Service and regulatory announcements

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Service and regulatory announcements
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UNITED STATES DEPARTMENT OF AGRICULTURE
AGRICULTURAL MARKETING SERVICE

Service and Regulatory Announcements No. 162




REGULATIONS

FOR THE ENFORCEMENT OF

THE INSECTICIDE ACT OF 1910



INSECTICIDE ACT OF 1910
(36 STAT. 331; 7 U. S. C. 121-134)



a Issued October 1941
(Supersedes S. R. A., I. F. No. 1)


UNIV. OF. FL LU8.
OCiUMENTs DEPT.


II6 I _












































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S. R. A.-A. M. S. 162 Issued October 1941

United States Department of Agriculture

AGRICULTURAL MARKETING SERVICE

SERVICE AND REGULATORY ANNOUNCEMENTS NO. 1621



REGULATIONS FOR THE ENFORCEMENT OF THE
INSECTICIDE ACT OF 1910



UNITED STATES DEPARTMENT OF AGRICULTURE,
OFFICE OF THE SECRETARY,
Washington, D. C.
Pursuant to the authority of section 3 of the Insecticide Act of 1910 (36 Stat.
331; 7 U. S. C. 127) we hereby make and publish the following rules and regu-
lations for the enforcement of the Insecticide Act of 1910, to become effective on
October 1, 1941.
These regulations shall supersede those previously promulgated and published
as part 180, chapter I, title 21, Code of Federal Regulations, which are hereby
repealed.


(Title 7, Ch. I, P. 161 of the Code of Federal Regulations)


CONTENTS


Page
Definitions.---------------------------- 1
161.1 Meaning of words--...-------------- 1
161.2 Terms defined.--.----------------- 2
Administration --------------------------- 2
161.3 Authority .........---------------- 2
Samples ....-------------------------..-------- 2
161.4 Collection of samples -------------- 2
161.5 Investigations _----------- 2
161.6 Methods of examining samples...... 2
161.7 Hearings_.---- ------------------- 2
Violations ------------------------------- 3
161.8 Report of violations -----.-------- 3
161.9 Publication_. _---------------- 3
Abstraction of valuable constituents- .---------- 3
161.10 When wholly abstracted_---------- 3
161.11 When partly abstracted....-------- 3


Page
Labeling----------- --------------------. 3
161.12 Statements on label .----------.---- 3
161.13 When labels are required --------- 4
161.14 Name and address of manufacturer. 4
Guaranty---... ....------- -.-------------- ... 4
161.15 Guaranty against adulteration and
misbranding--- --------------- 4
Imports --------------------------------- 4
161.16 Declaration ----...-...--........--. 4
161.17 Notice of shipments for importation. 4
161.18 Drawing of samples of import ship-
ments_ _-------------- 5
161.19 Bond for release of imports pending
examination ...----.. ...------- 5
161.20 Procedure after examination..-.---- 5
Text of the Insecticide Act of 1910_ -------- 6


DEFINITIONS

161.1 Meaning of words.-Words in the regulations in this part in the singu-
lar form shall be deemed to import the plural, and vice versa, as the case may
demand.

1 These regulations were previously issued by the Food, Drug, and Insecticide Admin-
istration, as S. R. A., I. F. No. 1. In revised form, they are now issued by the Agricultural
Marketing Service, to which Service the work of enforcing the act was transferred June
30, 1940.


