West Virginia Code § 16-7-3

Inspection and analysis of foods and drugs; certificate of result as prima
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facie evidence in prosecution.
Whenever the state health officer, the West Virginia Board of Pharmacy, or any county or
municipal health officer has reason to believe that any food or drug manufactured for sale,
offered for sale, or sold within this state, is adulterated, the state health officer or Board of
Pharmacy, by its authorized agents, or such county or municipal health officeer shall have the
power, and it shall be his or her duty, to enter, during the usual hours of business, into any
creamery, factory, store, salesroom, drugstore, laboratory or other placre where he or she
has reason to believe such food or drug is manufactured, prepared, sold or offered for sale,
within the county or municipality, as the same may be, and to open any case, tub, jar, bottle
or package containing, or supposed to contain, any such food or drug, and take a specimen
thereof for examination and analysis. If less than a whole patckage is taken, the specimen
shall be sealed and properly prepared for shipment to the person who shall make the
analysis hereinafter provided for. No whole or less than a whole package taken and prepared
for shipment shall be opened before it has been received by the analyst aforesaid.
It shall be the duty of a qualified chemist to tesst and analyze any such specimen, to record
the result of his or her analysis among the records of the department, and to certify such
findings to the state health officer, the West Virginia Board of Pharmacy, or to the county or
municipal health officers, as the casge may be. If the analysis indicates that the said food or
drug is adulterated, a certificate of such result, sworn to by the person making the analysis,
who shall also state in his or heer certificate the reasonable cost and expense of such
analysis, shall be prima facie evidence of such adulteration in any prosecution under this
article. L

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