OFFICIAL INSPECTION 14. I33 



cannot be lawfully removed from the original packages before being 

 sold unless they are still correctly labeled. For example — adulterated 

 maple sugar may be sent out in boxes that are properly labeled ; it is 

 unlawful for the dealer to remove it from the package in which it was 

 received and expose it for sale unless it shall be plainly marked adul- 

 terated maple sugar or maple sugar and cane sugar or whatever is nec- 

 essary to accord with the fact. Pork sausage as put up by many manu- 

 facturers contains some cereal and is properly labeled "Pork sausage, 

 cereal added." The removal of such sausage from the original package 

 and exposure for sale without proper labeling is unlawful. An imitation 

 cream of tartar sold in bulk, may be properly labeled in its original 

 package but it is unlawful to remove it from that package and expose 

 it for sale unless it shall be properly labeled. 



M. F. D. R. 13. 



Superseded. 



M. F. D. R. 14. 



THE GUARANTY. 



Section 9 of the Maine Food and Drug Law reads as follows : "No 

 dealer shall be prosecuted under 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 purchased 

 such articles, to the effect that the same is not adulterated or misbranded 

 within the meaning of this act, designating it. 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 .'•aid 

 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." 



The object of the Legislature in enacting this section was two-fold; 

 to offer adequate protection to the honest dealer and throw the respon- 

 sibility for adulterations back where it belongs, upon the manufacturer. 

 It is earnestly recommended that every dealer in the state, whenever 

 he shall purchase any article rf food or drugs, feeding stuffs, fertilizers 

 or agricultural seeds coming under the requirements of the inspection 

 laws, insist upon and obtain from the person from whom he purchases, 

 a written guaranty in accord with the law above cited. 



No prosecutions will lie against any handler of food or drugs within 

 the state provided the goods carry the U. S. serial number or he 

 obtains at the time of purchase a zuritten guaranty that the goods are 

 in conformity with the law regulating their sale. Failure to obtain such 

 a guaranty on the part of the dealer will be presumptive evidence that 

 he is not sufficiently interested in the purity of the goods which he 

 handles, and unless there are especially extenuating circumstances, the 

 Director will feel it his duty to begin prosecution for violations of the 

 law regulating the sale of food and drugs. 



