§ 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.