424044--41








161.2 Terms defined.-For the purpose of the regulations in this part, unless
the context otherwise requires, the following terms shall be construed, respectively,
to mean:
(a) "Act" means the Insecticide Act of 1910 (36 Stat. 331; 7 U. S. C. 121-134).
(b) "Person" means an individual. corporation, partnership, or two or more
persons having a joint or common interest.
(c) "Chief of Service" means the Chief or Acting Chief of Agricultural Market-
ing Service, United States Department of Agriculture.
(d) "Package" includes the carton, box, barrel, or other receptacle into which
an insecticide or fungicide, paris green, or lead arsenate is placed for use, han-
dling, rein v;al. shipment, or conveyance; a single container of such article or ar-
ticles or several containers packed together, including both the immediate con-
tainer of the material and the box, carton, or other container (if any) in which
it is enclosed or displ;Iaed.
(e) "Unbroken package and original unbroken package" means the original
package delivered by the shipper to the carrier at the initial point of interstate
shipment, and also the unit package as ordinarily displayed on the shelves of the
retail dealer or distributor.
(f) "Label" includes any legend and descriptive matter or design printed,
stenciled, stamped, seared, or impressed upon the article or its container or
wrapper, and also includes any circular, pamphlet, or other descriptive matter
packed with or accompanying the article at any time while such article is in inter-
state commerce, and such letters, circulars, pamphlets, and other descriptive mat-
ter to which reference is made, either on the label attached to the package or
on the package itself, or any circular, pamphlet, or other descriptive matter
accompanying the package in interstate commerce.
(g) "Insect" means any of the numerous small invertebrate animals generally
having the body more or less obviously segmented, for the most part belonging
to the class Insecta, comprising six-legged, usually winged forms, as, for ex-
ample, beetles, bugs, bees, flies, and to other allied classes of arthropods whose
members are wilgle.s and usually have more than six legs, as, for example, spiders,
mites, ticks, centipedes, and wood lice.
(h) "Fungi" means all nonchlorophyll-bearing plants of a lower order than
mosses and liverworts (i. e., nonchlorophyll-bearing thallophytes), as, for exam-
ple, rusts, smuts, mildews, molds, yeasts, and bacteria.
(i) "Official inspector" means any employee of the Agricultural Marketing Serv-
ice or other authorized inspector or agent of the Department of Agriculture or of
the Treasury Department.

ADMINISTRATION
161.3 Authority.-The Chief of Service is charged with the administration of
the provisions of the act and the regulations in this part and is authorized to
issue such instructions as he may deem proper and necessary.

SAMPLES
161.4 Collection of samples.-Samples shall be collected only by official
inspectors.
161.5 Investigations.-Official inspectors shall make investigations to locate
shipments of products which may be in violation of the law; visit manufacturers
and distributors and, with their consent, obtain information concerning insecti-
cides and fungicides marketed by such parties, and records of interstate ship-
ments; consult -hiipitng records, such as those kept by railroad, express, -and
trucking companies, and visit wholesale and retail establishments and other
places to locate interstate shipments of insecticides and fungicides.
161.6 Methods of examining samples.-The methods of examining samples
shall be those adopted and published by the Association of Official Agricultural
Chemists (where applicable), and such other methods as may be necessary to
determine whether or not the product and its labeling are in compliance with the
law. These methods may include chemical, microscopical, physical, and bacterio-
logical methods, and tests in orchard, field, ga rden. and greenhouse, on animals,
in or about premises, in c;ize be necessary.
161.7 Hearings.-If, from the examination or analysis, a sample appears to
be adulterated or mi-br!anded within the rnmaninil of the act, notice in writing,
-ettiug forth the charges, shall be sent to the person who made, or offered to








make, the shipment, and to any other interested pelr-ii, gi ving himi an i,.riII 111iit y
to offer such explanation as he im:iy desire, for consideration by the Department.
Should any such person file, in addition to his reply in wrill in;l. a written rcqiir.-
for an oral hearing, giving his reasons therefore, due consideration will be given to
the question whether any useful purpose would he served by such a I.i:;riin.
No hearing will be giraited prior to seizure action pursuant to section 10 of the
act.
VIOLATIONS
161.8 Report of violations.-RIequests for institution of prosecutions under
sections 1 and 2 of the act, and, where practicable, for Ipr.'-, ,lii"- under section
10 of the act, will be made by the Secret ary of Agriculture to the Attorney General.
Where immediate action is necessary to secure the seizure of articles under section
10 and delay would result by rc.l irlini) the facts to the Attorney General, the
Secretary of Agriculture will communicate directly with the United States attor-
neys. In such cases, however, the Secretary of A griiillnre will promptly furnish
the Attorney General with a icopy of the communication to the United Sil:ies
Attorney.
161.9 Publication.-Publication shall be made of notices of juii'i -iiit of the
courts in cases arising under both the criminal sections (sections 1 and 2) and
the seizure section (section 10) of the act in the form of circulars, notices, or
bulletins as the Chief of Service mii;n direct.

ABSTRACTION OF VALUABLE CONSTITUENTS
161.10 When wholly abstracted.-A valuable constituent will be considered
as wholly abstracted from an article whenever the d--inlation of the article
imports its presence therein and the constituent has been wholly omitted there-
from, in the preparation of the article, or has been wholly removed from the
completed article.
161.11 When partly abstracted.-A valuable constituent will be considered
as partly abstracted from an article whenever the d'.-iizlati i of the article im-
ports its presence therein and the constituent is not present in the usual or cus-
tomary amount or in the amount indicated on the label.

