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place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession or the District of Columbia. (Mar. 3, 1923, ch. 217, S 2, 42 Stat. 1435.
$ 93. Establishment of official naval stores standards. For the purposes of this chapter the kinds of spirits of turpentine defined in subdivisions (c), (e) and (f) of section 92 of this title and the rosin types, prepared, prior to March 3, 1923, and recommended under existing laws, by or under authority of the Secretary of Agriculture, are hereby made the standards for naval stores until otherwise prescribed as hereinafter provided. The Secretary of Agriculture is authorized to establish and promulgate standards for naval stores for which no standards are herein provided, after at least three months' notice of the proposed standard shall have been given to the trade, so far as practicable, and due hearings or reasonable opportunities to be heard shall have been afforded those favoring or opposing the same. No such standard shall become effective until after three months from the date of the promulgation thereof. Any standard made by this chapter or established and promulgated by the Secretary of Agriculture in accordance therewith may be modified by said Secretary whenever, for reasons and causes deemed by him sufficient, the interests of the trade shall so require, after at least six months' notice of the proposed modifications shall have been given to the trade, so far as practicable, and due hearings or reasonable opportunities to be heard shall have been afforded those favoring or opposing the same; and no such modifications so made shall become effective until after 6 months from the date when made.
The various grades of rosin, from highest to lowest, shall be designated, unless and until changed, as hereinbefore provided, by the following letters, respectively: X, WW, WG, N, M, K, I, H, G, F. E. D, and B, together with the designation "gum rosin" or "wood rosin”, as the case may be.
The standards herein made and authorized to be made shall be known as the “Official Naval Stores Standards of the United States," and may be referred to by the abbreviated expression “United States Standards”, and shall be the standards by which all naval stores in commerce shall be graded and described. (Mar. 3, 1923, ch. 217, § 3, 42 Stat. 1435.)
§ 94. Supplying duplicates of standards; examination, etc., of naval stores and certification thereof.—The Secretary of Agriculture shall provide, if practicable, any interested persons with duplicates of the official naval stores standards of the United States upon request accompanied by tender of satisfactory security for the return thereof, under such regulations as he may prescribe. The Secretary of Agriculture shall examine, if practicable, upon request of any interested person, any naval stores and shall analyze, classify, or grade the same on tender of the cost thereof as required by him, under such regulations as he may prescribe. He shall furnish a certificate showing the analysis, classification, or grade of such naval stores, which certificate
shall be prima facie evidence of the analysis, classification, or grade of such naval stores and of the contents of any package from which the same may have been taken, as well as of the correctness of such analysis, classification, or grade and shall be admissible as such in any court. (Mar. 3, 1923, ch. 217, § 4, 42 Stat. 1436.)
8 95. Prohibition of acts deemed injurious to commerce in naval stores.—The following acts are hereby declared injurious to commerce in naval stores and are hereby prohibited and made unlawful:
(a) The sale in commerce of any naval stores, or of anything offered as such, except under or by reference to United States Standards.
(b) The sale of any naval stores under or by reference to United States standards which is other than what it is represented to be.
(c) The use in commerce of the word "turpentine" or the word “rosin,” singly or with any other word or words, or of any compound, derivative, or imitation of either such word, or of any misleading word, or of any word, combination of words, letter, or combination of letters, provided herein or by the Secretary of Agriculture to be used to designate naval stores of any kind or grade, in selling, offering for sale, advertising, or shipping anything other than naval stores of the United States standards.
(d) The use in commerce of any false, misleading, or deceitful means or practice in the sale of naval stores or of anything offered as such. (Mar. 3, 1923, ch. 217, § 5, 42 Stat. 1436.)
§ 96. Punishment for violation of prohibition.—Any person willfully violating any provision of section 95 of this title shall, on conviction, be punished for each offense by a fine not exceeding $5,000 or by imprisonment for not exceeding one year, or both. (Mar. 3, 1923, ch. 217, § 6, 42 Stat. 1436.)
§ 97. Purchase and analysis by Secretary of samples of spirits of turpentine to detect violations; reports to Department of Justice; publication of results of analysis, etc.—The Secretary of Agriculture is hereby authorized to purchase from time to time in open market samples of spirits of turpentine and of any. thing offered for sale as such for the purpose of analysis, classification, or grading and of detecting any violation of this chapter. He shall report to the Department of Justice for appropriate action any violation of this chapter coming to his knowledge. He is also authorized to publish from time to time results of any analysis, classification, or grading of spirits of turpentine and of anything offered for sale as such made by him under any provision of this chapter. (Mar. 3, 1923, ch. 217, § 7, 42 Stat. 1436.)
