THIRTY-SIXTH ANNUAL CONVENTION. 279 



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

 shall be punished as hereinafter provided. 



Section 4. The person taking such sample, as provided for 

 in Section 2 of this Act, shall, in the case of bulk or broken pack- 

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

 be, and in the 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 

 otherwise, 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 

 taking said sample shall give notice to such person from whom 

 said sample is taken that said sample was obtained for the pur- 

 pose 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 

 purpose of making examinations or analyses of samples so taken, 

 and the person taking such samples 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 com- 

 ply 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 

 manufacturer or guarantor may have the same examined or ana- 

 lyzed 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 



