Page:United States Statutes at Large Volume 25.djvu/597

 FIFTIETH CONGRESS. Sess. I. Ch. 1090. 1888. 551 defendant shall desire to rely upon proviso contained in this act. it shall be incumbent upon him to prove the same. Sec. 8. That if the defendant in any prosecution under this act Sale of erllclesrurprove to the satisfaction of the court that he had purchased the ar- $iiiii§`i¤}l`m `m"°” ticle in question as the same in nature, substance, and quality as that demanded of him by the purchaser, and with a written warranty to that effect; that he ad no reason to believe at the time when he sold it that the article was otherwise; and that he sold it in the same state as when he purchased it, he shall be discharged from the prosecution. Sec. 9. That any person who shall forge, or shall alter knowing F<>l‘gi¤g, etc., wav it to be forged, any certificate or any writing purporting to contain mm" a warranty, as provided in section eight of this act, shall be guilty · of a misdemeanor and be punishable, on conviction, by imprisonment for a term not exceeding one year with hard labor. Penalty. Sec. 10. That every person who shall willfully apply to any article Applying false war of food or a drug a certificate or warranty given in relation to any mum ab€1‘°t°' other article or drug, or who shall give a false warranty in writing to any purchaser in respect of an article of food or a drug sold b * him as principal or agent, or who shall willfully give a label with any article so d by him which shall falsely describe the article sold shall be guilty of a misdemeanor, and on conviction be fined 11ot to exceed one hundred dollars. P¤¤¤lW- Sec. 11. That the analysis provided for in this act, shall be under Analysis. the control of the Commissioner of Internal Revenue under such rules and regulations as may be prescribed by the Secretary of the Treasur. gEC. 12. That any urchaser of an article of food or of a drug in Pvrclwperenrltledtc the said District shalll be entitled to have such article analyzed by lm'? 8m°l° ”““l"°d‘ such analyst, and to receive from him a certificate of the result of his analysis, and any health officer, inspector of nuisances, or any food inspector may procure any sample of food or drug, and if he suspects the same to have been sold to him contrary to any provision of this act he shall submit the same to the Commissioner of Internal Revenue to be analyzed who shall with all convenient s ieed cause such analysis to be made and give a certificate to such omcer, wherein he shall specify the result of the analysis. Sec. 13. That if any officer mentioned in section twelve of this act lxegmlietkcag :*2 *0 shall apply to purchase any article of food or any drug exposed to ’ ` sale or on sale by retail on any premises or in any shop or store. and shall tender the price for the quantity which he shall require for the purpose of analysis, not being more than shall be reasonably req uisite, and the person exposing the same for sale shall refuse to sell the Same to such officer, such person shall be guilt * of a misdemeanor l’¤·¤¤l¢y· and fined for each offense not exceeding fifty dollars. Sec. 14. That the term "food,” as used in this act, shall include Definitions. every article used for food or drink by man other than drugs or _ water. The term " drug/’ as used in this act, shall include all medicines for internal or external use. Sec. 15. That nothing in this act shall be construed as modifying glaegmwganue ucc ·0r repealing the provisions of chapter eight hundred and forty of the mv j" _‘ acts of the first session of the Forty-ninth Congress. entitled "An act °l·"·*’·°°9· defining butter; also imposing a tax upon and regulating the manufacture, sale, importation, and exportation of o eomargarine." ap proved An ust sixth. eighteen hundred and eighty-six. Sec. 16. That the Commissioner of Internal Revenue may. from umem published Time to time declare certain articles or preparations to be exempt Of ""°l°S ”°“‘P°‘ from the provisions of this act; and it shall be the duty of the Commissioners of the District to prepare and publish from time to time a list of the articles, mixtures, or compounds declared to be exempt from the provisions of this act, in accordance with this section. Approved, October 12, 1888.