SEC. 12. Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and for a first offense shall, upon conviction thereof, be fined not less than five dollars nor more than three hundred dollars, and for each subsequent offense and conviction thereof shall be fined not less than fifty dollars nor more than five hundred dollars, or imprisoned not less than thirty days nor more than one year, or both. SEC. 13. No dealer shall be punished under the provisions of this act for selling or offering for sale any article of food or drugs in the original, unbroken package in which it was received by said dealer, provided he can establish a guaranty by the wholesaler, jobber, manufacturer, or other person residing in the United States from whom he purchased such article to the effect that said article is not adulterated or misbranded within the meaning of this act; provided, that said guaranty shall contain the name and address of the person making the sale of said article to such dealer, and in such case said person shall be amenable to the prosecution and penalties which would otherwise attach to said dealer under the provisions of this act. When the examinations or analyses herein provided for show that the provisions of this act have been violated and the dealer is relieved from prosecution under this section by the production of a guaranty signed by a person residing outside of this state, then the dairy commissioner shall report such fact to the secretary of agriculture of the United States, or the proper officer appointed for the enforcement of the act of Congress approved June 30, 1906, and known as the "Food and Drugs Act." SEC. 14. The word "person" in this act shall be construed to import the singular and the plural as the case demands, and shall include corporations, companies, societies, and associations, when construing and enforcing the provisions of this act, and 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 said person. SEC. 15. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed; but nothing in this act shall be construed as repealing chapter 127 of the public acts of 1905. SEC. 16. This act shall take effect January 1, 1908. Approved, July 31 1907. Conway, Cornelius H. Coughlan, Margaret A. Crary, Edwin Crowe, Arthur J., Ph. G. Daboll, Horace H. Daley, Joseph T. Damtoft, Kund J. Daskum, Elbert E. Davis, C. S. Woodhull Dempsey, Freeman, Jr., Ph. G. DeVillers, Chas. DeVorken, Alfred L. Dexter, G. Leslie Dickinson, A. L. Doran, Jas. P. Doran, Edward Doherty, Cornelius J. Dougal, Clarence H. Downey, Stephen J. Dresser, George E. Drobegg, Chas. Duggan, James Dupee, H. A. Eagny, James T. Ebbs, John Buddington Edwards, F. B. Embody, Cyrus B. Embree, Albert L. Ensign, Edward W. Evitts, Albert Fancher, George L. Farnsworth, Wm. E. Farovid, George D. Finch, Charles S. Fischer, Wm. J. H. Fisher, Albert L. Fleischner, Charles Flower, James H. Flynn, H. F. Forcier, Napoleon P. Ford, William E. Foster, Ralph H. Freeman, Charles N. Fuller, Henry S. Gannon, Edward Gannon, Richard J. Gardner, William H. Garvin, Patrick J. |