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of a misdemeanor, and for such offense be fined not exceeding two hunCred dollars for the first offense, and upon conviction for each subsequent ofense not exceeding three hundred dollars, or to be imprisoned not exceeding one year, or both, in the discretion of the court; provided, that 20 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 provisions of this act. Examination of specimens.

§ 3. The examination of specimens of insecticides, paris greens, lead arsenates and fungicides shall be made by the director of the agricultural experiment station of the University of California in person or by deputy, for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this iet; and if it shall appear from any such examination that any of such peeimens are adulterated or misbranded within the meaning of this ret, tbe said direetor sball cause notice thereof to be given to the party rom whom such sample. was obtained. Any party so notified shall be riven an opportunity to be heard under the rules and regulations adopted by the United States government for the enforcement of the national nsecticide act of 1910, and if it appears that any of the provisions of his aet have been violated by such party, then the said director shall it onee certify the facts to the proper district attorney, with a copy of he results of the analysis or the examination of such article duly athenticated by the analyst or officer making such examination, under ne oath of such officer. After judgment of the court, notice shall be riven by publication in such manner as the said director may determine. Juty of district attorney to prosecute.

§ 4. That it shall be the duty of each district attorney to whom the aid director shall report any violation of this act or present satisfactory tidences of any such violation, to cause appropriate proceedings to be (mmenced and prosecuted in the proper courts of the state of California ithout delay, for the enforcement of the penalties as in such case erein provided. vidence of proper analysis.

$ 5. In any action, civil or criminal, in any court in this state, a ertificate, under the head of said director, and the seal of said univerty, stating the results of any analysis purporting to have been made ader the provisions of this act, shall be prima facie evidence of the fact iat the sample or samples mentioned in said analysis or certificate were ruperly analyzed as in this act provided; that the substances analyzed intained the component parts stated in such certificate and analysis; and that the samples were taken from the parcels or packages or lot mentioned or described in said certificate.

Definitions: “Insecticide.” Paris green. "Lead arsenate.” “Fungicide

§ 6. That the term "insecticide" as used in this act shall include an substance or mixture of substances intended to be used for preventin destroying, repelling or mitigating any insects which may infest vege: tion, man or other animals, or households, or be present in any enviro ment whatsoever. The term paris green as used in this act shall inclui the product sold in commerce as paris green and chemically known as thi aceto-arsenite of copper. The term "lead arsenate” as used in this a. shall include the product or products sold in commerce as lead arsena: and consisting chemically of products derived from arsenic acid (H ASO,) by replacing one or more hydrogen atoms by lead. That the teris "fungicide” as used in this act shall include any substance or mixture o substances intended to be used for preventing, destroying, repelling, o mitigating any and all fungi that may infest vegetation or be present in any environment whatsoever. Adulterated paris green. Adulterated lead arsenic. Other insecticides

§ 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 centom of arsenious oxide; third, if any substance has been mixed and paeker 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 (As.Os); third, if it contains arsenic in water-soluble forms equivalent to myte than seventy-five one hundredths per centum of arsenic oxide (As.0.): fourth, if any substances have been mixed and packed with it so as reduce, lower, or injuriously affect its quality or strength; provided however, that extra water may be added to lead arsenate (as deseribed 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 profess* standard or quality under which it is sold; second, if any substance be 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

get on and shall contain any substan or substances wliich, although preventing, destroying, repelling, gating insects, shall be injurious to such vegetation when used.

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"Misbranded" defined Misbranded insecticides. Others than paris

green, etc. § & That the term "misbranded," as used herein, shall apply to all issecticides, paris greens, lead arsenates, or fungicides or articles which eater 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 ingredients or substances contained therein which shall be false or misleading in any particular, and to all insecticides, paris greens, lead arsenates, or fungicides 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: Pirst

, if it be an imitation or offered for sale under the name of another artiele; second, if it be labeled or branded so as to deceive or mislead the puretaser, 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 sueh 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, repes or mitigate insects or fungi and does not bave 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. Dealer not to be prosecuted when he can show wholesaler's guaranty.

$ 9. That no dealer shall be prosecuted under the provisions of this aet when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party from whom he purchased such articles, tó 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 an itemized statement showing the articles purehased; or a general guaranty may be filed with the secretary

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of the United States department of agriculture by the manufacture wholesaler, jobber or other party in the United States and be given serial number, which number shall appear on every package of insectiei or fungicide sold under such guaranty with the words "guaranteed by (the name of the guarantor) under the insecticide act of 1910; and such case said party or parties shall be amenable to the prosecutions, fine and other penalties which would attach in due course to the dealer anu the provisions of this act. “Person” defined. Act of agent deemed act of corporation.