LABELING
161.12 Statements on label.-Statements on labels must conform to the fol-
lowing requirements:
(a) To be in Enili.-ih lain, ,gr.-All words, statements, and other information
required by the act to appear on the label shall be in the Ei:llih l:iii n:t.I.
(b) Ingredient statemnent.-The iigrt-diirt statement, where required on the
labels of insecticides and fiiv i'ide-, shall: (1) be placed on that part of the label
of each individual package or container (and also on the carton or outer container,
if there is one) which is presented or di-played under customary conditions of
purchase; (2) run parallel with other printed or reading matter on the label;
(3) not be materially less conspicuous than any other word, statement, or infor-
mation on the label; (4) be on a clear, (coi:,tr:lkl;in lI.iIkrii.nd and not obscured
by designs or vignettes, or crowded with other writf.i n. printed, or graphic matter;
(5) give the specific names by which the incredi.'nt is commonly known, other
than a trade name or collective name, or, if it does not have such a name, its cor-
rect chemical name; (6) give equal prominence to the names of the ingredlielit
where more than one is present; (7) give single values for the pIer'.iitt.r-.. of
the ingredients and shall not use a -lidlinr scale form of statement; and (8) show
the term "Inert Ingredienrt" in type and position equally as el.,iispiciniiis as the
term "Active Ingredient" when both these terms are used.
(c) Phenol coefficient statement.-If a label of a disinfectant bears a phenol
coefficient statement it shall not be in a sliding scale form.
(d) False and wi. is-, diwi statements.-The use of any false or misleading state-
ment on any part of the label or labeling, given as the statement or opinion of an
expert or other person or based on such statement or opinion, shall not be justified,
nor may such statement be justified by any descriptive matter explaining the use
of the false or misleading statement.
Any statement on the label or labeling, either directly or indirectly implyirin
that the product is recommended or endorsed by any agency of the Federal
Government, is considered mi-lei ddizr.








161.13 When labels are required.-Whenever, by the terms of the act, informa-
tion is required to be on the label of an insecticide or fungicide, a label must
be placed on the article or its container in order that the statement can be made.
The omission of a label will not excuse the absence of the required statement.
161.14 Name and address of manufacturer.-(a) True name and place. The
name of the manufacturer or producer or the place of manufacture need not
be given upon the label, but, if givhn. it must be the true name and true place.
The words "Packed for *," "Distributed by *," or some equivalent
phrase, shall be nildElt to the label in case the name which appears upon the
label is not that of the actual manufacturer or producer.
(b) When more than one place of manufacture.-When a person actually
manufactures or produces an insecticide, fungicide, paris green, or lead arsenate
in two or more places, the actual place of manufacture or production of each
particular p;iiakl;n need not be stated on the label except when, under the peculiar
circumstances of the particular case, the mention of any such place to the
exclusion of the others may mislead the public.
(c) Gi ort tri, iclc l name.-The use of a geographical name on the label of an
insecticide or funi:iildq will not be considered misbranding when, by reason of
long usage, it has come to represent a generic term and indicates a style, type,
or brand, or a specific substance rather than the place of manufacture, but
in all such cases the place where iny such article is manufactured or produced
shall be stated on the principal label.

