39-4-20. Reliance by dealer on guaranty by wholesaler or manufacturer--Contents of guaranty.

Whenever any dealer shall have received a guaranty, signed by the wholesaler, jobber, manufacturer, or other person, residing within the United States, from whom he purchased the food product, to the effect that the same is not adulterated or misbranded as defined in this chapter, he shall not be liable to prosecution under this chapter, unless he shall have knowledge or notice of the falsity of such guaranty, but the person making such guaranty shall be subject to the fines and penalties which otherwise would attach to such dealer. Such guaranty must contain the name and post office address of the wholesaler, jobber, manufacturer, or person from whom the food product was purchased; provided that any product which is evidently unfit for consumption must not be sold or offered for sale though the dealer may possess the guaranty provided for in this section.

Source: SL 1909, ch 163, § 7; SL 1913, ch 215, § 5; SL 1917, ch 242, § 7; RC 1919, § 7810; SDC 1939, § 22.0404.