Section 43. Evidence  


Latest version.
  • The  doing  of  anything prohibited by this chapter
      shall be evidence of the violation of the  provisions  of  this  chapter
      relating  to  the  thing  so prohibited, and the omission to do anything
      directed to be done shall be evidence of a violation of  the  provisions
      of  the chapter relative to the thing so directed to be done. The intent
      of any person doing or omitting to do any such act is immaterial in  any
      prosecution  for  a  violation  of  the provisions of this chapter.  Any
      person who suffers, permits or allows any violation of the provisions of
      this chapter in any room or building  occupied  or  controlled  by  him,
      shall be guilty of such violation and liable accordingly. Any person who
      shall  keep, store or display any article or product, the manufacture or
      sale of which is prohibited or regulated by  this  chapter,  with  other
      merchandise  or  stock in his place of business, shall be deemed to have
      the same in his possession for sale.
        Every certificate, duly signed and acknowledged, of a chemist, analyst
      or  other  expert  employed  by  the  commissioner  or   any   analysis,
      examination  or  investigation  made  by such analyst, chemist or expert
      with respect to  any  matter  or  product  which  the  commissioner  has
      authority  to  examine  or  cause  to  be examined, shall be presumptive
      evidence of the facts therein stated.