THIRTY-EIGHTH ANNUAL CONVENTION 193 



number each part of said sample with the same number, and also 

 write thereon the name of the said dealer in whose place of busi- 

 ness the sample is found, and the person from 'whom said sam- 

 ple is taken shall also write his own name thereon, and at the 

 same time the person taking 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 com- 

 petent person appointed for trie purpose of making examinations 

 or analysis 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 whom 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 on the part of said sample to comply with the pro- 

 visions of this Act, then said person from whom said sample is 

 taken shall retain for the period of six months that part of said 

 sample so delivered to him in order that said manufacturer or 

 guarantor may have the same examined or analyzed if he so 

 desires. 



Provided, that the person procuring said sample may se- 

 curely pack and box that part thereof retained by him and send 

 the same to the State Analyst or other competent person ap- 

 pointed hereunder, and the testimony of the person procuring 

 said sample that he did procure the sample and that he sealed 

 and numbered the same as herein provided, and that he wrote 

 his name thereon, and that he packed and boxed said part thereof 

 and sent the same to the State Analyst or other competent per- 

 son appointed hereunder, and the testimony of the person anal- 

 yzing said sample that he received the same in apparent good 

 order, that said sample was sealed, and that the number thereof 

 and the name of the sender, as herein provided for, was on said 

 sample, and that the seal at the time the same was received was 

 unbroken, shall be prima facie evidence that the sample so re- 



