THIRTY-EIGHTH ANNUAL CONVENTION 207 



%'idedj That no i.crson 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 <J;"ect 

 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 

 su<*h dealer, and in such case said party or parties shall be amend- 

 able to the prosecutions, 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 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 as- 

 sistant State Analyst to furnish to any individual, firm or cor- 

 poration any certificate as to the purity or excellence of any 

 article manufactured or sold by them to be used as food or in 

 the preparation 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. 



Section 35. Master's Liability, Etc. — Whoever shall, by 



