Page:United States Statutes at Large Volume 44 Part 1.djvu/110

§ 125|TITLE 7. AGRICULTURE|96}} for or employed by any corporation, company, society, or association, within the scope of his employment 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. (Apr. 23, 1910, c. 191, § 12, 36 Stat. 335.)

123. Manufacture of adulterated or misbranded articles prohibited; punishment.—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 chap ter; 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 $200 for the first offense, and upon conviction for each subsequent offense be fined not to exceed $300, or sentenced to imprisonment for not to exceed one year, or both such fine and imprisonment, in the discretion of the court. (Apr. 26, 1910, c. 191, § 1, 36 Stat. 331.)

126. Transportation or sale of adulterated or misbranded articles prohibited; punishment; exception; articles for export.—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 misbranded within the meaning of this chapter 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 a 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 Columbia, 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 80 adulterated or misbranded within the meaning of this chapter, 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 $200 for the first offense, and upon conviction for each subsequent offense not exceeding $300, 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 chapter 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 articles 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 chapter. (Apr. 20, 1910, c. 191. § 2, 36 Stat. 331.)

127. General rules and regulations; collection and examina- tion of specimens.-The Secretary of the Treasury, the Secre- tary of Agriculture, and the Secretary of Commerce shall make uniform rules and regulations for carrying out the provisions of this chapter, including the collection and exami- nation of specimens of insecticides, Paris greens, lead arsenates, and fungicides manufactured or offered for sale in the Dis- trict 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 respec- tively manufactured or produced, or which shall be received from any foreign, country or intended for shipment to any foreign 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 country. (Apr. 26, 1910, c. 191, § Stat. 331.)

128. Examinations of specimens; notice to interested party— and hearing; certification to district attorney; publication. The examination of specimens of insecticides, Paris greens, lead arsenates, and fungicides shall be made in the Department of Agriculture, by such bureau or bureaus as may be directed by the Secretary, for the purpose of determining from such examination whether such articles are adulterated or mis-branded within the meaning of this chapter; and if it shall appear from any such examination that any of such specimens are adulterated or misbranded within the meaning of this chapter, 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 chapter 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 making such examination, under the oath of such officer. After judgment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid. (Apr. 20, 1910, c. 191, § 4, 36 Stat. 332)

129. District attorney to prosecute violations.—It shall i the duty of each district attorney to whom the Secretary of Agriculture shall report any violation of this chapter, 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 violation, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the penalties as provided in this chapter. (Apr. 26, 1910, c. 191, § 5, 36 Stat. 332.)

130. When articles deemed adulterated.—For the purpose of this chapter an article shall be deemed to be adulterated—

Parcis green. In the case of Paris green: First, if it does not contain at least 50 per centum of arsenious oxide; second, if it contains arsenic in water-soluble forms equivalent to more than 3% 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.

Lead arsenate. In the case of lead arsenate: First, if it contains more than 50 per centum of water; second, if it con- tains total arsenic equivalent to less than 12½ per centum of arsenic oxid (As,O.); third, if it contains arsenic in water- soluble forms equivalent to more than 0.75 per centum of arsenic oxid (As.0.); 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.

Other insecticides or fungicides.-In the case of insecticides or fungicides, other than Paris green and lead arsenate: First, if its strength or purlty 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