N.Y. Agriculture & Markets Law § 214: Guaranty established

§ 214. Guaranty established. 1. No dealer shall be prosecuted under

the provisions of this article when he can establish a guaranty signed

by the wholesaler, jobber, manufacturer or other party residing or

having a place of business within the state from whom he purchased the

articles to the effect that the same are not adulterated or misbranded

within the meaning of this article. Said guaranty to afford protection

shall contain the name and address of the guarantor and in such case the

guarantor shall be amenable to the prosecutions, fines and other

penalties which would attach in due course to the dealer under the

provisions of this article.

2. It shall be the duty of the commissioner immediately upon the

discovery of evidence that any article of food is adulterated or

misbranded within the meaning of this chapter, to notify in writing the

dealer selling the same and no guaranty shall exempt any dealer from

prosecution if he shall continue to sell such article after having

received such written notice.