Certain dealers excepted from operation of pure food and drug law; guaranty of seller

No dealer shall be prosecuted for a violation of any provision of this subtitle regulating the adulteration or misbranding of any food, drug, cosmetic or device if he distributes or sells it or has it in his possession with intent to distribute or sell it in the original, unbroken package in which it was received by him, and he can establish a guarantee signed by the person from whom he purchased the same; a. If a resident of the State, that the article is not adulterated or misbranded within the meaning of this subtitle, designating it; or b. If a nonresident of the State residing in the United States, that the article is not adulterated or misbranded within the meaning of an Act of Congress entitled "An act to prohibit the movement in interstate commerce of adulterated and misbranded food, drugs, devices and cosmetics, and for other purposes," approved June twenty-fifth, one thousand nine hundred and thirty-eight, and the supplements and amendments thereto. Amended by L.1939, c. 320, p. 774, s. 16, eff. Jan. 1, 1940.