Page:United States Statutes at Large Volume 36 Part 1.djvu/356

 332 SIXTY-FIRST CONGRESS. Sms. II. Ch. 191. 1910. for sale in the District of Columbia or in any Territory of the United States, or which shall be offered for sale rn unbroken packages m any State other than that in which they shall have been resfpgctryely manufactured or produced, or which shall be received m any forei country or intended for shipment to any foreign country, or whichnmay 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 country. _ _ _ _ _ M§,$;•é;*§{)§°g:g:Qu€ Sec. 4. That the examination of specimens of insecticides, Paris me. . greens, lead arsenates, and fungicides shall be made m the Department of Agriculture, by such existing bureau or bureaus as may be directed by the Secretary, for the purpose of determining from such examination whether such articles are adulterated or misbranded N°“°° ” •**°‘°¤'· within the mea of this Act; and if it shall appear from any such ated etc. . mng . · ' examination that any of such specimens are adulterated or misbranded within the meaning of this Act, the Secretary of Agnculture shall cause notice thereof to be given to the (party from w om such ummm sample was obtained. A.n(y party; so notiiie shall  given an op; portunity to be heard, un er suc rules and regulations as may prescribed as aforesaid, and if it appears that any of the provisions of this Act have been violated by such arty, then the Secretary of Agriculture shall at once certify. the facts to the proper United States district attorney, with a co y of the results of the analysis or the examination of such article dully authenticated by the analyst or officer making such examination, under the oath of such officer. mtixmaeu. After judgment of the court, notice shall be given by publication in srgch manner as may be prescribed by the rules and regulations a oresaid. laggg-*:¢¤*i¤¤¤*°*'i° Sec. 5. That it shall be the duty of each district attorney to whom ` the Secretary of Agriculture shall report any violation of this Act, or to whom any director of experiment station or agent of any State, Territory, or the District of Columbia, under authority of the Secretary of Agriculture, shall present satisfactory evidences of any such vio ation, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States, without delay, or the enforcement o the penalties as in such case herein provided. §g:;{}:ggge,, Sec. 6. That the term ‘_‘insecticide" as used in this Act shall ` ' include any substance or mixture of substances intended to be used for preventing, destroying, repelling, or miti ating any insects which may infest vegetation, man or other animass, or households, or be ··1»mn;»·ee¤.·* 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. "'·¢¤d**m‘¤***¤-" The term "lcad 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 (H3AsO_,) by replac- "F¤¤g*¢id¤-" ing one or more hydrogen atoms by lead. That the term "fungicide " as used in this Act s 1all include any substance or mixture of substances intended to be used for preventing, destroying, re lling, or _ mitigating any and all fungi that may infest vegetation or bg present in any environment whatsoever. I Auunemeu umcie. Sac, 7. That for the purpose of this Act an article shall be deemed to be adulterated-— Parisgreen. 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—ha1f per centum of arsenious oxide; third, if any substance has been mixed