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terated 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 an:] 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.
8 10. Said station shall make an annual report to Report by the Governor upon adulterated food or drug products Station to Govin addition to the reports required by law which shail 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 be issued. 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, ancl other information which may be of interest to the manufacturers or dealers in food of 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 nine 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.
$ 11. Said Experiment Station shall receive seven dollars and fifty cents ($7.50) for the analysis or examination of any sample of food or drug baken or submitted in accordance with 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
Pay for analysis.
Auditor to be furnished state
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 al ment of expenitemized 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.
$ 12. When any manufacturer shall offer any arti- duct,mplacé pour cle of food or drug for sale in the State he shall and copy of file with the director of the said station, when lied to be 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 one of this act.
$ 13. 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 Defense. 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
of proActs repealed.
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.
§ 14. 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.
AN ACT for the benefit of the three State Educational Institutions, viz.:
State University, Normal High School, Eastern Kentucky State Normal School and Western Kentucky State Norinal School; appropriating money for the erection of necessary buildings; furnishing necessary equipment; purchasing necessary additional grounds and providing additional revenues for the maintenance of each of the said institutions, and amending the laws with reference thereto.
WHEREAS, The educational interest of the State of Kentucky demands the State University, Lexingtor, Kentucky, as successor to the Agricultural and Mechanical College, and each of the two State Norma! Schools be furnished with grounds, buildings and other necessary equipment, so as to enable each to do educational work needed by the Commonwealth of Kentucky and of the rank and dignity of corresponding institutions of other states; and
WHEREAS, The financial condition of the State is such that the necessary improvements can be made without materially impairing the revenues thereof: Therefore,
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
$1. That the sum of two hundred thousand dollars, or as much as may be necessary thereof, be and thousand
lars appropriatthe same is hereby appropriated for the benefit of the ed to State State University, Lexington, Kentucky, for the purpose of paying the outstanding indebtedness heretofore incurred for the erection of necessary buildings and equipment of same on the grounds owned by the said institution, and for the erection and equipment of a suitable building for the department of Mining Engineering, Civil Engineering and Physics'; also for the erection and equipment of a necessary addition to the Chemical Building, also for the erection and equipment of a necessary addition to the Mechanical and Electrical Engineering Building; also for the erection and equipment of a new dormitory for the accommodation of the male students of said institution.
All of said buildings shall be erected upon the grounds owned by said institution, or upon such grounds as may be acquired by purchase by the Board of Trustees of said institution.
If, in the judgment of the said Board of Trustees, the purchase of additional grounds may be necessary Additional for the accommodation of the new buildings herein purchased. contemplated, or for the proper conducting of said institution, they may make such necessary purchase and pay for same out of the money herein appropriated. The title to such real estate shall be made ito) and held by the Commonwealth of Kentucky for
grounds may be