FORTY-FIRST ANNUAL CONVENTION 235 



be deemed prima facie evidence of the proper standard of quali- 

 ty, purity and strength of any such article or substance, but 

 shall only be deemed such prima facie evidence in the trfal oi 

 cases brought in the proper courts to enforce the provisions of 

 this Act : Provided, that nothing in this section shall be con- 

 strued to prevent the sale of any wholesome food product which 

 varies from such standards, if such article of food be labeled so 

 as to clearly indicate such variation. 



Section 39(7. Whoever offers for sale, exposes for sale, or 

 sells any article of food which does not conform to the defini- 

 tion or analytical requirements provided for in section 39 of 

 this Act shall be guilty of a misdemeanor and shall be punished 

 as herein provided. 



Section 40. Preliminary Hearing by the Commissioner. — 

 When it appears from the examination or analysis that the pro- 

 visions of this Act have been violated, the Food Comm'issioner 

 shall cause notice of such fact together with a copy of the find- 

 ings, to be given to the party or parties from whom the sample 

 was obtained; and to the party, if any, whose name appears upon 

 the label as manufacturer, packer, wholesaler, retailer, or other 

 dealer, by registered mail. The receipt of the postoffice depart- 

 ment for such registered notice shall be received as prima facie 

 evidence that such notice has been given. The party, or parties 

 so notified, shall be given an opportunity to be heard under such 

 rules and regulations as may be prescribed as aforesaid. Notices 

 shall specify the date, hour and place of the hearing. The hear- 

 ing shall be private, and the parties interested therein may ap- 

 pear in person or by attorney. If, after such hearing, the Com- 

 missioner shall believe this Act has been violated, he shall cause 

 the party or parties whom he believes to be guilty, to be prose- 

 cuted forthwith, under the provisions of this Act. No action or 

 prosecution shall be instituted against any person for a violation 

 of the provision of this Act, unless the same shall have been 

 commenced within six months from the taking of said samples. 



Section 41. Penalty. — Any person convicted of violating 

 any of the provisions of the foregoing Act shall, for the first 



