(4) if requested by the Secretary, a full description of the tests made and the results thereof upon which the claims are based. b. The Secretary, whenever he deems it necessary for the effective administration of sections 135-135k of this title, may require the submission of the complete formula of the economic poison. If it appears to the Secretary that the composition of the article is such as to warrant the proposed claims for it and if the article and its labeling and other material required to be submitted comply with the requirements of section 135a of this title, he shall register it. c. If it does not appear to the Secretary that the article is such as to warrant the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with the provisions of sections 135-135k of this title, he shall notify the registrant of the manner in which the article, labeling, or other material required to be submitted fail to comply with said sections so as to afford the registrant an opportunity to make the corrections necessary. If, upon receipt of such notice, the registrant insists that such corrections are not necessary and requests in writing that it be registered, the Secretary shall register the article, under protest, and such registration shall be accompanied by a warning, in writing, to the registrant of the apparent failure of the article to comply with the provisions of said sections. In order to protect the public, the Secretary, on his own motion, may at any time, cancel the registration of an economic poison and in lieu thereof issue a registration under protest in accordance with the foregoing procedure. In no event shall registration of an article, whether or not protested, be construed as a defense for the commission of any offense prohibited under section 135a of this title. d. Notwithstanding any other provision of sections 135-135k of this title, registration is not required in the case of an economic poison shipped from one plant to another plant operated by the same person and used solely at such plant as a constituent part to make an economic poison which is registered under said section. e. The Secretary is authorized to cancel the registration of any economic poison at the end of a period of five years following the registration of such economic poison or at the end of any five-year period thereafter, unless the registrant, prior to the expiration of each such five-year period, requests in accordance with regulations issued by the Secretary that such registration be continued in effect. (June 25, 1947, ch. 125, § 4, 61 Stat. 167.) Effective date, see note set out under section 135 of this title. § 135c. Books and records; access and inspection; use in criminal prosecution. For the purposes of enforcing the provisions of sections 135-135k of this title, any manufacturer, distributor, carrier, dealer, or any other person who sells or offers for sale, delivers or offers for delivery, or who receives or holds any economic poison or device subject to said sections, shall, upon request of any employee of the United States Department of Agriculture or any employee of any State, Territory, or political subdivision, duly designated by the Secretary, furnish or permit such person at all reasonable times to have access to, and to copy all records showing the delivery, movement, or holding of such economic poison or device, including the quantity, the date of shipment and receipt, and the name of the consignor and consignee; and in the event of the inability of any person to produce records containing such information, all other records and information relating to such delivery, movement, or holding of the economic poison or device. Notwithstanding this provision, however, the specific evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained. (June 25, 1947, ch. 125, § 5, 61 Stat. 168.) Effective date, see note set out under section 135 of this title. § 135d. Rules and regulations; examination of economic poisons or devices; notification to violators; certification to United States attorney; duty of attorney; publication of judgments.-a. The Secretary (except as otherwise provided in this section) is authorized to make rules and regulations for carrying out the provisions of sections 135135k of this title, including the collection and examination of samples of economic poisons and devices subject to said sections and the determination and establishment of suitable names to be used in the ingredient statement. The Secretary is, in addition, authorized after opportunity for hearing (1) to declare a pest any form of plant or animal life or virus which is injurious to plants, man, domestic animals, articles, or substances; (2) to determine economic poisons, and quantities of substances contained in economic poisons, which are highly toxic to man; and (3) to determine standards of coloring or discoloring for economic poisons, and to subject economic poisons to the requirements of section 135a (a) (4) of this title. b. The Secretary of the Treasury and the Secretary of Agriculture shall jointly prescribe regulations for the enforcement of section 135h of this title. c. The examination of economic poisons or devices shall be made in the United States Department of Agriculture or elsewhere as the Secretary may designate for the purpose of determining from such examination whether they comply with the requirements of sections 135135k of this title, and if it shall appear from any such examination that they fail to comply with the requirements of said sections, the Secretary shall cause notice to be given to the person against whom criminal proceedings