Reliance by dealer on guarantee by distributor--Liability to fines and penalties--Contents of guarantee.

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39-15-11. Reliance by dealer on guarantee by distributor--Liability to fines and penalties--Contents of guarantee.

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 drug, 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 other 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 drug was purchased.

Source: SL 1909, ch 180, §5; RC 1919, §7854; SDC 1939, §22.1104.


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