and shall tender at the time of taking to the manufacturer or vendor of such product or to the person having the custody of the same the value thereof and a statement in writing for the taking of such sample. The said Dairy and Food Commissioner shall direct said analyst to make due and careful examination of such sample and report to him the result of such analysis and if the same is found to be adulterated or misbranded within the provisions of this act it shall be the duty of said commissioner his deputy or any drug inspector assigned to such duty to make complaint against the manufacturer or vendor thereof in the proper county and furnish all evidence thereof to obtain a conviction of the offense charged, and in no case shall the Dairy and Food Commissioner or drug inspector making such complaint be required to furnish security for costs in any action instituted by him having for its object the enforcement of this act: Provided, Nothing herein contained shall be held to prohibit or prevent other inspectors or chemists connected with the office of the Dairy and Food Commissioner from performing any of the duties herein imposed upon the said drug inspectors and analyst, whenever in the opinion of said Dairy and Food Commissioner the work of his office can be expedited thereby.

143. Sec. 7. In construing and enforcing the provisions of this act, the act, omission or failure of any officer, agent or other person acting for or employed by any corporation, company, society or association within the scope of his employment or office, shall, in every case, be also deemed to be the act omission or failure of such corporation, company, society or association, as well as that of the person: Provided, That no dealer shall be prosecuted under the provisions of this act when he can establish a guaranty in accordance with the provisions of the national food and drug act, June thirtieth, nineteen hundred six, or a guaranty signed by the wholesaler, jobber, manufacturer or other parties residing in this State, from whom he purchased such article, to the effect

that the same is not adulterated nor misbranded within the meaning of this act. Said guaranty to afford protection shall contain the name and address of the party or parties making the sale of such article to such dealer, and in such case, if such guaranty was given in this State, said party or parties shall be amenable to the prosecution, fines and other penalties which would attach in due course to the dealer under the provisions of this act: Provided, however, That said guaranty shall not afford protection to the vendor in any case if said product is adulterated or misbranded within the meaning of this act, and if said vendor shall have been previously notified in writing by the Dairy and Food Commissioner to that effect: Provided further, That in no case shall the Dairy and Food Commissioner serve such notice upon any vendor of any such product until said Dairy and Food Commissioner shall have notified the manufacturer or jobber of any such product of the findings of the State Analyst with reference to such product; such notification to such manufacturer or jobber shall be in writing and shall be mailed ten days previous to any notice sent to any vendor in accordance with this section.

144. Sec. 8. Nothing in this act shall affect any drug product manufactured in this State for export to any foreign country or for sale in any other state, when such drug product is not adulterated or misbranded within the meaning of the laws of such foreign country or state; but if said article shall be in fact sold or offered for sale for use or consumption within this State, then such article shall not be exempt from the operation of any of the provisions of this act.

145. Sec. 9. It shall be the duty of each prosecuting attorney, when called upon by the said Dairy and Food Commissioner, or by any person by him authorized as aforesaid, to render any legal assistance in his power in proceedings under the provisions of this act or any subsequent act relative to the adulteration or misbranding of drug products.

146.

Sec. 10. Whoever shall do any of the acts or

things prohibited, or wilfully neglect or refuse to do any of the acts or things enjoined by this act, or in any way violate any of its provisions, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty-five nor more than five hundred dollars, or by imprisonment in the county jail for a period of not more than ninety days, or by both fine and imprisonment in the discretion of the court.

147. Sec. 11. The sum of six thousand dollars is hereby appropriated for the fiscal year ending June thirtieth, nineteen hundred eleven, and for each fiscal year thereafter there is hereby appropriated the sum of six thousand dollars. Out of the amounts appropriated by this act shall be paid all salaries and expenses provided for herein.

TURPENTINE.

(Act No. 175, Public Acts, 1911.)

AN ACT regulating the sale of turpentine and providing penalties for the violation of this act.

148. Section 1. The People of the State of Michigan enact, No person, firm or corporation shall manufacture, mix for sale, sell or offer for sale for other than medical purposes, under the name of turpentine or under a name composed of a part or parts of the word turpentine, or spirits of turpentine, any article which is not wholly distilled from resin, turpentine gum or scrape from pine trees and unmixed and unadulterated with oil, benzine or other foreign substance of any kind whatsoever, unless the package containing the same shall be stenciled or marked with letters not less than one inch square and one-fourth inch apart "adulterated turpentine," except turpentine produced from turpentine gum extracted wholly from pine wood, which turpentine is known as

"wood turpentine" must be stenciled or marked "wood turpentine" with letters not less than one inch square and one-fourth inch apart. When such wood turpentine is mixed and adulterated with oil, benzine or other foreign substance of any kind whatsoever, the container shall be stenciled or marked "adulterated wood turpentine" with letters not less than one inch square and onefourth inch apart. When wood turpentine is mixed with turpentine distilled from resin, turpentine gum, or scrape from pine trees, in any quantity whatsoever, the container shall be stenciled or marked "wood turpentine" with letters not less than one inch square and onefourth inch apart: Provided, That if the contents of the package be less than twenty-five gallons, the type shall not be less than two lines pica in size. Nothing herein contained shall be construed to prohibit the manufacture or sale of any compound or imitation providing the container shall be plainly marked and the purchaser notified as aforesaid.

[Am. by Act No. 372, P. A. 1913.]

149. Sec. 2. The Dairy and Food Commissioner of Michigan shall enforce the provisions of this chapter and the penal statutes relating thereto, and such commissioner, his assistants, experts, chemists and agents shall have access and ingress to the places of business, stores and buildings used for the sale of turpentine, and may open any package, can or jar or other receptacle containing any turpentine that may be manufactured, sold or offered for sale in violation of this statute. The inspectors, assistants or chemists appointed by such commissioner shall perform like duties and have like authority under this chapter and the penal statutes relating thereto as is provided by law in other cases. Such commissioner shall publish bulletins from time to time giving the results of the inspections and analyses with such information as he deems suitable.

150. Sec. 3. Whosoever, violates any provision of law relating to the labeling, marking or stenciling of turpen

tine or wood turpentine by manufacturers or distributors thereof, shall be fined not more than fifty dollars for the first offense, and for each subsequent offense shall be fined not less than fifty dollars nor more than one hundred dollars, or imprisoned not less than thirty days nor more than one hundred days or both.

BABCOCK TEST.

(Act No. 280, Public Acts, 1907.)

AN ACT to regulate the sampling and testing of milk and cream and the use of the Babcock test and to make the violation of any provision hereof a misdemeanor.

151. Section 1. The People of the State of Michigan enact, In taking samples of milk or cream from any milk can, cream can or any container of milk or cream, the contents of such milk can, cream can, or container of milk and cream shall first be thoroughly mixed either by stirring or otherwise and the sample shall be taken immediately after mixing, or by any other method which gives a representative average sample of the contents, and it is hereby made a misdemeanor to take samples by any method which does not give a representative average sample where milk or cream is bought or sold, and where the value of said milk or cream is determined by the butter fat contained in the same by the Babcock test.

152. Sec. 2. In the use of the Babcock test the term "standard Babcock testing glassware" shall apply to glassware complying with the following specifications: (a) Standard Milk Test Bottles.

Graduation. The total per cent graduation shall be eight per cent. The graduated portion of the neck shall have a length of not less than sixty-three five-tenths milli