are contemplated. Any person so notified shall be given an opportunity to present his views, either orally or in writing, with regard to such contemplated proceedings, and if in the opinion of the Secretary it appears that the provisions of said sections have been violated by such person, then the Secretary shall certify the facts to the proper United States attorney, with a copy of the results of the analysis or the examination of such article: Provided, That nothing in said sections shall be construed as requiring the Secretary to report for prosecution or for the institution of libel proceedings minor violations of said sections whenever he believes that the public interest will be adequately served by a suitable written notice of warning. d. It shall be the duty of each United States attorney, to whom the Secretary or his agents shall report any violation of sections 135-135k of this title, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States without delay. e. The Secretary shall, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of sections 135-135k of this title. (June 25, 1947, ch. 125, § 6, 61 Stat. 168.) Effective date, see note set out under section 135 of this title. § 135e. Exemptions from penalties.-a. The penalties provided for a violation of section 135a (a) of this title shall not apply to (1) any person who establishes a guaranty signed by, and containing the name and address of, the registrant or person residing in the United States from whom he purchased and received in good faith the article in the same unbroken package, to the effect that the article was lawfully registered at the time of sale and delivery to him, and that it complies with the other requirements of sections 135-135k of this title, designating said sections. In such case the guarantor shall be subject to the penalties which would otherwise attach to the person holding the guaranty under the provisions of said sections; (2) any carrier while lawfully engaged in transporting an economic poison or device if such carrier upon request by a person duly designated by the Secretary shall permit such person to copy all records showing the transactions in and movements of the articles; (3) to public officials while engaged in the performance of their official duties; (4) to the manufacturer or shipper of an economic poison for experimental use only by or under the supervision of any Federal or State agency authorized by law to conduct research in the field of economic poisons; or by others if a permit has been obtained before shipment in accordance with regulations promulgated by the Secretary. (June 25, 1947, ch. 125, ch. § 7, 61 Stat. 169.) Section was enacted with a subsec. (a) but without a subsec. (b). § 135f. Penalties.-a. Any person violating section 135a (a) (1) of this title shall be guilty of a misdemeanor and shall on conviction be fined not more than $1,000. b. Any person violating any provision other than section 135a (a) (1) of this title shall be guilty of a misdemeanor and shall upon conviction be fined not more than $500 for the first offense, and on conviction for each subsequent offense be fined not more than $1,000 or imprisoned for not more than one year, or both such fine and imprisonment: Provided, That an offense committed more than five years after the last previous conviction shall be considered a first offense: And provided further, That in any case where a registrant was issued a warning by the Secretary pursuant to the provisions of section 135b (c) of this title, he shall in each instance upon conviction for an offense concerning which he had been so warned, be fined not more than $1,000 or imprisoned for not more than one year, or both such fine and imprisonment; and the registration of the article with reference to which the violation occurred shall terminate automatically. An article the registration of which has been terminated may not again be registered unless the article, its labeling, and other material required to be submitted appear to the Secretary to comply with all the requirements of sections 135-135k of this title. c. Notwithstanding any other provision of this section, in case any person, with intent to defraud, uses or reveals information relative to formulas of products acquired under the authority of section 135b of this title, he shall be fined not more than $10,000 or imprisoned for not more than three years, or both such fine and imprisonment. d. When construing and enforcing the provisions of sections 135135k of this title, the act, omission, or failure, of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of such person as well as that of the person employed. (June 25, 1947, ch. 125, § 8, 61 Stat. 170.) Effective date.-Section 15 of Act June 25, 1947, cited to text, provided: "All provisions of this Act [sections 135-135k of this title], except section 3 [section 135a of this title], 'Prohibited Acts'; section 8 [section 135f of this title], 'Penalties'; section 9 [section 135g of this title], 'Seizures'; and section 10 [section 135h of this title], 'Imports', shall take effect upon enactment [June 25, 1947], and sections 3, 8. 