GUARANTY
161.15 Guaranty against adulteration and misbranding.-The following pro-
visions apply to the furiiihiiin, and use of the guaranty:
(a) To dealer.-Any wholesaler, manufacturer, jobber, or other person resid-
ing in the United States nimiy furnish to any person to whom he sells any insecti-
cide, paris green, lead arsenate, or fuiin'ivid'. a guaranty that such article is
not adulterated or misbranded within the nr'aniing of the act.
(b) Essential wording.--E;ch guaranty to afford protection shall be signed
by, and shall contain the name and address of, the wholesaler, manufacturer,
jobber, or other person residing in the United States who sold the article, and
it shall be stated in the guaranty that such article or articles are not adulterated
or misbranded within the meaning of the act. The guaranty shall not appear
on the labels or packages.
(c) Holder not to be prosecuted.-No dealer in insecticides, paris greens, lead
arsenates, or fuiiiidecils will be liable to prosecution if he can establish that
the articles were sold under a guaranty given in compliance with the regulations
in this part.
IMPORTS
161.16 Declaration.-All invoices of insecticides, paris greens, lead arsenates,
and fungicides imported into the United States shall be accompanied by a
declaration of the shipper, made before a United States consular officer, as
follows:
I, _------------- ------------, the undersigned, do hereby declare that I am the
(Name in full)
------ ----------------- of the merchandise herein mentioned, which consists
(Manufacturer or shipper)
of ins. .i.eh- i, paris greens, lead arsenates, or fungicides. None of this merchandise is
falsely labeled in any respect, or dangerous to the health of the people of the Tnited States,
or forbidden entry into, or sale in, or restricted in sale in, the country in which it is made
or from which it is exported. The merchandise was manufactured in --
(Country)
by -_--_ -----------, and is exported from ---_-- __--- consigned to
(Name of manufacturer) (City)
(City)
Dated at ------------------------ this --------- day of -------------, 19_.
(Signature)
161.17 Notice of shipments for importation.-The collector of customs shall
notify the Agricultural M:liritting Service of the United States Deip:irtint of
A'urir-iilu re of all shipments of iii,,ririi,.' and fuiini' id, s bing imported into
the United States and shall detain all such shipments until notified by the
Agricultural M.irketing Service that the shipment may be released.








161.18 Drawing of samples of import shipments.-The collector of customs
shall, on request of the Agricultural Mlarketihig Service of the United States
Department of Agriculture, draw samples of import shipments of insecticides
and fungicides and deliver them together with a copy of the laIli1iirl and all
acci'inll;payi li circulars and advi.rti-inig matter pertainingii to the gpilu- to the
designated laboratory of the Agricultural Marketing Service.
161.19 Bond for release of imports pending examination.--Consiigiiiiniil, of
insecticides, paris greens, lead arsenates, or fiuniL.idics, otTered for importation
into the United States may be detained pending examination to determine whether
they are adulterated or misbranded, or they may be released to the .coi -ignl-e
prior to such examination upon the execution on the appropriate form of a cus-
toms single-entry or term bond in such amount as is prl.--rilied for such bonds
in the customs regulations in force on the date of entry and containing a condition
for the redelivery of the merchandise or any part thereof upon demand of the
collector of customs at any time. The bond shall be filed with the collector
of customs, who, in case of d-fauilt, shall take applrpri at action to etffct the
collection of liquidated da inmgec as pro\ ided for in the bond.
161.20 Procedure after examination.-(a) If, upon examination or analysis of
a sample from an import consignment of insecticides, paris greens, lead arsenates,
or fungicides, (1) it is found not to be adulterated or misbranded, the Agricul-
tural Marketing Service shall notify the collector of customs that the shipment
may be released; (2) but if the consignment is found to be adulterated or mis-
branded the owner or consignee shall be promptly notified by the Agricultural
Markvetiner Service of the nature of the charge in order that he may be given an
opportunity to show cause why the shipment should not be destroyed or refused
entry.
(b) A reasonable time will be allowed the owner or c.nigiiee to submit evi-
dence for consideration in connection with charges of adulteration or misbranding.
(c) If, after consideration of all of the evidence in the case, it still appears
that the consignment may not be lawfully admitted into the United States,
the Agricultural Marketing Service shall notify the collector of customs that the
product is adulterated or misbranded under the act and the Secretary of the
Treasury (1) shall refuse delivery to the consignee and, under such regulations
as the Secretary of the Treasury may prescribe, shall cause the destruction of
any goods not exported by the consignee within three months from the date of
notice of such refusal of entry, or (2) if the shipment has been released to the
consignee on bond, action will be taken to enforce the terms of the bond.
Done at Washington, D. C., this 23d day of September 1941.

Witness my hand and seal of the Treasury Department.






Acting Secretary of the Treasury.
Witness my hand and seal of the Department of Agriculture.






Acting Secretary of Agriculture.
Witness my hand and seal of the Department of Commerce.







Acting Secretary of Commerce.






