SEC. 9. Prosecution.

Whenever any article shall have been examined and found to be adulterated or misbranded in violation of this act, the Director shall certify the facts to the Commonwealth's attorney of the district, or to the county attorney of the county, or the city attorney of any city or town, in which the said adulterated or misbranded food or drug product was found, together with a statement of the results of the examination of said article of food or drug, duly authenticated by the analyst under oath and taken before some officer of this Commonwealth authorized to administer an oath having a seal. And it shall be the duty of every Commonwealth's attorney, county attorney and city attorney to whom the Director of said station shall report any violation of this act or to whom the State Board of Health, or the State Board of Pharmacy, or to whom the chief health officer of any county, city or town shall report any such violations, to cause proceedings to be commenced against the party so violating the act, and the same prosecuted in manner as required by law. Provided, however, That in case of the first charge or finding the manufacturer or dealer shall be notified of the findings and be given a hearing within fifteen days before a report is made to the Commonwealth's, county or city attorney as herein provided. Provided further, That where more than one sample of the same brand of product has been taken and examined, the first finding or charge shall be construed to apply to all samples so taken, and notice and hearing shall apply to all such samples.

SEC. 10. Annual report; provisos. Said station shall make an annual report to the Governor upon adulterated food or drug products in addition to the reports required by law which shall not exceed one hundred and fifty pages, and such annual reports shall be submitted to the General Assembly at its regular session, and said station may issue from time to time a bulletin giving the results of the inspections and of all analyses of samples taken or submitted for examination under this act, together with the names of the parties from whom the samples were taken, or where the inspections were made, and as far as possible the name of the manufacturers, the number of samples found to be adulterated, the number found not adulterated, and other information which may be of interest to the manufacturers or dealers in food of a drug products or to the consumers. Provided, however, That before such publication is made the manufacturer of the article and the dealer shall be furnished a true copy of the facts to be published regarding the article at least thirty days before the publication and hearing given the dealer and manufacturer, and any statements or explanations made by such manufacturer shall be included in the same place and along with the publication made regarding the article. And provided further, That if at the hearing of the manufacturer or dealer, as provided by section 9 hereof, said manufacturer shall produce the affidavit of a competent analytical chemist controverting the finding of said station or its director or chemist, as the case may be, and affirmatively showing that there is neither adulteration or misbranding of such article under the provisions of this act, then there shall be no publication of either the name of the manufacturer or dealer, or of the name of the brand of the article until after a trial and a verdict of guilty as herein provided. And provided further, That where prosecution is made for violation of any of the provisions of this act, no official publication shall be made of the result of the inspection and analysis until the matter has been finally adjudicated, and in case of appeal, by the court of last resort.

SEC. 11. Cost of analysis; appropriation; expenditures. Said Experiment Station shall receive seven dollars and fifty cents ($7.50) for the analysis or examination of any sample of food or drug taken or submitted in accordance with So in Statutes.

this act, and expenses for procuring samples of food and drugs and in making inspections into the condition of and wholesomeness and purity of the food produced, manufactured or sold in food factories, grocery stores, bakeries, slaughtering houses, dairies, milk depots or creameries, and all other places where foods are produced, prepared, stored, kept or offered for sale; for studying the problems connected with the production, preparation and sale of foods; for expert witnesses attending grand juries and courts; clerk hire and all other expenses necessary for carrying out the provisions of this act. Provided, The total expense from all sources shall not exceed in any one year thirty thousand dollars ($30,000.00.)

The Board of Control of said Experiment Station shall furnish to the Auditor of Public Accounts an itemized statement of the expenditures of money under this act. The expenditures reported to the Auditor shall be paid by the Commonwealth to the treasurer of the Experiment Station upon the written request of the Board of Control of the said Experiment Station, and the Auditor for the payment of the same is directed to draw his warrant upon the Treasurer as in all other claims against the Commonwealth.

SEC. 12. Filing of label, brand, etc. When any manufacturer shall offer any article of food or drug for sale in the State he shall file with the director of the said station, when requested by him, the name of the brand, the name of the product, the place of its manufacture or preparation, and a true copy of all labeling used thereupon. Failure to so file within thirty days shall be punished as provided in section 1 of this act.

