The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1909-07-30
CHAPTER so3s-fNo. 90.

AN ACT to Amend Sections Two Seven, Ten
Eleven, Twelve and Fourteen OF an Act En-
titled:
An Act to Prevent the Adulteration. Misbrandine
and Imitation of Foods for Man or Beast. OF
Beverages, Candies and Condiments, of Medi-
cines Drugs and Liquors. or the Manufacture
and Sale Thereof in the State of Florida, Pre-
scribing Penalty for the Violation Hereof,
Providing for the Inspection and Analysis of
the Articles Described by the Florida State De
partnnent of Agriculture. Charging the States
Attorney with the Enforcement Hereof. and
Providing Means Therefor. Providing for the
Appointment of Additional Assistant State
Chemists or Expert Food Analysts. Food and
Drug Inspector, to Appropriate the Necessary
Funds to Enforce the Provisions of this Act.
and to Repeal All Laws or Parts of Laws in Con-
fict with this Act. Approved June 8. 1907.
Be IL Enacted by the Legislature Of the State of
Florida:
Section l. That Sections Two, Seven, Ten, Ele-
ven, Twelve and Fourteen of An Act Entitled:
An Act to Prevent the Adulteration. Misbrand-
ing and Imitation of Foods for Man or Beast, of
Beverages Candies and Condiments. of Medicines,
Drugs and Liquors, or the Manufacture and Sale
Thereof IN the State of Florida, prescribing Pen
atty for the Violation Hereof, Providing for the
Inspection and Analysis of the Articles Described
by the Florida State Department of Agriculture,
Changing the States Attorney with the Enforce
ment Hereof. and Providing Means Therefor
Providing for the Appointment of Additional
Assistant State Chemists or Expert Food Analysts
a Food and Drug Inspector, to Appropriate the
Necessary Funds to Enforce the Provisions of this
Conflict with this Act. Approved June 3, 1907
shall read as follows:
Sec. ?. That the examination of specimens of
Iood and drugs shall be made by the State Chem
iSt OF Florida, or under his direction and super
vision. for the purpose of determining from such
examination whether such articles are adulterated
or misbranded within the meaning of this Act and
If it shall appear from any such examination that
any of such specimens is adulterated or misbrand-
ed within the meaning of the Act, the Commission
er of Agriculture shall cause the goods so aduter
ated or miSbranded to be seized by the Sheriff of
the County in which they are found, and shall
cause notice thereof 20 be given to the party from
whom such sample was obtained: any party so
notified shall be given an opportunity to be heard
before the Commissioner of Agriculture and the
Attorney General under such rules and regulations
may be prescribed by them. and If il appears
that any of the provisions of this Act have been
violated by such party, then the Commissioner of
Agriculture shall at once certify the facts to the
proper prosecuting attorney, with the copy of the
results of the analysis or the examination of such
article duly authenticated by the analyst or officer
making such examination. under the oath of such
officer. That IN case 1t shall appear to the salts
faction of the Commissioner of Agriculture and
the Attorney General that the violation of this
or otherwise comes under the supervision and
jurisdiction of the United States, then the Com
missioner OF Agriculture shall certify the case to
the United States District Attorney in whose Dis
tTlct the violation may have been committed but
If il be under the jurisdiction of the courts of this
State. then the Commissioners shall certify the
case 70 the proper prosecuting attorney Of the
court in the county where the offense occurred
IL shall be the duty of the proper pros
segtins attorney f. e prosecute all persons
as soon as he receives the evidence trans
mitted by the Commissioner of Agriculture
After judgment OF the court. notice shall
be given by publication in such manner as
may be prescribed by the rules and regulations
aforesaid.
Sec. J. If. upon trial of any person convicted
under this Act, 1t shall appear that any article Of