FORTY-FIRST ANNUAL CONVENTION 231 



where such food or dairy product, or substitute thereof, or inii 

 ration thereof for which he is required to search, is behe\'ed to 

 be concealed, which place and the property to be searched for, 

 shall be designated in the warrant, and to bring such food or 

 dairy product or substitute thereof or imitation thereof, when 

 found, and the person in whose possession the same is found 

 before the magistrate who issued the warrant, or before some 

 other court or magistrate having jurisdiction of the case to be 

 proceeded against as hereinbefore provided for in section lo of 

 this Act. 



Section 31. State's Attorney to Assist. — It shall be the 

 duty of the State's Attorney in any county of this State when 

 called upon by the commissioner, or any of his assistants, to ren- 

 der any legal assistance in his power to execute the law and to 

 prosecute cases arising under the provisions of this x\ct : Pro- 

 vided, That no person shall be prosecuted under the provisions of 

 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 

 unbroken 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 ad- 

 dress of the party or parties making the sale of such article to 

 such dealer, and in such case said party or parties shall be amen- 

 able to the prosecution, fines and other penalties as provided for 

 in this Act : Provided, that no such guaranty shall operate as a 

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

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

 Commissioner that such article is adulterated or misbranded 

 within the meaning of this Act; second, if the dealer shall fail 

 to preserve for the manufacturer or guarantor and deliver to 

 him upon demand the sample left with him by the commission- 

 er or his agent. 



