2010 New York Code
EDN - Education
Title 8 - THE PROFESSIONS
Article 137 - (6800 - 6828) PHARMACY
6825 - Proof required in prosecution for certain violations.

§ 6825. Proof  required  in prosecution for certain violations.  1. In
  an action or  proceeding,  civil  or  criminal,  against  a  person  for
  violating such provisions of this article which relate to the possession
  of,  compounding,  retailing or dispensing of misbranded, substituted or
  imitated drugs, poisons or cosmetics, when it shall be necessary that an
  analysis be made for the purpose of establishing  the  quality  of  such
  drug,  poison  or  cosmetic  so as to determine the fact of misbranding,
  substituting or imitating, then it shall be required  to  prove  at  the
  trial  or  hearing of such action or proceeding, that the person, taking
  the same for  analysis  separated  it  into  two  representative  parts,
  hermetically  or  otherwise effectively and completely sealed, delivered
  one  such  sealed  part  to  the   seller,   manufacturer,   wholesaler,
  pharmacist,  or  druggist  from whose premises such sample was taken and
  delivered the other part so sealed to  the  chemist  designated  by  the
  state  board  of  pharmacy;  and  the facts herein required to be proven
  shall be alleged in the complaint or information by which such action or
  proceeding was begun. The rules of the board shall be proven prima facie
  by the certificate of the secretary.
    2. Any person accused of violation of any of the  provisions  of  this
  article relating to adulterating, misbranding, substitution or imitation
  shall  not  be  prosecuted  or convicted or suffer any of the penalties,
  fines or forfeitures for such violation,  if  he  establishes  upon  the
  hearing  or  trial  that  the  drug,  device  or  cosmetic alleged to be
  adulterated, misbranded, substituted or imitated was  purchased  by  him
  under  a  written  guaranty  of the manufacturer or seller to the effect
  that said drug, device or cosmetic was not  adulterated  or  misbranded,
  within  the  meaning  of  this  article  and  proves  that  he  has  not
  adulterated, misbranded, substituted or imitated the same, provided  the
  seller  has  taken  due  precaution to maintain the standard set for the
  drug, device or cosmetic. A guaranty, in order to  be  a  defense  to  a
  prosecution or to prevent conviction or to afford protection, must state
  that the drug, device or cosmetic to which it refers is not adulterated,
  misbranded, substituted or imitated within the meaning of the provisions
  of  this article and must state also the full name and place of business
  of the manufacturer, wholesaler, jobber or other person  from  whom  the
  drug,  device  or  cosmetic was purchased, and the date of purchase. The
  act, omission or failure of any officer, agent or other employee  acting
  for  or  employed  by  any  person  within the scope of his authority or
  employment shall in every case be the act, omission or failure  of  such
  person as well as that of the officer, agent or other employee, and such
  person  shall  be  equally  liable  for  violations of this article by a
  partnership,  association  or  corporation,  and  every  member  of  the
  partnership or association and the directors and general officers of the
  corporation  and  the general manager of the partnership, association or
  corporation shall be individually liable and any action, prosecution  or
  proceeding  authorized by this article may be brought against any or all
  of such persons. When any prosecution under this article is made on  the
  complaint of the board, any fines collected shall be paid into the state
  treasury as provided by this article.
    3.  No  publisher,  radio-broadcast  licensee,  advertising agency, or
  agency or medium  for  the  dissemination  of  advertising,  except  the
  manufacturer,  packer,  distributor, or seller of the commodity to which
  the false advertisement relates,  shall  be  subject  to  the  penalties
  provided  by  this  article by reason of the dissemination by him of any
  false advertisement, unless he  has  refused,  on  the  request  of  the
  secretary,  to furnish the secretary the name and post-office address of
  the manufacturer, packer, distributor, seller or advertising agency, who
  caused him to disseminate such advertisement.