78 FOOD LEGISLATION, YEAH ENDED JTJXE 30, 1908. 



nineteen hundred [Bui. 69 Rev., pt. 8, pp. 639-642], be and the same is, hereby 

 repealed and be it further enacted by the general assembly of Virginia : 



1. Sampling and analyses; appointments. For the purpose of protecting 

 the people of the State from imposition by the adultering and misbranding of 

 food, the dairy and food commissioner shall cause to be procured from time to 

 time, and under the rules and regulations to be prescribed by him, with the 

 approval of the board of agriculture and immigration in accordance with the 

 provisions 'of this act, samples of food offered for sale in this State, and shall 

 cause the same to be analyzed and examined microscopically or otherwise by 

 the chemists or other experts of the department of agriculture and immigration ; 

 and he is hereby authorized to make such publication of the results of the 

 examination, analyses, and so forth, as he may deem proper ; and for the proper 

 execution of the provisions of this act, the dairy and food commissioner shall 

 with the approval of the board make such appointments as may be necessary 

 and the board shall fix the compensation of such appointees. 



SEC. 2. Adulteration a misdemeanor; penalty. No person, firm or corporation, 

 either directly or through any agent, shall manufacture, sell, expose for sale or 

 have in his possession with intent to sell, any article of food, which is adul- 

 terated or misbranded within the meaning of this act, and any person who shall 

 violate any of the provisions of this act shall be guilty of a misdemeanor, and 

 for such offense, shall be fined not exceeding two hundred dollars for the first 

 offense, and for each subsequent offense not exceeding three hundred dollars, 

 or be imprisoned not exceeding one year, or both, in the discretion of the court ; 

 and such fines less legal costs and charges, shall be paid into the treasury of 

 the State. 



SEC. 3. Results of analysis as evidence; hearings. The chemists or other 

 experts of the department of agriculture and immigration shall make, by the 

 methods hi use at the time by the association of official agricultural chemists 

 of the United States, examinations of specimens of food offered for sale in 

 Virginia, which may be collected from time to time as prescribed by this act 

 in various parts of the State ; and if it shall appear from any such examinations 

 that any such specimen is adulterated or misbranded within the meaning of this 

 act, that notice thereof shall be given to the manufacturer, guarantor, or person 

 from whom the sample was obtained. Any person so notified shall be given 

 an opportunity to be heard under such rules and regulations as may be pre- 

 scribed by the dairy and food commissioner and the commissioner and board of 

 agriculture and immigration, and if it appears that any of the provisions of 

 this act have been violated, the dairy and food commissioner shall certify the 

 facts to the Commonwealth's attorney of the city or county in which the sample 

 was obtained, and furnish the officer with a copy of the results of the analysis or 

 other examinations of such article, duly authenticated by the analyst or other 

 officer making such examination under the oath of such officer. In all prose- 

 cutions arising under this act the certificates of the analyst or other officer 

 making the analysis or examination, when duly sworn to by such officer, shall 

 be prima facie evidence of the fact or facts therein certified. 



SEC. 4. Prosecution. It shall be the duty of every Commonwealth's attorney 

 to whom the dairy and food commissioner shall report any violation of this act 

 to cause the proceedings to be commenced and prosecuted without delay for the 

 fines and penalties in such cases prescribed. 



SEC. 5. " Food " defined. The term " food " as used in this act shall include 

 all articles used for food, drink, confectionery, or condiment by man or other 

 animals, whether simple, mixed, or compound. 



So in Statutes. 