9, and 10 of this Act [sections 135a and 135f-135h of this title] shall take effect as follows: (1) As to devices, upon enactment [June 25, 1947]; (2) as to rodenticides and herbicides, six months after enactment [June 25, 1947]; and (3) as to insecticides, fungicides, and all other economic poisons, one year after enactment [June 25, 1947]: Provided, That the Secretary, upon application, may at any time within one year after sections 3, 8, 9, and 10 of this Act [sections 135a and 135f-135h of this title] become applicable to devices, rodenticides and herbicides, and insecticides, fungicides, and other economic poisons, respectively, if he determines that such action will not be unduly detrimental to the public interest, and is necessary to avoid hardship, exempt, under such terms and conditions as he may prescribe, any economic poison from the provisions of this Act [sections 135-135k of this title] if such economic poison was labeled, shipped, and delivered by the manufac turer thereof prior to the time the sections of this Act [said sections] referred to above become applicable to such economic poison and in case the economic poison is an insecticide or fungicide if its sale, delivery, or shipment has not been and will not be in violation of the provisions of the Insecticide Act of 1910 [sections 121–134 of this title]." § 135g. Seizures; disposition; costs against claimant.—a. Any economic poison or device that is being transported from one State, Territory, or District to another, or, having been transported, remains unsold or in original unbroken packages, or that is sold or offered for sale in the District of Columbia or any Territory, or that is imported from a foreign country, shall be liable to be proceeded against in any district court of the United States in the district where it is found and seized for confiscation by a process of libel for condemnation (1) in the case of an economic poison (a) if it is adulterated or misbranded; (b) if it has not been registered pursuant to the provisions of section 135b of this title; (c) if it fails to bear on its label the information required by sections 135-135k of this title; or (d) if it is a white powder economic poison and is not colored as required under said sections; or (2) in the case of a device if it is misbranded. b. If the article is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the legal costs, shall be paid into the Treasury of the United States, but the article shall not be sold contrary to the provisions of sections 135-135k of this title or of the laws of the juris diction in which it is sold: Provided, That upon the payment of the costs of the libel proceedings and the execution and delivery of a good and sufficient bond conditioned that the article shall not be sold or otherwise disposed of contrary to the provisions of said sections or the laws of any State, Territory, or District in which sold, the court may direct that such articles be delivered 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 case, and all such proceedings shall be at the suit of and in the name of the United States. c. When a decree of condemnation is entered against the article, court costs and fees, storage, and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article. (June 25, 1947, ch. 125, § 9, 61 Stat. 170.) Effective date.-Section 15 of Act June 25, 1947, cited to text, provided: "All provisions of this Act [sections 135-135k of this title], except section 3 [section 135a of this title], 'Prohibited Acts'; section 8 [section 135 of this title], 'Penalties'; section 9 [section 135g of this title], 'Seizures'; and section 10 [section 135h of this title], 'Imports', shall take effect upon enactment [June 25, 1947], and sections 3, 8, 9, and 10 of this Act [sections 135a and 135f-135h of this title] shall take effect as follows: (1) As to devices, upon enactment [June 25, 1947]; (2) as to rodenticides and herbicides, six months after enactment [June 25, 1947]; and (3) as to insecticides, fungicides, and all other economic poisons, one year after enactment [June 25, 1947]: Provided, That the Secretary, upon application, may at any time within one year after sections 3, 8, 9, and 10 of this Act [sections 135a and 135f-135h of this title] become applicable to devices, rodenticides and herbicides, and insecticides, fungicides, and other economic poisons, respectively, if he determines that such action will not be unduly detrimental to the public interest, and is necessary to avoid hardship, exempt, under such terms and conditions as he may prescribe, any economic poison from the provisions of this Act [sections 135-135k of this title] if such economic poison was labeled, shipped, and delivered by the manufac turer thereof prior to the time the sections of this Act [said sections] referred to above become applicable to such economic poison and in case the economic poison is an insecticide or fungicide if its sale, delivery, or shipment has not been and will not be in volation of the provisions of the Insecticide Act of 1910 [sections 121-134 of this title]."' § 135h. Imports; prohibition against delivery; penal bonds; imposition of costs; liens.-The Secretary of the Treasury shall notify the Secretary of Agriculture of the arrival of economic poisons and devices offered for importation and shall deliver to the Secretary of Agriculture, upon his request, samples of economic poisons or devices which are being imported or offered for import into the United States, giving notice to the owner or consignee, who may appear before the Secretary of Agriculture and have the right to introduce testimony. If it appears from the examination of a sample that it is adulterated, or misbranded or otherwise violates the prohibitions set forth in sections 135-135k of this title, 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, the said article may be refused admission, and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any goods refused delivery which shall not be exported by the consignee within three months from the date of notice of such refusal under such |