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of the state laboratory shows that any of the provisions of this act have been violated, notice of that fact together with a copy of the certificate of the findings, shall be furnished to the party or parties from whom the sample was obtained or who executed the guaranty as provided in this act, and a date shall be fixed by the secretary of the board of health at which time said party or parties may be heard before the state board of health or any two members thereof, and the secretary. The hearing shall be held in the city of Sacramento and at least fifteen days notice thereof shall be first served upon the party complained of. These hearings shall be private and confined to questions of fact. The parties interested therein may appear in person or by attorneys and may propound the interrogatories and submit oral or written evidence to show any fault or error in the findings made by the director of the state laboratory. If the examination or analysis be found correct, or if the party or parties fail to appear at such hearing, after notice duly served as provided herein, the secretary of the state board of health shall forthwith transmit a certificate of the facts so found to the district attorney of the county in which said adulterated, mislabeled or misbranded drug was found. No publication thereof shall be made until after said hearing is concluded.

SEC. 16. It is hereby made the duty of the sheriff of any county of this state, on presentation to him of a verified plaint of the violation of any provisions of this act, at once to obtain by purchase a sample of the adulterated, mislabeled or misbranded drug complained of and divide said article into three parts, and each part shall be sealed by the sheriff with a seal provided for that purpose. If the package be less than four pounds, or in volume less than two quarts, three packages of approximately the same size shall be purchased and the marks and tags upon each package noted as above. One sample shall be delivered to the party from whom procured, or to the party guaranteeing said drug. One sample shall be sent to the director of the state laboratory, and the third sample shall be sent to and held under seal by the state board of health.

SEC. 17. For his services hereunder the said sheriff shall be allowed the same fees for travel allowed by law to sheriffs on service of criminal process, together with such compensation as by the board of supervisors of his county may be deemed reasonable, and all accounts expended by him in procuring and transmitting the said samples, which fees and amount expended shall be audited and allowed by the said supervisors and paid by his said county as other bills of said sheriff.

SEC. 18. It shall be the duty of the district attorney of each county to prosecute all violations of the provisions of this act occurring within his county.

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Sec. 19. Any person, firm, company or corporation violating any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction shall be puņished by a fine of not less than twenty-five dollars, nor more than five hundred dollars, or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Drugs found to be adulterated or misbranded within the meaning of this act may, by order of any court or judge, be seized and destroyed.

SEC. 20. One half of all fines collected by any court or judge for the violations of the provisions of this act shall be paid to the state treasurer and the state treasurer shall deposit such money to the credit of the fund for the maintenance of the state laboratory, to be drawn against by warrants of the state controller upon claims which shall be approved by the state board of examiners.

SEC. 21. No dealer shall be 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 United States from whom he purchased such article to the effect, that the same is not adulterated or misbranded within the meaning of this act, designating it. Said guaranty to afford protection, must contain the name and address of the party or parties making the sales of such article to said dealer, and an itemized statement showing the articles purchased; or a general guaranty may be filed with the Secretary of the United States Department of Agriculture by the manufacturer, wholesaler, jobber or other party in the United States and be given a serial number, which number shall appear on each and every package of goods sold under such guaranty with the words Guaranteed under the food and drugs act, June 30, 1906." In case the wholesaler, jobber, manufacturer or other party making such guaranty to said dealer resides without this state, and it appears from the certificate of the director of the state laboratory that such article or articles were adulterated or misbranded, within the meaning of this act, or the national pure food act, approved June 30, 1906, the district attorney must forthwith notify the attorney-general of the United States of such violation.

SEC. 22. This act shall be in force and effect from and after the first day of January, nineteen hundred and eight.

RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE CALIFORNIA PURE FOODS

AND DRUGS ACTS.

GENERAL.

Regulation 1. Short Title of Acts. The Act entitled "An Act for preventing the manufacture, sale or transportation of adulterated, mislabeled or misbranded foods and liquors and regulating the traffic therein, providing penalties, establishing a State Laboratory for foods, liquors and drugs and making an appropriation therefor," approved March 11, 1907, shall be known and referred to as The California Pure Foods Act, March 11, 1907."

The Act entitled “An Act for the prevention of the manufacture, sale or transportation of adulterated, mislabeled or misbranded drugs, regulating the traffic in drugs and providing penalties for violation thereof," approved March 11, 1907, shall be known and referred to as The California Pure Drugs Act, March 11, 1907.