SEC. 13. Guaranty as evidence. In all prosecutions under this act, the courts shall admit as evidence a guaranty which has been made to the holder of the guaranty by any manufacturer or wholesaler residing in this State, to the effect that the product complained of is not adulterated or misbranded within the provisions of this act. And said guaranty, properly signed by the wholesaler, jobber or manufacturer or other party residing within this State from whom the holder of the guaranty may have purchased the article or articles complained of, and containing the full name and address of the party or parties making the sale of such article to the holder of the guaranty, and in the absence of any proof that the article or articles complained of were adulterated or misbranded after they had been received by the holder of the guaranty, shall be a bar to prosecution of the holder of such guaranty under the provisions of this act.

SEC. 14. Repeal. All acts or parts of acts inconsistent herewith are hereby repealed, but this said act shall not be construed to repeal Chapter 48 of the Acts of the General Assembly of 1906, entitled, "An Act to regulate the sale of concentrated commercial feeding stuffs, defining same and fixing penalties for violations thereof."

So much of this act as relates to drugs and liquors shall not take effect until on and after January 1, 1909.

Approved March 13, 1908. Acts of 1908, ch. 4, pp. 10-22.

LOUISIANA.

The food and drug regulations of the Louisiana board of health have the force of law and are therefore quoted in full except when they are the same as the Federal law, regulation, or standard on a given point, in which case the appropriate section is referred to.

REGULATIONS.

REG. 1. Title of the Rules and Regulations. The Louisiana State Board of Health hereby decrees and establishes the following Rules and Regulations governing the manufacture, sale, and inspection of foods, liquors, waters, and drugs within the State.

The Rules and Regulations of the Louisiana State Board of Health governing the manufacture, sale and inspection of foods, drugs, liquors or waters, shall be known and referred to as The Food and Drug Regulations of the Louisiana State Board of Health."

REG. 2. Prohibiting adulteration or misbranding of food and drugs. It shall be unlawful for any person or persons to manufacture within this State any article of food, drugs, liquors or waters which is adulterated or misbranded within the meaning of these Regulations; and any person who shall violate any of the provisions of these Regulations shall be punished as provided for in Sec. 3, Act 98 of 1906.

REG. 3. Prohibiting importation or exportation of adulterated or misbranded food, drugs, liquors or waters. That the introduction into this State from any other State or Territory, or from the District of Columbia, or from any foreign country, of any article of food, drugs, liquors or waters, which is adulterated or misbranded within the meaning of these Regulations is hereby prohibited, that any person who shall receive from any State or Territory, or the District of Columbia or foreign country, and having so received, shall deliver in unbroken or broken packages, for pay or otherwise, or offer to deliver to any other person any such article so adulterated or misbranded within the meaning of these Regulations, or any person who shall sell or offer for sale, or have in his possession for sale in this State any such adulterated or misbranded foods, drugs, liquors or waters, shall be punished as provided for in Section 3, Act 98 of 1906.

Provided: That no article shall be deemed misbranded or adulterated within the provisions of these Regulations, when intended for export to any foreign country and prepared and packed according to the specifications or directions of the foreign purchaser when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this provision shall not exempt said article from the operation of any of the other provisions of these Regulations.

Broken or unbroken packages defined. The term "Broken or unbroken package" as used in these Regulations, is the original package or part thereof, carton, case, box, barrel, bottle, phial, or other receptacle put up by the manufacturer to which the label is attached, or which may be suitable for the attachment of a label, making one complete package of the food, drug, liquor or water article.

The original package contemplated includes both the wholesale and the retail packages.

REG. 4. State Food Commissioner, Dairy Commissioner, Analyst. The President of the Louisiana State Board of Health shall be ex officio State Food Commissioner. The State Food Commissioner may, with the advice and consent of the Louisiana State Board of Health, appoint two or more Assistant Commissioners, each one of acknowledged standing, ability, and integrity, one of whom shall be an expert in the matter of dairy products, and one of them shall be a practical and Analytical Chemist, who shall be known as the State Analyst. The salaries of each assistant shall be fixed by the State Food Commissioner, by and with the consent of the Louisiana State Board of Health. In case of the absence or inability of the State Analyst to perform all the duties of his office or for the purpose of expediting the work of the Department, the State Food Commissioner may appoint some competent person to assist in the same temporarily.