6

THE INSECTICIDE ACT OF 1910
An Act For preventing the manufacture, sale, or transportation of adulterated or mis-
branded paris greens, lead arsenates, and other insecticides, and also fungicides, and for
regulating traffic therein, and for other purposes. (36 Stat. 331; 7 U. S. C. 121-134.)
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress a. ib il(d. That it shall be unlawful for any
person to manufacture within any Territory or the District of Columbia any
insecticide, paris green, lead arsenate, or fungicide which is adulterated or
misbranded within the meaning of this act; and any person who shall violate
any of the provisions of this section shall be guilty of a misdemeanor, and shall,
upon conviction thereof, be fined not to exceed two hundred dollars for the first
offense, and upon conviction for each subsequent offense be fined not to exceed
three hundred dollars, or sentenced to imprisonment for not to exceed one year,
or both such fine and imprisonment, in the discretion of the court.
SEC. 2. That the introduction into any State or Territory or the District of
Columbia from any other State or Territory or the District of Columbia, or
from any foreign country, or shipment to any foreign country, of any insecticide,
or paris green, or lead arsenate, or fungicide which is adulterated or mis-
branded within the meaning of this act is hereby prohibited; and any person
who shall ship or deliver for shipment from any State or Territory or the
District of Columbia to any other State or Territory or the District of Columbia,
or to any foreign country, or who shall receive in any State or Territory or the
District of Columbia from any other State or Territory or the District of Colum-
bia, or foreign country, and having so received, shall deliver, in original unbroken
packages, for pay or otherwise, or offer to deliver, to any other person, any
such article so adulterated or misbranded within the meaning of this act, or
any person who shall sell or offer for sale in the District of Columbia or any
Territory of the United States any such adulterated or misbranded insecticide, or
paris green, or lead arsenate, or fungicide, or export or offer to export the same
to any foreign country, shall be guilty of a misdemeanor, and for such offense be
fined not exceeding two hundred dollars for the first offense, and upon conviction
for each subsequent offense not exceeding three hundred dollars, or be imprisoned
not exceeding one year, or both, in the discretion of the court: Provided, That
no article shall be deemed misbranded or adulterated within the provisions of
this act when intended for export to any foreign country and prepared or packed
according to the specifications or directions of the foreign purchaser; but if said
article shall be in fact sold or offered for sale for domestic use or consumption,
then this proviso shall not exempt said article from the operation of any of the
other provisions of this act.
SEC. 3. That the Secretary of the Treasury, the Secretary of Agriculture, and
the Secretary of Commerce and Labor shall make uniform rules and regulations
for carrying out the provisions of this act, including the collection and examina-
tion of specimens of insecticides, paris greens, lead arsenates, and fungicides
manufactured or offered for sale in the District of Columbia or in any Territory
of the United States, or which shall be offered for sale in unbroken packages
in any State other than that in which they shall have been respectively manu-
factured or produced, or which shall be received from any foreign country or
intended for shipment to any f''r.iLzn country, or which may be submitted for
examination by the director of the experiment station of any State, Territory,
or the District of Columbia (acting under the direction of the Secretary of
Agriculture), or at any domestic or foreign port through which such product
is offered for interstate commerce, or for export or import between the United
States and any foreign port or ci'nitry.
SEC. 4. That the examination of specimens of insecticides, paris greens, lead
arsenates, and fungicides shall be made in the Department of Agriculture, by
such existing bureau or bureaus as may be directed by the Secretary, for the
purpose of detfernmiirin from such examination whether such articles are
adulterated or misbranded within the nm.aliina of this act; and if it shall
appear from any such examination that any of such specimens are adulterated
or misbranded within the meaning of this act, the Secretary of Agriculture
shall cause notice thereof to be given to the party from whom such sample was
obtained. Any party so notified shall be given an opportunity to be heard,
under such rules and regulations as may be prescribed as aforesaid, and if it
appears that any of the provisions of this act have been violated by such party,
then the Secretary of Agriculture shall at once certify the facts to the proper
United States district attorney, with a copy of the results of the analysis or the