8 98. Appropriation for and expenses in enforcement of chapter.—There are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for the administration and enforcement of this chapter, and within the limits of such sums the Secretary
of Agriculture is authorized to employ such persons and means and make such expenditures for printing, telegrams, telephones, books of reference, periodicals, furniture, stationery, office equipment, travel and supplies, and all other expenses as shall be necessary in the District of Columbia and elsewhere. (Mar. 3, 1923, ch. 217, § 8, 42 Stat. 1436.)
8 99. Effect of partial invalidity of chapter.-If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby. (Mar 3, 1923, ch. 217, § 9, 42 Stat. 1437.)
Chapter 5.--IMPORTATION OF ADULTERATED SEEDS ACT 88 111-116. Repealed. August 9, 1939, ch. 615, $ 419, 53 Stat. 1290.
Sections, acts August 24, 1912, ch. 382, $$ 1-6, 44 Stat. 325; August 11, 1916, ch. 313, 39 Stat. 453; April 26, 1926, ch. 186, SS 1, 2, 44 Stat. 325, were repealed by section 1609 of this title, effective on the one hundred and eightieth day after August 9, 1939; except that notices with respect to imported alfalfa and red clover seed promulgated by the Secretary of Agriculture under authority of these sections, which were in effect August 19, 1939, remained in full force and effect as if promulgated under sections 15511610 of this title.
Chapter 6.-INSECTICIDES ACT
INVESTIGATION Insecticide and fungicide investigation was transferred from Bureau of Chemistry and Soils to Bureau of Entomology and Plant Quarantine. See act May 17, 1935, ch. 131, 49 Stat. 268.
TRANSFER OF FUNCTIONS The Food and Drug Administration in the Department of Agriculture and its functions, except those functions relating to the administration of the Insecticide Act of 1910, sections 121-134 of this title, were transferred to the Federal Security Agency by Reorg. Plan No. IV, § 12, set out in notes to section 133t of Title 5, Executive Departments and Government Officers and Employees.
121. Short title of chapter. This chapter shall be known and referred to as “The Insecticide Act”. (Apr. 26, 1910, ch. 191, $ 13, 36 Stat. 335.)
8 122. Definitions generally; "insecticide”; “Paris green”; "lead arsenate"; "fungicide." -The term "insecticide" as used in this chapter shall include any substance or mixture of substances intended to be used for preventing, destroying, repelling, or mitigating 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 chapter 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 chapter shall include the product or products sold in commerce as lead arsenate and consisting chemically of products derived from arsenic acid (H,AsO.) by replacing one or more hydrogen atoms by lead. The term “fungicide” as used in this chapter shall include any substance or mixture of substances in
tended to be used for preventing, destroying, repelling, or mitigating any and all fungi that may infest vegetation or be present in any environment whatsoever. (Apr. 26, 1910, ch. 191, § 6, 36 Stat. 332.)
§ 123. “Territory”; “person”; defined.—The term “Territory”, as used in this chapter, shall include the Territory of Alaska and the insular possessions of the United States. The word “person”, as used in this chapter, shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies, and associations. (Apr. 26, 1910, ch. 191, § 12, 36 Stat. 335; Aug. 24, 1912, ch, 387, § 1, 37 Stat. 512.)
§ 124. Liability of principal for act of agent.—When construing and enforcing the provisions of this chapter, the act, omission, or failure of any officer, agent, or other person acting 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. 26, 1910, ch. 191, § 12, 36 Stat. 335.)
8 125. 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 chapter; 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, ch. 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 so 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. 26, 1910, ch. 191, $ 2, 36 Stat. 331.)
§ 127. General rules and regulations; collection and examination of specimens.—The Secretary of the Treasury, the Secretary 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 examination 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 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, ch. 191, § 3, 36 Stat. 331; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736.)
$ 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 Food and Drug Administration or in such other branches of the Department of Agriculture as the Secretary of Agriculture may direct for the purpose of determining from such examination whether such articles are adulterated or misbranded 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