by publication in such manner as may be prescribed by the rules and regulations aforesaid. (Apr. 26, 1910, ch. 191, § 4, 36 Stat. 332; Jan. 18, 1927, ch. 39, 44 Stat. 1003.)

TRANSFER OF FUNCTIONS

The Food and Drug Administration, successor to the Food, Drug, and Insecticide Administration, and its functions except those relating to the administration of this chapter and §§ 91-99 of this title, were transferred from the Department of Agriculture to the Federal Security Agency by Reorganization Plan No. IV, § 12, 5 Fed. Reg. 2422, 54 Stat. 1237.

§ 128a. Examinations, by whom made.

Section, act January 18, 1927, ch. 39, 44 Stat. 1003, has been incorporated in § 128 of this title.

§ 129. District attorney to prosecute violations.-It shall be the duty of each district attorney to whom the Secretary of Agiculture shall report any violation of this chapter, or to whom any director of experiment station or agent of any State, Territory, or the District of Columbia, under authority of the Secretary of Agriculture, shall present satisfactory evidences of any such violation, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the penalties as provided in this chapter. (Apr. 26, 1910, ch. 191, § 5, 36 Stat. 332.)

§ 130. When articles deemed adulterated.-For the purpose of this chapter an article shall be deemed to be adulterated.

Paris green. In the case of Paris green: First, if it does not contain at least 50 per centum of arsenious oxide; second, if it contains arsenic in water-soluble forms equivalent to more than 32 per centum of arsenious oxide; third, if any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.

Lead arsenate. In the case of lead arsenate: First, if it contains more than 50 per centum of water; second, if it contains total arsenic equivalent to less than 122 per centum of arsenic oxid (As,O,); third, if it contains arsence in water-soluble forms equivalent to more than 0.75 per centum of arsenic oxid (As20); fourth, if any substances have been mixed and packed with it so as to reduce, lower, or injuriously affect its quality or strength: Provided, however, That extra water may be added to lead arsenate (as described 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.

Other insecticides or fungicides. In the case of insecticides or fungicides, other than Paris green and lead arsenate: First, if its strength or purity fall below the professed standard or quality under which it is sold; second, if any substance has 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 use on vegetation and shall contain any substance or substances which, although preventing, destroying, repelling, or mitigating insects, shall be injurious to such vegetation when used. (Apr. 26, 1910, ch. 191, § 7, 36 Stat. 332.)

650673°-46-14

§ 131. When articles deemed "misbranded"; labels. The term "misbranded" as used in this chapter shall apply to all insecticides, Paris greens, lead arsenates, or fungicides, or articles which enter 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.

For the purpose of this chapter an article shall be deemed to be misbranded

Insecticides, Paris greens, lead arsenates, and fungicides; imitation of other article, or misleading label or brand. 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 purchaser, 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 such 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.

Insecticides (other than Paris greens and lead arsenates) and fungicides; statements on labels. In the case of insecticides (other than Paris greens and lead arsenate) 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, repel, or mitigate insects or fungi and does not have 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 insofar as to state the total percentage of inert ingredients present. (Apr. 26, 1910, ch. 191, § 8, 36 Stat. 333.)

§ 132. Guaranty of wholesaler, etc., as protection to retailer; liability of guarantor.-No dealer shall be prosecuted under the provisions of this chapter when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchased such articles, to the effect that the same is not adulterated or misbranded within the meaning of this chapter, 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 in such case said party or parties shall be amenable to the prosecution, fines, and other penalties which would attach in due course to the dealer under the provisions of this chapter. (Apr. 26, 1910, ch. 191, § 9, 36 Stat. 334.)

8133. Seizure and condemnation of adulterated or misbranded articles; disposition of articles or proceeds; procedure; jury trial. -Any insecticide, Paris green, lead arsenate, or fungicide that is adulterated or misbranded within the meaning of this chapter and is being transported from one State, Territory, or District, to another for sale, or having been transported, remains unloaded, unsold, or in original unbroken packages, or if it be sold or offered for sale in the District of Columbia or any Territory of the United States, or if it be imported from a foreign country for sale, shall be liable to be proceeded against in any district court of the United States within the district wherein the same is found and seized for confiscation by a process of libel for condemnation. And if such article is condemned as being adulterated or misbranded, within the meaning of this chapter, the same shall be disposed of by destruction or sale as the said court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States, but such goods shall not be sold in any jurisdiction contrary to the provisions of this chapter, or the laws of that jurisdiction: Provided, however, That upon the payment of the costs of such libel proceedings and the execution and delivery of a good and sufficient bond to the effect that such articles shall not be sold or otherwise disposed of contrary to the provisions of this chapter or the laws of any State, Territory, or District, the Court may by order 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 such case, and all such proceedings shall be at the suit of and in the name of the United States. (Apr. 26, 1910, ch. 191, § 10, 36 Stat. 334.) § 134. Importation of articles; examination of samples; exclusion if adulterated, etc.; destruction or exportation; provisional delivery to consignee; bond; charges and lien.-The Secretary of the Treasury shall deliver to the Secretary of Agriculture, upon his request, from time to time, samples of insecticides, Paris greens, lead arsenates, and fungicides which are being imported into the United States or offered for import, giving notice thereof to the owner or consignee, who may appear before the Secretary of Agriculture and have the right to introduce testimony; and if it appear from the examination of such samples that any insecticide, or Paris green, or lead arsenate, or fungicide offered to be imported into the United States is adulterated or misbranded within the meaning of this chapter, 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, or is otherwise falsely labeled in any respect, the said article shall be refused admission, and the Secretary of the Treasury shall re