examination of such article duly authenticated by the analyst or officer nmking
such examination, under the oath of such officer. After jii'lginonit of the court,
notice shall be given by publication in such manner as may be prescribed by
the rules andl regiultionis aforesaid.
SEO. 5. That it shall be the duty of each district attorney to whom the Secre-
tary of Agriculture shall report any violation of this act, or to whom any
director of experiment station or :agent of any State, Teriritr-ry, or the District
of COluiiini:i, under authority of the Secretary of Agriculture, shall present
satisfactory evidences of any such violation, to cause ai)pprq'iri.;it pe O i ding'
to be commenced and prosecuted in the proper courts of the United States,
without delay, for the enforcement of the penalties as in such case herein
provided.
SEc. 6. That the term "insel.ticidh" as used in this act shall include any
substance or mixture of substances intended to be used for pr-evenlltirng, destroy-
ing, repelling, or iitigai.liig any insects which may infest vegetation, man or
other animals, or households, or be present in any environment whatsoever.
The term "paris green" as used in this act shall include the product sold in
commerce as paris green and chemically known as the aceto-arsenite of copper.
The term "lead arsenate" as used in this act shall include the product or
products sold in commerce as lead arsenate and consisting chemically of
products derived from arsenic acid (H3As04) by replacing one or more hydrogen
atoms by lead. That the term "fungicide" as used in this act shall include
any substance or mixture of substances intended to be used for preventing,
destroying, repelling, or mitigating any and all fungi that may infest vegeta-
tion or be present in any environment whatsoever.
SEO. 7. That for the purpose of this act an article shall be deemed to be
adulterated-
In the case of paris green: First, if it does not contain at least fifty per
centum of arsenious oxide; second, if it contains arsenic in water-soluble forms
equivalent to more than three and one-half per centum of arsenious oxide;
third, if any substance has been mixed and packed with it so as to reduce or
lower or injuriously affect its quality or strength.
In the case of lead arsenate: First, if it contains more than fifty per
centum of water; second, if it contains total arsenic equivalent to less than
twelve and one-half per centum of arsenic oxide (As5Os) ; third, if it contains
arsenic in water-soluble forms equivalent to more than seventy-five one-
hundredths per centum of arsenic oxide (As2O5) ; fourth, if any substances have
been mixed and packed with it so as to reduce, lower, or injuriously affect its
quality or strength; Provided, however, That extra water may be added to lead
arsenate (as described in this paragraph) if the resulting mixture is labeled
lead arsenate and water, the percentage of extra water being plainly and
correctly stated on the label.
In the case of insecticides or fungicides, other than paris green and lead
arsenate: First, if its strength or purity fall below the professed standard or
quality under which it is sold; second, if any substance has been substituted
wholly or in part for the article; third, if any valuable constituent of the
article has been wholly or in part abstracted; fourth, if it is intended for use
on vegetation and shall contain any substance or substances which, although
preventing, destroying, repelling, or mitigating insects, shall be injurious to
such vegetation when used.
SEC. 8. That the term "misbranded" as used herein shall apply to all insecti-
cides, paris greens, lead arsenates, or fungicides, or articles which enter into
the composition of insecticides or fungicides, the package or label of which shall
bear any statement, design, or device regarding such article or the ingre-
dients or substances contained therein which shall be false or misleading in
any particular, and to all insecticides, paris greens, lead arsenates, or fungi-
cides which are falsely branded as to the State, Territory, or country in which
they are manufactured or produced.
That for the purpose of this act an article shall be deemed to be misbranded-
In the case of insecticides, paris greens, lead arsenates, and fungicides:
First, if it be an imitation or offered for sale under the name of another article;
second, if it be labeled or branded so as to deceive or mislead the purchaser,
or if the contents of the package as originally put up shall have been removed
in whole or in part and other contents shall have been placed in such package;
third, if in package form, and the contents are stated in terms of weight or
measure, they are not plainly and correctly stated on the outside of the package.