Regulation 2. Collection of Samples. Samples of foods, liquors, or drugs shall be collected only by authorized agents of the State Board of Health, who shall be known as "Inspectors."

Samples may be purchased or taken as provided by said Acts. If in bulk, the marks, brands, or tags upon the package, carton, container, wrapper, or accompanying printed or written matter shall be noted. The collector shall also note the names of the vendor and agent through whom the sale was actually made, together with the date of purchase. The collector shall purchase representative samples.

A sample shall be divided into three parts, and each part shall be labeled with identifying marks. All samples shall be sealed with a seal provided for the purpose. If the package be less than four pounds, or in volume less than two quarts, three packages, approximately of the same size, shall be purchased, and the marks and tags upon each package noted as above. One sample shall be delivered to the party from whom procured, or to the party guaranteeing such merchandise; one sample shall be sent to the Director of the State Laboratory, University of California, Berkeley, California; and the third sample shall be sent to and held under seal by the State Board of Health, Sacramento, California.

Regulation 3. Methods of Analysis. Unless otherwise ordered by the State Board of Health, the methods of analysis employed shall be those prescribed by the Association of Official Agricultural Chemists and the United States Pharmacopeia.

· Regulation 4. Hearings. Hearings shall be held as prescribed by the terms of said Acts.

Notices and findings required by the said Acts, or either of them, to be served, may be served in the following manner:

1. Upon individuals, by personal service, or if the party can not be found, by leaving the same at his residence or place of business.

2. Upon domestic corporations, by delivering the same to the president, secretary, vice-president, treasurer, or managing agent of such corporation, or if such officer or agent can not be found, by leaving the same at its place of business.

3. Upon foreign corporations, by delivering the same to such officer or agent, or if such officer or agent can not be found, by leaving the same at its place of business within this State, or by leaving the same with the State agent of such corporation.

Upon the hearing the State Board of Health may order a re-examination of the sample, or have new samples drawn for further examination.

When the residence of the party guaranteeing merchandise found to be in violation of the terms of said Acts, or either of them, shall be in a county other than that in which the sample was taken, the Secretary of the State Board of Health shall transmit a certificate of the facts found both to the District Attorney of the county where the sample was taken and to the District Attorney of the county of the residence or place of business of the guarantor.

Regulation 5. Publication. Publication may be made, after hearing, as provided by the terms of said Acts.

Also, when a judgment of the court shall have been rendered, there may be a publication of the findings of the Director of the State Laboratory, together with the findings of the court. This publication may be made in the form of circulars, notices, or bulletins, as the State Board of Health may determine, not less than thirty days after the rendering of the judgment; and if an appeal has been taken from the judgment of the court, a notice of the appeal shall accompany the publication.

Regulation 6. Standard for Drugs. A drug bearing a name recognized in the United States Pharmacopæia or National Formulary, without any further statement respecting its character, shall be required to conform in strength, quality, and purity to the standards prescribed or indicated for a drug of the same name recognized in the United States Pharmacopoeia or National Formulary, official at the time.

A drug bearing a name recognized in the United States. Pharmacopæia or National Formulary, and branded to show a different standard of strength, quality, or purity, shall not be regarded as adulterated if it conforms to its declared standard.

Regulation 7. Formulas-Proprietary Foods. Manufacturers of proprietary foods are only required to state upon the label the names and percentages of the materials used, in so far as the State Board of Health may find this to be necessary to secure freedom from adulteration, mislabeling, and misbranding.

The factories in which proprietary foods are made shall be open at all reasonable times to the inspection of raw materials hereinafter provided for.

Regulation 8. Form of Guaranty. No dealer will be liable to prosecution under the provisions of said Acts, or either of them, when he can establish a guaranty, signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchased such article, to the effect that the same is not adulterated, mislabeled, or misbranded within the meaning of said Acts, designating them.

Such guaranty may be:

1. A specific guaranty. This guaranty, to afford protection, must be substantially in the following form:

The undersigned hereby guarantees that the articles of (drugs, foods, or liquors. as the case may be, specifying them), this day sold to (name of dealer) and mentioned in the attached invoice, are not adulterated, misbranded, or mislabeled, within the meaning of the California Pure Foods (or Drugs, as the case may be) Act, March 11, 1907.

Dated

(Name, place of business and address of the

guarantor, and statement as to whether guarantor is corporation or co-partnership.)

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