than paris

Misbranded" defined. Misbranded insecticides. Others green, etc. § 8. That the term "misbranded," as used herein, shall apply to all secticides, paris greens, lead arsenates, or fungicides or articles which enter into the composition of insecticides or fungicides, the package or abel of which shall bear any statement, design or device regarding such article or the ingredients or substances contained therein which shall be alse or misleading in any particular, and to all insecticides, paris greens, ead arsenates, or fungicides which are falsely branded as to the state, erritory, or country in which they are manufactured or produced. That for the purpose of this act an article shall be deemed to be misranded

In the case of insecticides, paris greens, lead arsenates, and fungicides: first, if it be an imitation or offered for sale under the name of another article; second, if it be labeled or branded so as to deceive or mislead the urchaser, or if the contents of the package as originally put up shall ave been removed in whole or in part and other contents shall have been placed in such package; third, if in package form, and the contents are tated in terms of weight or measure they are not plainly and correctly tated on the outside of the package.

In the ease 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 (exressed as per centum of metallic arsenic) is not stated on the label; econd, if it contains arsenic in any of its combinations or in the elenental form and the amount of arsenic in water-soluble forms (expressed is per centum of metallic arsenic) is not stated on the label; third, if it onsists partially or completely of an inert substance or substances which lo not prevent, destroy, repel or mitigate insects or fungi and does not have the names and percentage amounts of each and every one of such nert ingredients plainly and correctly stated on the label; provided, However, that in lieu of naming and stating the percentage amount of ach and every inert ingredient the producer may at his discretion state lainly upon the label the correct names and percentage amounts of each and every ingredient of the insecticide or fungicide having insecticidal or ungicidal properties, and make no mention of the inert ingredients, exept 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 et when he can establish a guaranty signed by the wholesaler, jobber, nanufacturer, or other party from whom he purchased such articles, to he effect that the same is not adulterated or misbranded within the meaning of this act, designating it. Said guaranty to afford protection hall contain the name and address of the party or parties making the ale of such articles to such dealer, and an itemized statement showing the rticles purchased; or a general guaranty may be filed with the secretary

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 insectici 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 unde 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 constru to mean both the plural and the singular, as the case demands, and sha include corporations, companies, societies and associations. When coi

struing and enforcing the provisions of this act, the act, omission failure of any officer, agent, or other person acting for or employed b any corporation, company, society or association, within the scope of h 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, sol offered, or exposed for sale, within this state, shall be accompanied by plainly printed label, stating the name, brand, and trademark, if any there be, under which the insecticide or fungicide is sold, the name an 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 th materials from which all constituents of the insecticides are derived

All analyses of substances for which methods have been agreed upon b the American association of official agricultural chemists, are to be mad by such official methods. In the case of those insecticides the selling 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 the 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 selling price of which to the consumer is not less than one-half cent (16 cent per pound, shall, before the same is offered for sale, obtain a certificat of registration from the secretary of the board of regents of the Uni versity of California, countersigned by the said university, authorizing the sale of insecticides in this state, and shall securely fix to each let,

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 manufactured 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 accordance 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 University 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 University 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

turer, importer, agent or dealer; but said sample shall be drawn in the presence of said party or parties in interest, or their representatives. In lots of five tons or less, samples shall be drawn from at least ten packages, or, if less than ten packages are present, all shall be sampled; in lots of over five tons, not less than twenty packages shall be sampled. The samples so drawn shall be thoroughly mixed, and from it two equal samples shall be drawn and placed in glass vessels, carefully sealed, and a label placed on each, stating the name or brand of the insecticide or material sampled, the name of the party from whose stock the sample was drawn, and the time and place of drawing; and said label shall also be signed by the said director or his deputy making such inspection, and by the party or parties in interest or their representatives present at the drawing and sealing of said samples. One of said duplicate samples shall be retained by the party whose stock was sampled, and the other by the director of the agricultural experiment station of the University of California.

Publication of results of analyses.

§ 15. The director of the agricultural experiment station of the University of California shall publish in bulletin form, from time to time, at least annually, the results of the analyses, hereinbefore provided with such additional information as circumstances may advise.

Appropriation.

§ 16. There is hereby provided for carrying out the purposes of this act, out of any moneys in the state treasury not otherwise appropriated, the sum of five thousand dollars for each fiscal year hereafter, beginning with the first day of July, 1911.

Persons who may not be interested in sale, etc.

§ 17. All persons charged with the enforcement or execution of any of the provisions of this act shall not directly or indirectly be interested in the sale, manufacture or distribution of any insecticide or fungicide affected by this act.

Disposition of fees.

§ 18. All moneys, whether received from registry and analytical fees or special license fees shall be paid to the secretary of the board of regents of the University of California for the use of said board in carrying out the provisions of this act.

Repealed.

§ 19. An act to prevent fraud in the sale of paris green used as an insecticide, chapter LIII, page 69, Statutes of 1901, is hereby repealed.

§ 20. This act shall take effect and be in force from and after July 1,

1911.

ACT 52.

TITLE 78.
ADVERTISEMENTS.

An act prohibiting the placing or maintaining of signs, mechanical devices, transparencies, pictures or advertisements on or upon property of the state of California, or on or upon property of any city, city and county or county in the state of California, and prohibiting the placing or maintaining of any signs, mechanical devices, transparencies, pictures or advertisements upon property of any person or private corporation without consent in writing therefor having been first obtained, and providing a penalty for the violation of the provisions of this act, and declaring such signs, mechanical devices, transparencies, pictures and advertisements to be a public nuisance.

[Approved April 21, 1911. Stats. 1911, p. 957.]

Unlawful to place signs without permission.

§ 1. It shall be unlawful for any person, persons or corporation to place, eause to be placed or to maintain, or cause to be maintained without lawful permission on or upon any property, either real or personal, belonging to the state of California, or to any city, city and county or county in the state of California, any sign, picture, transparency, advertisement or mechanical device which is used for the purpose of or which does advertise or bring to notice any person or persons or article or artieles of merchandise or any business or profession or anything that is to be or has been sold, bartered or given away.

Consent of owners of property.

§ 2. It shall be unlawful for any person, persons or corporation to place, cause to be placed, maintain, or cause to be maintained on or upon any property, either real or personal, within the state of California, in which said person, persons or corporations have no estate or right of possession, any sign, picture, transparency, advertisement or mechanical device which is used for the purpose of, or which does advertise or bring to notice any person or persons, or article or articles of merchandise or any business or profession or anything that is to be or has been sold, bartered or given away, unless such person, persons or corporation obtain the consent of the owner or owners, lessee or lessees of said property, or person or persons in lawful possession of said property before such sign, picture, transparency, advertisement or mechanical device is placed on or upon said property.

Lawful notices. Road signs.

§ 3. Nothing herein shall be so construed as to prevent the posting of any notice required by law or order of any court, to be posted, nor to prevent the posting or placing of any notice, particularly pertaining to the grounds or premises upon which the same is so posted or placed, or to