The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1908-09-11
sholesaler. loeSer. manufac,al er. or othsf

Nnofl tie purchases tutI afufltS. 10 tno
fect that the same Is not adulterated or
misbranded within the meaning OF the
food and drugs act OF the United States.
approved June 80. 1905 or OF this act |
Said guaranty, 10 afford protection shall
contain the name and address of the party .
or parties making the sale OF such articles |
TO such dealer. and i'm such case said !
party or parties shall be amenable to the !
prosecutions, fines. and other penalties 4
which would attach in due course. TO the !
dealer under the provisions of this act.
Sec. s. Every person Offering tpr or ex-
posing for sale or delivering TO a pur-
chaser any drug or article of food in
cluded I'm the provisions OF this act shall
furnish To any commissioner, or other
oncer or agent appointed hereunder, who
shall apply TO him for the purpose and
shall tender to him the value OF the same.
sample or samples. OF any drug or arti-
Gle OF food which Is In his possession,
sufficient. after division into two equal
or nearly equal parts, for the purpose OF
analysis The official or agent thus TAX
Ing said sample or samples shall then
and there, I'm the presence OF the person
from whom he obtained IL, unless said
person refuse 10 witness the operation,
F, divide said sample or samples into two
equal or nearly equal parts or specimens,
| and seal and label the same. said label
TO state the kind OF food or drugs, the
date OF such taking, and IL obtainable,
| were taken: also, II obtainable. the name
| or names Of the parties II there be any.
| whom said person represents. Said OFF,
| cial or agent shall then and there deliver
one OF said specimens To the person from
| whom the same were taken. IL any such
| sample or samples taken shall appear
| To be adultcrated within the meaning OF
| this act notice In writing OF tho fact OF
such adulteration. containing dcscrip-
tion OF such sample or samples. shall
| forthwith be given by mail or otherwise.
| directed TO the person from whom the
same We're obtained. To the address given
| by him AT the time such sample or sam
| pies were taken. before any prosecution
| shall be instituted thereon: Provided.
| however. that IL the person from whom
such sample or samples are taken shall
| omit or refuse 10 give his name ad-
| dress such notice shall not be required.
| Whoever hinders. obstructs, or I'm any
| way interfercs with any commissioner or
| other officer or agent appointed hereun-
| der, In the performance OF his duty. shall,
| upon conviction. be fined "A sum not ex-
| ceeding one hundred dollars.
| Sec. p Any article OF food or any drug
| that In adulterated or misbranded within
the meaning OF this act shall be liable to
be proceeded against In the courts OF this
| state within the county where found, and
| seized for forfeiture by the same process
OF law under which liquors Illegally sold
| or Tor sale may be seized for forfeiture;
and IL such article or drug is condemned
| rs being adulterated or misbranded or OF
| n poisonous or delcterious character with
In the meaning OF this act, II shall be dis
posed or by destruction or sale. as the
court may direct. and the proceeds there
| OF. IL sold. less the legal costs and
charges. shall bc paid into the treasury
| OF the state: Provided however that
| upon the payment OF the costs OF such
| proceedings and the execution and deIiv-
arN of "A anI u..Al -. L....
effect that such articles or drugs shall
not be sold or otherwise disposed OF con-
| trary To the provisions OF this act, the
! court may, by order direct that such ar
! ticles or drugs be delivered To the owner
! thereof Either party may demand trial
| by Jury OF any issue OF fact I'm any such
| case and all such proceedings shall be
| at the suit OF and I'm the name of the
| state.
| Sec. 10. All canned articles OF food
| which have been prepared from dried
products and have been soaked before
canning shall bc plainly marked by
| brand or label having on it's face the
] word Soaked" In letters OF lsgible type
not smaller than eight-point (Brovier)
caps.
Sec. II. There shall be n board of food
| and drug commissioners, consisting OF
| three members, who shall hold Office for
the term OF their appointment. and until
| their SUCCESSORS. respectively, shall be
| elected and qualified to act.
At the January session OF tho general
assembly In the year A. d. 1908. the gov
ernor. with the advice and consent OF the
senate. shall appoint three persons TO he
members OF said board. one for n term
| ending January 81. 1910. one for n term
ending January 81, 1872 and one for u
term ending January 81. 1914.
At the January session OF the general
assembly In the year A. d. 1870 and I'm
second fhsfeuffsr ha
or, with the advice and consent OF the
senate. shall appoint person TO be "a
member OF said board, and the person so
| appointed shall hold his Office until the
first day Of February In the nth year OF
his appointment. Any vacancy which may
occur In said board when the senate is
not In session shall be filled by the gov
ernor until the next session thereof when
he shall. with the advice and consent OF
the senate. appoint some person To All
such vacancy for the remainder OF the
term.
Sec ~. II shall be the duty OF said
board TO enforce the provisions OF this
act. They shall adopt such rules, con-
sistent with the provisions OF this act. as
may he necessary for It's enforcement,
and shall adopt rules regulating mini
mum standards OF strength. purity. and
quality for food and drugs defining spe-
cihc adulterations when such standards
are not specified or fixed under this act
or by the laws OF this state. and subject
10 the PROVISIONS OF this act declaring
the proper methods Of collecting and cx-
aminlng drugs and articles OF food: but
such rules and standards shall not be
more stringent than, nor conflict with.
the rules and standards adopted or which
may hereafter be adopted. for the en-
forccment OF the food and drug act OF the
United Slater. approved June 90 1906, or
of any food and drug act OF the United
States hereafter In force, regulating the
misbranding or adulteration OF food and
drug products for interstate commerce:
Provided. however. that In prosecutions
under this act when the strength. quail
ity. or purity OF drug or an article OF
food is iu Issue and the standard OF
strength. quality. or purity OF such drug
or article Of food is fixed by said board.
proof that such drug or article Of food is
below the standard OF strength, quality.
or purity fixed by said board shall be evil
dence that such drug or article Of food is
adultcrat.d within the meaning OF this