THIRTY-FIFTH ANNUAL CONVENTION. 201 



in section 2 of this Act, shall be deemed a misdemeanor, and 

 shall be punished as hereinafter provided. 



Sec. 4. The person taking such sample as provided for in 

 section 2 of this Act, shall in the case of bulk or broken package 

 goods divide the same into two equal parts, as nearly as may be, 

 and in case of sealed and unbroken packages he shall select 

 two of said packages, which two said packages shall constitute 

 the sample taken and, properly to identify the same, he shall, in 

 the presence of the person from whom the same is taken, mark or 

 seal each half or part of such sample with a paper seal or other- 

 wise, and shall write his name thereon and number each part of 

 said sample with the same number, and also write thereon the 

 name of the said dealer in whose place of business the sample is 

 found, and the person from whom said sample is taken shall also 

 write his own name thereon, and at the same time the person tak- 

 ing said sample shall give notice to such person from whom said 

 sample is taken that said sample was obtained for the purpose of 

 examination by the State Food Commissioner. One part of said 

 sample shall be taken by the person so procuring the same to the 

 State Analyst or other competent person appointed for the pur- 

 pose of making examinations or analyses of samples so taken, 

 and the person taking such sample shall tender to the person from 

 whom it is taken the value of that part thereof so retained by the 

 person taking said sample ; the other part of said sample shall be 

 delivered to the person from which said sample is taken. If the 

 person from whom said sample is taken has recourse upon the 

 manufacturer or guarantor, either by operation of law or under 

 contract for any failure of the part of said sample to comply with 

 the provisions of this Act, then said person from whom said 

 sample is taken shall retain for the period of ninety days that 

 part of said sample so delivered to him in order that said manu- 

 facturer or guarantor may have the same examined or analyzed 

 if he so desires. 



Provided, that the person procuring said sample may securely 

 pack and box that part thereof retained by him and send the same 

 to the State Analyst, or other competent person appointed here- 