fuse 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 regulations as the Secretary of the Treasury may prescribe: Provided, That the Secretary of the Treasury may deliver to the consignee such goods pending examination and decision in the matter on execution of a penal bond for the amount of the full invoice value of such goods, together with the duty thereon, and on refusal to return such goods for any cause to the custody of the Secretary of the Treasury, when demanded, for the purpose of excluding them from the country, or for any other purpose, said consignee shall forfeit the full amount of the bond: And provided further, That all charges for storage, cartage, and labor on goods which are refused admission or delivery shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any future importation made by such owner or consignee. (Apr. 26, 1910, ch. 191, § 11, 36 Stat. 334.)

Chapter 7.-INSECT PESTS GENERALLY

MEDITERRANEAN FRUIT FLY INVESTIGATION BOARD

Act May 23, 1938, ch. 260, 52 Stat. 436, created a temporary board to investigate losses sustained by Florida farmers resulting from the campaign to eradicate the Mediterranean fruit fly. This board has now ceased to exist.

§ 141. Transportation or removal of insect pests prohibited.— No railroad, steamboat, express, stage, or other transportation company shall knowingly transport from one State or Territory into any other State or Territory, or from the District of Columbia into a State or Territory, or from a State or Territory into the District of Columbia, or from a foreign country into the United States, the gypsy moth, brown-tail moth, leopard moth, plum curculio, hop plant louse, boll weevil, or any of them in a live state, or other insect in a live state which is notoriously injurious to cultivated crops, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees; or the eggs, pupae, or larvae of any insect injurious as aforesaid, except when shiped for scientific purposes under the regulations hereinafter provided for; nor shall any person remove from one State or Territory into another State or Territory, or from a foreign country into the United States, or from a State or Territory into the District of Columbia, or from the District of Columbia into any State or Territory, except for scientific purposes under the regulations hereinafter provided for, the gypsy moth, brown-tail moth, leopard moth, plum curculio, hop plant louse, boll weevil, or any of them in a live state, or other insect in a live state which is notoriously injurious to cultivated crops, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees; or the eggs, pupae, or larvae of any insect injurious as aforesaid. (Mar. 3, 1905, ch. 1501, § 1, 33 Stat. 1269.)

§ 142. Mailing parcels, etc., containing insect pests; punishment. -Any letter, parcel, box, or other package containing the gypsy moth, brown-tail moth, leopard moth, plum curculio, hop plant louse, boll weevil, or any of them in a live state, or other insect

in a live state which is notoriously injurious to cultivated crops, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees; or any letter, parcel, box, or package which contains the eggs, pupae, or larvae of any insect injurious as aforesaid, whether sealed as first-class matter or not, is hereby. declared to be nonmailable matter, except when mailed for scientific purposes under the regulations hereinafter provided for, and shall not be conveyed in the mails, nor delivered from any post office, nor by any letter carrier, except when mailed for scientific purposes under the regulations hereinafter provided for; and any person who shall knowingly deposit, or cause to be deposited, for mailing or delivery, anything declared by this section to be nonmailable matter, or cause the same to be taken from the mails for the purpose of retaining, circulating, or disposing of, or of aiding in the retention, circulation, or disposition of the same shall, for each and every offense, be fined, upon conviction thereof, not more than $5,000 or imprisoned at hard labor not more than five years, or both, at the discretion of the court: Provided, That nothing in sections 141-144 of this title shall authorize any person to open any letter or sealed matter of the first class not addressed to himself. (Mar. 3, 1905, ch. 1501, § 2, 33 Stat. 1270.)

§ 143. Regulations for mailing, transportation, etc., for scientific purposes.-It shall be the duty of the Secretary of Agriculture, and he is hereby authorized and directed to prepare and promulgate rules and regulations under which the insects covered by sections 141 and 142 of this title may be mailed, shipped, transported, delivered, and removed, for scientific purposes, from one State or Territory into another State or Territory, or from the District of Columbia into a State or Territory, or from a State or Territory into the District of Columbia, and any insects covered by sections 141 and 142 of this title may be so mailed, shipped transported, delivered, and removed for scientific purposes, under the rules and regulations of the Secretary of Agriculture: Provided, That the rules and regulations of the Secretary of Agriculture, insofar as they affect the method of mailing insects, shall be approved by the Postmaster General, and nothing in sections 141-144 of this title shall be construed to prevent any State from making and enforcing laws in furtherance of the purposes of sections 141-144 of this title, prohibiting or regulating the admission into that State of insects from a foreign country. (Mar. 3, 1905, ch. 1501, § 3, 33 Stat. 1270.)

§ 144. Punishment for unlawful transportation or removal.— Any person, company, or corporation who shall knowingly violate the provisions of section 141 of this title shall, for each offense, be fined, upon conviction thereof, not more than $5,000 or imprisoned at hard labor not more than five years, or both, at the discretion of the court. (Mar. 3, 1905, ch. 1501, § 4, 33 Stat. 1270.) § 145. Mexican pink bollworm; establishment of zones free from cotton culture; cooperation with Mexican officials.-On account of the menace to cotton culture in the United States arising from the existence of the pink bollworm in Mexico, the Secretary of Agriculture, in order to prevent the establishment and spread