§ 10. That the word "person" as used in this act shall be construe to mean both the plural and the singular, as the case demands, and sha include corporations, companies, societies and associations. When eu struing and enforcing the provisions of this act, the act, omission failure of any officer, agent, or other person acting for or employed any corporation, company, society or association, within the scope of employment or office, shall in every case be also deemed to be the ac omission, or failure of such corporation, company, society, or association as well as that of the other person. Conditions governing sale.

§ 11. Every lot, parcel, or package of commercial insecticides or fung cides or materials to be used for fungicidal or insecticidal purposes, soi offered, or exposed for sale, within this state, shall be accompanied by plainly printed label, stating the name, brand, and trademark, if an there be, under which the insecticide or fungicide is sold, the name ar address of the manufacturer, importer, or dealer, the place of manufa ture, and a chemical analysis, stating the percentages claimed to b therein, of the substance or substances alleged to have insecticidal prop erties, specifying the form or forms in which each is present, and ti

materials from which all constituents of the insecticides are derived ! All analyses of substances for which methods have been agreed upon hi the American association of official agricultural chemists, are to be ma by such official methods. In the case of those insecticides the sellin. price of which is less than one-half cent per pound, said label need on) give a correct general statement of the nature and composition of t1 insecticide it accompanies. Manufacturers selling insecticide at price of not less than one-half cent

per pound to register. § 12. The manufacturer, importer, agent of, or dealer in any com mercial insecticide, or materials used for insecticidal purposes, the sellin: price of which to the consumer is not less than one-half cent (49 cent per pounil, shall, before the same is offered for sale, obtain a certificate of registration from the secretary of the board of regents of the Uni versity of California, countersigned by the said university, authorizira the sale of insecticides in this state, and shall securely fix to each lei, parcel, or package of insecticide the word “registered" with the number of registry. The manufacturer, importer, agent, or dealer obtaining such registry shall pay to the said secretary the sum of one ($1.00) dollar, to be applied as provided in section 18 of this act; such registration shall expire on the thirtieth day of June of the fiscal year for which it was given; provided, the provisions of this section shall not apply to any agent whose principals shall have obtained a certificate of registration as herein provided. Every such manufacturer, importer, agent, or dealer, who makes or sells, or offers for sale, any such substances, under a name or brand, shall file, on or before the first day of July in each year, a statement under oath, with the director of the agricultural experiment station of the University of California, stating such name or brand, and stating the component parts, in accordance with the provisions of section 11 of this act, of the substances to be sold or offered for sale, or manu. factured under each such name or brand. Analyses of samples.

§ 13. The said director shall annually, on or before the first day of September, take samples in accordarce with the provisions of section 14 hereof, of the substance made, sold, or offered for sale under every such tame or brand, and cause analyses to be made thereof in accordance with the provisions of section 11 hereof, and said analyses may include such other determinations as said director may at any time deem advisable. Dealers in or manufacturers of insecticides must give free access to the director of the agricultural experiment station or his duly authorized deputy, to all the materials which they may place on the market for sale in California. Whenever the analysis certified by the said director shall show a deficiency of not more than five per cent of the substance alleged to have insecticidal properties, the statement of the manufacturer or importer as required in section 11 of this act, shall not be deemed to be false in the meaning of this act; provided, that this act shall not apply to sales of insecticidal materials made to a registered manufacturer of insecticides or to sales for export outside of this state; provided, further, that the said director of the agricultural experiment station of the Uni. versity of California shall, upon the receipt of a sample of insecticide, accompanied with a nominal fee of one dollar furnish to the user of said commercial insecticide such examination or analysis of the sample as will substantially establish the conformity or nonconformity of the said insecticide to the guarantee under which it was sold. Taking of samples.

$ 14. The director of the agricultural experiment station of the Uni. versity of California, in person or by deputy, is hereby authorized to take a sample, not exceeding two pounds in weight, for analysis by the said director or his deputies, from any lot, parcel or package of insecticide or fungicide, or material, or mixture of materials used for insecticidal or fungicidal purposes, which may be in the possession of any manufac

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