food and drug inspection. 3 



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, job- 

 ber, 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 mak- 

 ing the sale of such articles to such dealer, and in such case 

 said party or parties shall be amendable to the prosecutions, 

 fines and other penalties which would attach, in due course, to 

 the dealer under the provisions of this act." 



By Maine Food and Drug Regulation 6, Regulation 9 of the 

 U. S. Secretary of Agriculture which has to do with the form 

 of guaranty, was adopted for Maine. In M. F. D. R. 11, "A 

 Written Guaranty the Dealers Safeguard," the folowing state- 

 ment is made. While the law cited applies only to the sale of 

 food and drugs, discretion is given to the Director regarding 

 prosecutions under other laws. No prosecutions will be made 

 against any handler of feeding stuffs, fertilizers, or agricultural 

 seeds within the State provided he obtain at the time of pur- 

 chase a zvritten ^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 circum- 

 stances, the Director will feel it his duty to begin prosecution, 

 for violations of either of the laws regulating the sale of food 

 and drugs, feeding stuffs, fertilizers, or agricultural seeds. 



There seems to be some misunderstanding relative to the 

 guaranty on the part of the dealers and the attempt is here made 

 to state this matter clearly. 



Any form of guaranty covering the facts may be used. 

 Forms are suggested below. The guaranty must be signed in 

 ink. The signature of a corporation should be made in the 

 following form. First the legal corporate title of the company; 

 second the autograph of a duly authorized officer of the com- 

 pany ; third the title or designation of his office. For example 

 • — The Smith- Jones Company, Chas. R. Doe, Member of firm. 



