Section 193. Except as provided in section one hundred and ninety-four, no dealer shall be prosecuted under sections one hundred and eighty-six to one hundred and ninety-five, inclusive, for selling or offering for sale any article of food, drug, cosmetic or device, in the original, unbroken package in which it was received by him if he can establish a guaranty by the wholesaler, jobber, manufacturer or other person residing in the commonwealth from whom he purchased the article to the effect that the same is not adulterated or misbranded within the meaning of the laws of this commonwealth or the Federal Food, Drug and Cosmetic Act, or by the wholesaler, jobber, manufacturer or other person residing without the commonwealth to the effect that the same is not adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act. Such guaranty, to afford protection, shall contain the name and address of the person making the sale of this article to the dealer, and in that case such person shall be amenable to the prosecutions, fines and other penalties which would attach in due course to the dealer under sections one hundred and eighty-six to one hundred and ninety-five, inclusive. If it shall appear that any provision of said sections has been violated, and the party giving said guaranty is without the commonwealth, no action shall be brought except as is provided therein, but the department of public health or the local board taking the sample shall present the facts to the proper national authorities for their action. The provisions of this section shall not apply in the case of a food, drug, cosmetic or device, subject to deterioration if the court finds that the adulteration has occurred after delivery to, and has resulted from negligence on the part of, the dealer.
Under the authority given by section one hundred and ninety-two the department of public health shall adopt rules and regulations which shall be observed by the said department and by local boards of health in ascertaining whether there is such a guaranty which may be relied upon by the dealer.
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