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package in which it is offered for sale: Provided, That the term blend as used 
herein shall be construed to mean a mixture of like substances, not excluding 
harmless coloring or flavoring ingredients used for the purpose of coloring and 
flavoring only : And provided f urther, That nothing in this Act shall be con- 
strued as requiring or compelling proprietors or manufacturers of proprietary 
foods which contain no unwholesome added ingredient to disclose their trade 
formulas, except in so far as the provisions of this Act may require to secure 
freedom from adulteration or misbranding. 
Sec. 9. That no dealer shall be prosecuted under the provisions of this Afct 
when he can establish a guaranty signed by the wholesaler, jobber, manu- 
facturer, or other party residing in the United States, from whom he pur- 
chases such articles, to the effect that the same is not adulterated or mis- 
branded within the meaning of this Act, designating it. Said guaranty, to 
afford protection, shall contain the name and address of the party or parties 
making the sale of such articles to such dealer, and in such case said party or 
parties shall be amenable to the prosecutions, fines, and other penalties which 
would attach, in due course, to the dealer under the provisions of this Act. 
Sec. 10. That any article of food, drug, or liquor that is adulterated or mis- 
branded within the meaning of this Act, and is being transported from one 
State, Territory, District, or insular possession to another for sale, or, having 
been transported, remains unloaded, unsold, or in original unbroken packages, 
or if it be sold or offered for sale in the District of Columbia or the Territories, 
or insular possessions of the United States, or if it be imported from a foreign 
country for sale, or if it is intended for export to a foreign country, shall be 
liable to be proceeded against in any district court of the United States within 
the district where the same is found, and seized for confiscation by a process 
of libel for condemnation. And if such article is condemned as being adul- 
terated or misbranded, or of a poisonous or deleterious character, within the 
meaning of this Act, the same shall be disposed of by destruction or sale, as 
the said court may direct, and the proceeds thereof, if sold, less the legal costs 
and charges, shall be paid into the Treasury of the United States, but such 
goods shall not be sold in any jurisdiction contrary to the provisions of this 
Act or the laws of that jurisdiction : Provided, however, That upon the pay- 
ment of the costs of such libel proceedings and the execution and delivery of a 
good and sufficient bond to the effect that such articles shall not be sold or 
otherwise disposed of contrary to the provisions of this Act, or the laws of any 
State, Territory, District, or insular possession, the court may by order direct 
that such articles be delivered to the owner thereof. The proceedings of such 
libel cases shall conform, as near as may be, to the proceedings in admiralty, 
except that either party may demand trial by jury of any issue of fact joined 
in any such case, and all such proceedings shall be at the suit of and in the 
name of the United States. 
Sec. 11. The Secretary of the Treasury shall deliver to the Secretary of Agri- 
culture, upon his request from time to time, samples of foods and drugs which 
are being imported into the United States or offered for import, giving notice 
thereof to the owner or consignee, who may appear before the Secretary of Agri- 
culture, and have the right to introduce testimony, and if it appear from the 
examination of such samples that any article of food or drug offered to be im- 
ported into the United States is adulterated or misbranded within the meaning 
of this Act, or is otherwise dangerous to the health of the people of the United 
States, or is of a kind forbidden entry into, or forbidden to be sold or restricted 
in sale in the country in which it is made or from which it is exported, or is 
otherwise falsely labeled in any respect, the said article shall be refused ad- 
