

 missioner or other officer or agent appointed hereunder, in the performance of 



