THIRTY-SEVENTH ANNUAL CONVENTION. 285 



this Act for selling or offering for sale any article of food or 

 drugs as defined herein, when the same is found to be adulterated 

 or misbranded within 'the meaning of this Act, in the original 

 unbroken package in which it was received by said person when 

 he can establish a guaranty signed by the wholesaler, jobber, 

 manufacturer or other party residing in this State, to the effect 

 that the same is not adulterated or misbranded in the original un- 

 broken package in which said article was received by said dealer ; 

 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 article to such dealer, 

 and in such case said party or parties shall be amendable to the 

 prosecutions, fines and other penalties as provided for in this 

 Act : Provided, that no such guaranty shall operate as a de- 

 fense to prosecutions for the violation of this Act. First, if the 

 dealer shall continue to sell after notice by the State Food Com- 

 missioner that such article is adulterated or misbranded within 

 the meaning of this Act; second, if the dealer shall fail to pre- 

 serve for the manufacturer or guarantor and deliver to him up- 

 on demand the sample left with him by the commissioner or his 

 agent. 



Section 32. State Board of Health to Furnish Samples. — 

 The State Board of Health may submit to the commissioner or 

 any of his assistants samples of food or drink for examination 

 or analysis, and shall receive special reports showing the results 

 of such examination or analysis. 



Section 33. State Analyst Shall Not Furnish Certificate of 

 Purity. — It shall be unlawful for the State Analyst or any assist- 

 ant State Analyst to furnish to any individual, firm or corpora- 

 tion any certificate as to the purity or excellence of any article 

 manufactured or sold by them to be used as food or in the prep- 

 eration of food. 



Section 34. Using Shift or Device. — The use of any shift 

 or device to evade the provisions of this Act shall be deemed a 

 violation of such provision and punishable as herein provided. 



