Section 194. After a sample of an article of food, drug, cosmetic or device, which is adulterated or misbranded has been taken from a person who establishes a guaranty, as provided in the preceding section, and the guarantor resides without the commonwealth, the dealer may nevertheless be prosecuted for a subsequent sale of such adulterated or misbranded articles; provided, that the department of public health or local board which took the sample has presented the facts to the proper national authorities for their action, that the person from whom the sample was taken has been notified by said department or board that the facts have so been presented, and that such person continues to sell such articles after he has been notified by said department or board as to the particulars of the adulteration or misbranding and warned to desist from further sales or distribution of the article. Upon conviction in any such case the penalties provided in section one hundred and ninety-one may be imposed.
In case of adulteration, if the department of public health or a board of health in a city having a population exceeding one hundred thousand, finds that the same when analyzed is plainly a gross violation of any of sections one hundred and eighty-six to one hundred and ninety-five, inclusive, or that the article is distinctly injurious to the health of the community, even though the case has not as yet been adjudicated, said department may cause notice of these facts to be published in its monthly bulletin and in such other ways as its establishes by rules and regulations; provided, that the guarantor has been notified and has been afforded an opportunity to be heard as provided in section one hundred and eighty-nine. Said notice shall contain a warning to all dealers to desist from further sale or distribution of such article. Whoever sells such article after said notice and warning shall be amenable, for each subsequent sale, to the penalties provided in section one hundred and ninety-one.
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