In the case of insecticides (other than paris greens and lead arsenates) and
fungicides: First, if it contains arsenic in any of its combinations or in the
elemental form and the total amount of arsenic present (expressed as per
centum of metallic arsenic) is not stated on the label; second, if it contains
arsenic in any of its combinations or in the elemental form and the amount
of arsenic in water-soluble forms (expressed as per centum of metallic arsenic)
is not stated on the label; third, if it consists partially or completely of an
inert substance or substances which do not prevent, destroy, repel, or mitigate
insects or fungi and does not have the names and percentage amounts of each
and every one of such inert ingredients plainly and correctly stated on the
label: Provided, however, That in lieu of naming and stating the percentage
amount of each and every inert ingredient the producer may at his discretion
state plainly upon the label the correct names and percentage amounts of each
and every ingredient of the insecticide or fungicide having insecticidal or
fungicidal properties, and make no mention of the inert ingredients, except in
so far as to state the total percentage of inert ingredients present.
SEC. 9. That no dealer shall be prosecuted under the provisions of this act
when he can establish a guaranty signed by the wholesaler, jobber, manufac-
turer, or other party residing in the United States, from whom he purchased
such articles, to the effect that the same is not adulterated or misbranded within
the meaning of this act, designating it. Said guaranty, to afford protection,
shall contain the name and address of the party or parties making the sale of
such articles to such dealer, and in such case said party or parties shall be
amenable to the prosecutions, fines, and other penalties which would attach in
due course to the dealer under the provisions of this act.
SEC. 10. That any insecticide, paris green, lead arsenate, or fungicide that
is adulterated or misbranded within the meaning of this act and is being trans-
ported from one State, Territory, or District, to another for sale, or, having
been transported, remains unloaded, unsold, or in original unbroken packages, or
if it be sold or offered for sale in the District of Columbia or any Territory of
the United States, or if it be imported from a foreign country for sale, shall be
liable to be proceeded against in any district court of the Uited States within
the district wherein the same is found and seized for confiscation by a process
of libel for condemnation.
And if such article is condemned as being adulterated or misbranded, within
the meaning of this act, the same shall be disposed of by destruction or sale as
the said court may direct, and the proceeds thereof, if sold, less the legal costs
and charges, shall be paid into the Treasury of the United States, but such
goods shall not be sold in any jurisdiction contrary to the provisions of this act
or the laws of that jurisdiction: Provided, however, That upon the payment of
the costs of such libel proceedings and the execution and delivery of a good
and sufficient bond to the effect that such articles shall not be sold or otherwise
disposed of contrary to the provisions of this act or the laws of any State,
Territory, or District, the court may by order direct that such articles be de-
livered to the owner thereof. The proceedings of such libel cases shall conform,
as near as may be, to the proceedings in admiralty, except that either party may
demand trial by jury of any issue of fact joined in any such case, and all such
proceedings shall be at the suit of and in the name of the United States.
SEC. 11. That the Secretary of the Treasury shall deliver to the Secretary of
Agriculture, upon his request, from time to time, samples of insecticides, paris
greens, lead arsenates, and fungicides which are being imported into the United
States or offered for import, giving notice thereof to the owner or consignee, who
may appear before the Secretary of Agriculture and have the right to introduce
testimony; and if it appear from the examination of such samples that any
insecticide, or paris green, or lead arsenate, or fungicide offered to be imported
into the United States is adulterated or misbranded within the meaning of this
act, or is otherwise dangerous to the health of the people of the United States,
or is of a kind forbidden entry into or forbidden to be sold or restricted in sale
in the country in which it is made or from which it is exported, or is otherwise
falsely labeled in any respect, the said article shall be refused admission, and
the Secretary of the Treasury shall refuse delivery to the consignee and shall
cause the destruction of any goods refii-el delivery which shall not be exported
by the consignee within three months from the date of notice of such refusal
under such regulations as the Secretary of the Treasury may prescribe: Pro-
vided, That the Secretary of the Treasury may deliver to the consignee such
goods pending examination and decision in the matter on execution of a penal




9

bond for the amount of the full invoice value of such goods, duty thereon, and on refusal to return such go'l-d, for any cause to the custody
of the Secretary of the Treasury, when demanded, for the purpose of excluding
them from the country, or for any other purpose, said (c.ri the full amount of the bonds: .1 d provridi d fui/rli r, That all chairt'es for strong',
cartage, and labor on goods which are refused admission or delivery shall be
paid by the owner or cili.igiiI., and in default of such l,.vtnirnit shall constitute
a lien against any future importation made by such owner or cIInIignlPe.
SEC. 12. That the term Territoru," as used in this act, shall include the
District of Alaska and the insular possessions of the United States. The word
"person," as used in this act, shall be construed to import both the plural and
the singular, as the case d'ii:indls, and shall in-'ludc. c'rlrlialiis, companies,
societies, and associations. When construing and enforcing the provisions of
this act, the act, omission, or failure of any oflic.cr, agiiit, or other person acting
for or employed by any corporation, company, society, or association, within the
scope of his em)pliyiniit or office, shall in every case be also deemed to be the
act, omission, or failure of such corporation, company, society, or association,
as well as that of the other person.
SEc. 13. That this act shall be known and referred to as "The Insecticide
Act of 1910."
SEC. 14. That this act shall be in force and effect from and after the first day
of January, nineteen lihundlred and eleven.
Approved, April 26, 1910.


U. S. GOVERNMENT PRINTING OFFiCEs 1941




UNIVERSITY OF FLORIDA
i 1262 0833Illl 1IIII 42
3 1262 08338 142 5


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