AFebJruaryT?9ao7m'}      Draft  of  the  Proposed  Georgia  Law.  83 
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,  further ;  that 
nothing  in  this  Act  shall  be  construed  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;  provided,  also,  that  this 
Act  shall  not  apply  to  stocks  of  drugs  and  medicines  on  hand  in  this 
State,  until  the  first  day  of  August,  1908. 
Sec.  6.  Be  it  enacted,  That  no  dealer  shall  De  prosecuted  under 
the  provisions  of  this  Act  when  he  can  establish  a  guaranty  signed 
by  the  wholesaler,  jobber,  manufacturer,  or  other  party  residing  in 
the  State  of  Georgia,  from  whom  he  purchases  such  articles,  to  the 
effect  that  the  same  is  not  adulterated  or  misbranded  within  the 
meaning  of  this  Act,  designating  it.  Said  guaranty,  to  afford  protec- 
tion, shall  contain  the  name  and  address  of  the  party  or  parties 
making  the  sale  of  such  articles  to  such  dealer,  and  in  such  case  the 
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.  7.  Be  it  enacted,  That  any  article  of  food,  drug,  or  liquor 
that  is  adulterated  or  misbranded  within  the  meaning  of  this  Act, 
shall  be  liable  to  be  proceeded  against  in  any  court  of  the  State  of 
Georgia  within  the  county  where  the  same  is  found,  and  seized  for 
confiscation  by  a  process  of  libel  for  condemnation.  And  if  such 
article  is  condemned  as  being  adulterated  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  State  of 
Georgia,  but  such  goods  shall  not  be  sold  in  any  jurisdiction  contrary 
to  the  provisions  of  this  Act,  or  the  laws  of  that  jurisdiction. 
Sec.  8.  Be  it  enacted,  That  the  words  "  person  "  or  "  party,"  as 
used  in  this  Act,  shall  be  construed  to  import  both  the  plural  and 
the  singular,  as  the  case  demands,  and  shall  include  corporations, 
companies,  societies  and  associations. 
When  construing  and  enforcing  the  provisions  of  this  Act,  the  act, 
omission  or  failure  of  any  officer,  agent  or  other  person  acting  for  or 
