[1] Libel — Privileged Publications — Malice — Section 47 of the Civil Code.—Absence of malice is an express limitation upon the privilege sanctioned by subdivision 3 of section 47 of the Civil Code, whereas, in this regard, the exemptions specified in the first and second subdivisions of said section are absolute and unqualified.

[2] Id.—Director of State Laboratory—Communications With Officials of Other States—When not privileged,—A letter written by the director of the state laboratory of California to Iho Department of Agriculture of another state stating that a certain dealer in food products “was dealing in adulterated, rancid food products, to wit: walnut meats, which were unfit for human consumption,” and that a certain number of cases of walnut meats were being shipped into the latter state which were adulterated, rancid, and unfit for human consumption, which statements were alleged to be false, was not published in the proper discharge of official duty or in an official proceeding authorized by law, and is not a privileged publication.

2. Official report by executive or administrative officer as libel and slander, note, 5 L. B. A. (N. S.) 163.

[3] Id.—Duties oe Director oe State Laboratory.—The duties of the director of the state laboratory are, first, the examination and analyses of foodstuffs, and, second, the issuance of reports thereon to the state board of health. In other words, his duties are confined to scientific analyses and deductions. The director has no power to compel the procurement and submission of foodstuffs for examination. He examines the samples submitted to him and reports to the board, and here terminates his official activity; he has no part whatever in applying the results of his investigations. The act does not impose any duty upon a director to communicate the facts ascertained by him to anyone other than the state board of health.