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Consideration was given to a scheme of a fertilizer company in marketing an alleged plant food or fertilizer with a view, if warranted, to the revocation of the company's license under the act.

FOOD PRODUCTION ACT.

[40 Stat., 273.]

Assistance through conferences and opinions was given to the officers of the department engaged in the purchase and sale of seed to farmers.

The so-called food products inspection law consists of provisions included in the food production act for inspections by agents of the Secretary of Agriculture of fruits, vegetables, and other food products under certain conditions.

Assistance was furnished the Bureau of Markets in putting the law into operation, including the preparation of regulations, forms of application and certificate, instructions to inspectors, and service and regulatory announcements containing information relative to the law and the regulations. A revision of existing regulations was made anticipatory of the enactment of certain modifications of the law contained in the bill making appropriations for the Department of Agriculture for the fiscal year 1919.

Aid was furnished in the preparation of 18 schedules for food surveys, together with incidental orders, under section 2 of the act.

MISCELLANEOUS WORK FOR THE BUREAU OF MARKETS.

One hundred and twenty-five miscellaneous letters or memoranda, involving legal questions relating to the work of the Bureau of Markets, in addition to those specifically mentioned elsewhere in this report, were prepared, approved, or revised. Fifteen news items and manuscripts or proofs of 14 bulletins issued by the department were reviewed.

A form of general agreement for the conduct of cooperative work between State agencies and the department relative to marketing activities, and a form of contract for use between cooperative associations of farmers and their members were prepared.

Assistance was given in the drafting of specifications of commercial grades for white potatoes, sweet potatoes, strawberries, Bermuda onions, and tomatoes, and in the consideration of grades for cotton seed and butter.

GENERAL STATUTES.

At the close of the previous year there were pending 7 cases of violations of the general criminal laws of the United States reported to the Attorney General. During the present year 4 such cases were reported to the Attorney General. Of the cases reported this year and coming over from previous years, 3 were disposed of by conviction and the imposition of fines of $100 each. At the close of the year 8 cases were pending either in the courts or in the Department of Justice.

PATENTS.

Forty-nine applications for letters patent on inventions of employees of the department for dedication to the public were prepared

and filed, an increase of 2 cases over the preceding year. During the year 34 were allowed and 3 disallowed.

The following table shows the status of applications on June 30, 1918:

Applicant.

Patents applied for by members of the department.

Bureau.

Invention.

Frank F. Chase...
Marion Dorset and
Howard J. Shore.
Herbert C. Gore.
John F. Barghausen..
George A. Olson....

Chas. S. Reeves, Pro-
vost Hubbard, and
Richard H. Lewis.
Peter A. Yoder..
John H. Clack.
Ralph B. Adams.
John F. Barghausen..
Otto Kress and Sid-
ney D. Wells.
Wm. F. Oglesby...

Kan Smith..

Wm. R. Ross, Albert
R. Merz, and John
N. Carothers.
Harry D. Gibbs and
Geo. A. Geiger.
Albert R. Merz, Wm.
R. Ross, and John N.
Carothers.

Frederick H. Colburn.
Wm. B. Osborne, jr..

James E. Imrie..
Albert R. Merz and
Wm. R. Ross.
Harry D. Gibbs..

Robert E. Prince and
Otto Kress.
Marion Dorset and
Robert R. Henley.
Robert C. Palmer.....

Do...

John R. Carothersand
Wm. R. Ross.
Logan Waller Page...

Harry D. Gibbs and
Courtney Conover.
Edmund B. McCor-
mick.
Clyde H. Teesdale
and Robert E
Prince.

Wm. V. Cruess.

Clyde H. Teesdale...

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and

Process for preparing waterproof pav- Pending in intering material.

ference.

Sirup evaporator.

Allowed.

Pack frame..

Pending.

Portable telephone.

Do.

Machine for gathering crimson clover..
Process of cooking wood pulp...

Allowed.

Do.

Device for clipping olives and other
fruit pits.

Do.

Compass altimeter.

Do.

Process for the manufacture of a con-
centrated fertilizer.

Do

Process of manufacturing chlorine
compounds.

Do.

Pending.

Allowed.

Pending.

[blocks in formation]

Patents applied for by members of the department-Continued.

[blocks in formation]

Patents applied for by members of the department--Continued.

[blocks in formation]

Interferences were declared by the Patent Office between the applications for letters patent of three employees of this department and applications filed by outside parties. One case involved a process for preparing waterproof paving material; another a process of treating wood; and the third a method of manufacturing decolorizing carbon. In two of these cases testimony was taken and the cases otherwise prepared for final hearing. Much time and effort were spent in their preparation.

In one of the interference cases between the application of a department employee and that of an outside party, a decision unfavorable to the department employee was rendered by the examiner of interferences in the Patent Office. An appeal from this decision was taken and the case was argued before the examiners in chief, who reversed the decision of the primary examiner and rendered a decision favorable to the department employee. From this decision an appeal was taken by the losing party and the Commissioner of Patents after a hearing upon the appeal sustained the decision of the examiners in chief.

PUBLICATIONS OF THE OFFICE.

Three circulars were issued, containing the decision of the Supreme Court of the United States in Weeks v. United States, involving questions of practice and procedure in criminal cases under the food and drugs act; decision of the circuit court of appeals for the seventh circuit, in Union Dairy Co. v. United States, involving construction of the food and drugs act; and decision of the Supreme Court of the United States in United States v. Schider, also involving construction of that act. These circulars were published as Nos. 89, 90, and 91, respectively.

REPORT OF THE INSECTICIDE AND FUNGICIDE BOARD.

UNITED STATES DEPARTMENT OF AGRICULTURE,

INSECTICIDE AND FUNGICIDE BOARD, Washington, D. C., October 9, 1918. SIR: I have the honor to submit herewith a report on the work of the Insecticide and Fungicide Board for the fiscal year ended June 30, 1918.

Respectfully,

J. K. HAYWOOD,
Chairman of Board.

Hon. D. F. HOUSTON,

Secretary of Agriculture.

The insecticide act of 1910 places upon the department the responsibility of regulating the interstate shipments and importations into the United States at its various ports of entry of insecticides and fungicides and also the manufacture and sale of such products in the Territories and the District of Columbia. The importance of the food production campaign has caused the board to increase its efforts to protect the farmer, fruit grower, market gardener, and stock and poultry raiser against fraudulent, misbranded, and adulterated insecticides and fungicides, and thereby establish the confidence which tends to encourage the use of these materials by farmers in preventing and combating diseases and insect pests of their crop plants and live stock. It has been noted that there are many new insecticide and fungicide preparations on the market which are being made both by old manufacturers and new manufacturers who have entered the field. Evidently this stimulus to the industry is the normal result of the demand for insecticides and fungicides created by the campaign for greater food production.

INTERSTATE SAMPLES.

During the fiscal year the board reported to the Solicitor of the department 132 cases presenting alleged violations of law and with recommendations that the facts be transmitted to the Attorney General to institute criminal action or seizure proceedings. Disposition was made of 195 cases by correspondence with the manufacturers. These cases presented violations which were technical only, not flagrant, or cases in which the manufacturer gave reasonable and adequate explanation of his failure to conform to the provisions of the act. Action was taken to place in abeyance 726 samples, which, upon examination and test, were shown to be in compliance with the provisions of the law or were from shipments of the same goods made prior to shipments for which the manufacturer had been convicted and had after citation conformed to the requirements of the law. On June 30, 1918, 55 cases were pending preliminary hearings 97335°- -AGR 1918 -28

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