REG. 5. Inspectors. The State Food Commissioner shall have authority, by and with the consent of the Louisiana State Board of Health, to appoint necessary inspectors, to assist in the work of the State Food Commissioner at such times and for such periods of time as may be required in the enforcement of the dairy, drug and food laws of the State. Such Inspectors shall have the same right of access to places to be inspected as the State Food Commissioner. The compensation of such Inspectors shall be fixed by the State Food Commissioner, by and with the consent of the Louisiana State Board of Health.

REG. 6. Duty of State Food Commissioner. It shall be the duty of the State Food Commissioner to enforce all the rules and regulations herein provided for or that may hereafter be enacted by this Board regarding the production, manufacture or sale of dairy products or the adulteration of any article of food or drugs, liquors or waters, and personally or through his assistants, to inspect any article of food, drugs, liquors or waters, made or offered for sale or held in possession for sale, which he may, through himself or his assistants, expect or have reason to believe to be impure, unhealthful, adulterated or misbranded, and to prosecute or cause to be prosecuted any person or persons, firm or firms, corporation or corporations, engaged in the manufacture or sale of any adulterated or misbranded article or articles of food, drugs, liquors or waters, contrary to these Regulations.

REG. 7. Examination of foods, drugs, liquors or waters, collection of samples. Methods of analysis. The examination of foods, drugs, liquors or waters shall be made by the State Analyst or his Assistants under the direction of the State Food Commissioner for the purpose of determining from such examinations whether such articles are adulterated or misbranded within the meaning of these regulations, and if it shall appear from any such examination that any of such specimens are adulterated or misbranded within the meaning of these Regulations, the State Food Commissioner shall cause notice thereof to be given to the party from whom such sample was obtained; any party so notified shall be given an opportunity to be heard under such other rules and regulations as may be prescribed by this Board, and if it appears that any of their rules and regulations have been violated by such party, then the State Food Commissioner shall at once certify the facts to the District Attorney of the District

wherein the offense was committed with a 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: after judgment of the Court, notice shall be given by publication in such manner as may be prescribed by this Board.

REG. 8. Collection of samples. Samples of broken or unbroken packages shall be collected only by Inspectors appointed by the State Food Commissioner, or by the Health, Food, or Drug Officer of the cities and towns of Louisiana. Samples may be purchased in the open market, and if in bulk, the marks, brands or tags upon the package, carton, container, wrapper or accompanying printed or written matter shall be noted. The Inspector shall also note the names of the vendor and agent through whom the sale was actually made, together with the date of purchase. The Inspector shall purchase representative samples. A sample taken from bulk goods shall be divided into three (3) parts and each part shall be labeled with the identifying marks. All samples shall be sealed by the Inspector with a seal provided for the purpose. If the package be less than four (4) pounds, or in volume less than two (2) quarts, three (3) packages of approximately the same size shall be purchased when practicable, and the marks and tags upon each noted as above. One sample shall be delivered to the party from whom purchased, one sample shall be sent to the Food Laboratory of the State Analyst, and the third sample shall be held under seal by the State Food Commissioner.

REG. 9. Methods of analysis. Unless otherwise directed 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 Pharmacopœia.

REG. 10. Hearings. (A) When the examination or analysis shows that the provisions of the "Food and Drug Regulations of the Louisiana State Board of Health" have been violated, notice of the fact together with a copy of the findings shall be furnished to the party or parties from whom the sample was obtained, and a date shall be fixed at which such party or parties may be heard before the State Food Commissioner, or such other official connected with the Food and Drug Inspection service as may be commissioned by the State Food Commissioner for that purpose; the hearings shall be held at a place to be designated by the State Food Commissioner most convenient for all parties concerned. These hearings shall be private and confined to questions of fact. The parties interested therein may appear in person, or by Attorney, and may propound interrogatories, and submit oral or written evidence to show any fault or error in the findings of the Analyst or Examiner. The State Food Commissioner may order a re-examination of the samples or have new samples drawn for further examination.

When an article examined by the State Analyst is found to come in conflict with the regulations of the Louisiana State Board of Health, a written notice shall be served at once on the person or persons, or dealer or dealers, offering the same for sale, warning him or them not to sell or expose for sale such condemned article or articles.

(B) Whenever it would appear to the best interest of the public health and welfare, the Food Commissioner of the Louisiana State Board of Health is required to render such condemned articles of food, drugs, liquors or waters, unfit for consumption by man or animals.

(C) In the event that such person or persons, shall continue to violate these Regulations by selling, offering for sale, or hold in possession for sale or barter, such condemned article or articles, the State Food Commissioner shall lay