the report which the state board of health is already authorized by law to make to the governor. The state board of health may, in its discretion publish any part of said report in any issue of its monthly bulletin. Hearings for violations of act. Sec. 16. When an examination or analysis of the director 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 state board of health at which said party or parties may be heard before the state board of health or before 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. 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 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 food was found. No publication as in this act provided shall be made until after said hearing is concluded. Sheriff to purchase samples of alleged adulterated food. Sec. 17. It is hereby made the duty of the sheriff of any county of this state, on presentation to him of a verified complaint of the violation of any provisions of this act, at once to obtain by purchase a sample of the adulterated, mislabeled or misbranded food 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 such merchandise, 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. Fees of sheriff. Sec. 18. 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 amounts 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. Duty of district attorney. Sec. 19. 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. Misdemeanor to violate act. Adulterated food to be destroyed. Sec. 20. 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 punished by a fine of not less than 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. Food found to be adulterated, mislabeled or misbranded within the meaning of this act may, by order of any court or judge, be seized and destroyed. [Amendment approved April 26, 1911; Stats. 1911, p. 1114.] Disposition of fines. Sec. 21. 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 health and by the state board of examiners. Dealer not to be prosecuted when he holds wholesaler's guaranty. Sec. 22. 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, mislabeled or misbranded within the meaning of this act, and can also establish by satisfactory evidence that the article sold by him was mislabeled and that at the time of making such sale he was not aware of that fact; such guaranty may be either general or speciál. A general guaranty shall guarantee without condition or restriction all of the products or articles produced, prepared, compounded, packed, distributed, or sold by the guarantor as not adulterated within the meaning of this act. A special guaranty shall guarantee in the same manner the particular articles listed in an invoice of the same, and shall be attached to or shall fully identify such invoice. Both said guaranties to afford protection must contain the name and address of the party or parties making the sales of such article to said dealer. If the guaranty be to the effect that such article is not adulterated, mislabeled or misbranded within the meaning of the national pure food act, approved June 30, 1906, it shall be sufficient for the purposes of this act and have the same force and effect as though it referred to this act, except that a guaranty referring to the said national pure food act alone shall not be sufficient for the purposes of this act in any case where at any time the standard for the article concerned under this act is higher than the standard for a like article under said national pure food act. 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, mislabeled 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, [Amendment approved April 23, 1915, Stats. 1915, p. 171.] This section was also amended April 26th, 1911, Stats. 1911, p. 1114. The amendment of this section in 1915 contained the following provision: The provisions of this amendment shall be in force and effect from and after May 1, 1916; provided, that as to products packed and labeled prior to May 1, 1916, in accordance with said national pure food act, and with the regulations thereunder in force prior to May 5, 1914, the provisions of this amendment shall be in force and effect from and after November 1, 1916. Appropriation. Sec. 23. The sum of twenty thousand dollars ($20,000.00) is hereby appropriated out of any money in the state treasury not otherwise appropriated for the purchase of equipment, apparatus, chemicals and supplies of said laboratory and of the office expenses, in connection with the same and for the compensation of additional assistants and other necessary help. The state controller is hereby authorized to draw his warrants for the sums herein appropriated in favor of the secretary of the state board of health and the state treasurer is hereby directed to pay the same. Act prohibits manufacture after what date. Sec. 24. No article of food as herein defined shall be manufactured or produced in violation of this act from and after the first day of July, nineteen hundred and seven. Repeal of conflicting acts. Sec. 25. All acts and parts of acts in conflict or inconsistent with this act are hereby repealed. Act takes effect when. Sec. 26. This act shall be in force and effect from and after the first day of January, nineteen hundred and eight. ANIMALS. Act creating office of state veterinarian. 1. In effect March 18, 1899; Stats. 1899, p. 129. 2. Amended March 20, 1905; Stats. 1905, p. 423. 3. Amended March 19, 1909; Stats. 1909, p. 431. An act for the more effectual prevention of cruelty to animals. [1. Approved March 20, 1874; Stats. 1873-74, p. 499. 2. Amended by Stats. 1901, p. 285. 3. Amended March 2, 1903; Stats. 1903, p. 69.] §§ 1-5. Superseded by Civ. Code, §§ 607, 607a, 607f. § 6. Superseded by Pen. Code, § 597. §§ 7, 8, 9. Superseded by Pen. Code, §§ 597a, 597b, 597c. § 10. Superseded by Pen. Code, § 599a. §§ 11, 12, 13. Superseded by Pen. Code, §§ 597d, 597e, 597f. §§ 14, 15. §§ 16, 17. $$ 20, 21. Superseded by Pen. Code, § 599d, 599c, 599e. § 22. Superseded by Code Civ. Proc., § 1208a. An act to prohibit the use of the bristle-bur, tack-bur, or other like devices on horses or other animals in this state. [Approved March 13, 1903; Stats. 1903, p. 139.] § 1. Bristle-bur, tack-bur, etc., on horses, prohibited. § 2. Penalty. § 3. Conflicting acts repealed. § 4. Act takes effect when. Bristle-bur, tack-bur, etc., on horses, prohibited. Section 1. It shall be unlawful hereafter in this state for any one, owner, driver or other person, having the care, custody or control of any horse or other animal, to use what is known as the bristle-bur, tack-bur, or other like device, by whatsoever name known or designated, on any said horse or other animal for any purpose whatsoever. Penalty. Sec. 2. A violation of the provisions of this act shall be deemed a misdemeanor and any one found guilty thereof shall be punished by a fine of not less than twenty-five dollars nor more than two hundred and fifty dollars, or by imprisonment in the county jail not less than ten nor more than one hundred and seventy-five days, or may be punished by both such fine and imprisonment. Conflicting acts repealed. Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Act takes effect when. Sec. 4. This act shall take effect and be in force from and after its passage. An act to prevent tampering with animals, and to prevent the giving or administering of poison or drugs to horses, cattle, dogs, animals, and other live-stock, except for medicinal purposes, and making the same a misdemeanor. [Approved March 23, 1901; Stats. 1901, p. 553.] $1. Unlawful administering of drugs to animals on exhibition. § 2. Same. § 3. Penalty. $4. Conflicting acts repealed. § 5. Act takes effect when. Unlawful administering of drugs to animals on exhibition. Section 1. It shall be unlawful for any person or persons, except for medicinal purposes, to administer any poison, drug, medicine, or other noxious substance, to any horse, stud, mule, ass, mare, horned cattle, neat cattle, gelding, colt, filly, dog, animals, or other live-stock, entered or about to be entered in any race or upon any race-course in the state of California, or entered or about to be entered at or with any agricultural park, or association, race-course, or corporation, or other exhibition for competition for prize, reward, purse, premium, stake, sweepstakes, or other reward, or to expose any such poison, drug, medicine, or noxious substance, with intent that the same shall be taken, inhaled, swallowed, or otherwise received by any horse, stud, mule, ass, mare, horned cattle, neat cattle, gelding, colt, filly, dog, animal, or other live-stock, with intent to |