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Regulation 3. Methods of Analysis.
(Section 4.) The methods of examination or analysis employed shall be those prescribed by the Secretary of Agriculture.
Regulation 4. Hearings.
(Section 4.) (a) If, from the examination or analysis, a sample appears to be adulterated or misbranded within the meaning of this act, notice thereof shall be given to the party from whom such sample was obtained and to such other interested parties as the Secretary of Agriculture may direct, and a date shall be fixed at which such party or parties may be heard before the Secretary of Agriculture or such other person or persons as he may direct. The hearings shall be had at places designated by the Secretary of Agriculture most convenient for all parties concerned. These hearings shall be private and confined to questions of fact. The parties interested therein may appear in person or by attorney and may submit oral or written evidence to show any fault or error in the findings of the analyst or examiner. At the hearing the party cited shall, upon request, be informed of the findings of the analyst or examiner.
(b) If, after hearing held, it still appears that a violation of the act has been committed, the Secretary of Agriculture shall, through the Attorney General, inform the United States attorney in whose district the offense appears to have been committed.
(c) Any director of an agricultural experiment station or agent of any State, Territory, or the District of Columbia, duly authorized to cooperate in the enforcement of this act, who shall obtain satisfactory evidence of any violation of its provisions, shall report the same to the Secretary of Agriculture in order that he may take such steps as are warranted by this report.
Regulation 5. Publication.
(Section 4.) Publication shall be given of notices of judgment of the courts in cases arising under this act in the form of such circulars, notices, or bulletins as the Secretary of Agriculture may direct. Publication shall be made not less than 30 days after judgment, and, if an appeal be taken from the judgment of the court before such publication, notice of appeal shall accompany the publication.
Regulation 6. Report of Violations.
(Section 5.) Requests for institution of prosecutions under sections 1 and 2 of the act, and, where practicable for proceedings, under section 10 of the
act, will be made by the Secretary of Agriculture to the Attorney General. Where immediate action is necessary to secure the seizure of articles under section 10 and delay will result by reporting the facts to the Attorney General, the Secretary of Agriculture will communicate directly with the United States attorneys. In such cases, however, the Secretary of Agriculture will promptly furnish the Attorney General with a copy of the communication to the United States attorney.
Regulation 7. Report of Violations by State Officials.
The directors of experiment stations or agents of any State, Territory, or District of Columbia, designated by the Secretary of Agriculture to investigate offenses under the act, shall transmit to the Secretary of Agriculture all evidence collected by them relating to violations of sections 1 and 2 of the act, and also evidence to sustain proceedings for forfeiture and condemnation of articles under section 10 of the act, and such evidence shall be submitted to the solicitor of the Department of Agriculture for examination into its sufficiency to sustain a prosecution.
Regulation 8. Character of Raw Material.
The Secretary of Agriculture, when he deems it necessary, shall examine the raw material used in the manufacture of insecticides and fungicides in order to determine whether and under what conditions any of them are harmful to animals or are injurious to vegetation upon which they are intended to be used. From time to time the Secretary of Agriculture will publish in form of circulars or bulletins, as he shall deem adequate, the results of his investigations of the injurious effects of articles used as insecticides and fungicides.
Regulation 9. Abstraction of Valuable Constituents.
(a) A valuable constituent of an article is wholly abstracted therefrom, in the contemplation of the act, whenever the designation of the article imports its presence therein and the constituent has been wholly omitted therefrom in the preparation of the article or has been wholly removed from the completed article.
(6) A valuable constituent of an article is partly abstracted therefrom, in the contemplation of the act, whenever the designation of the article imports its presence therein and the constituent is not present in the usual or customary amount.
MISBRANDING AND ADULTERATION.
Regulation 10. Definition of Label.
(Section 8.) The term label, as used in the act, includes any legend and descriptive matter or design printed, stenciled, stamped, seared, or impressed upon the article or its container, and also includes circulars, pamphlets, etc., which are packed and go with the articles into the. hands of the purchaser, and such letters, circulars, pamphlets, etc., to which reference is made either on the label attached to the package or on the package itself, or any circulars, pamphlets, etc., which accompany the package.
Regulation 11. When Labels Required.
(Section 8.) Whenever, by the terms of the act, information is required to be on the label of an insecticide or fungicide, such as the statement of percentage of arsenic contained therein, a label must be placed on the article in order that the statement can be made and the omission of a label does not excuse the absence of the required statement.
Regulation 12. Statements on Labels.
(Sections 7 and 8.) All matter required by the act to be stated on the label of an article must be plainly and correctly stated on the face of the principal label in type sufficiently clear and in position sufficiently prominent to attract the immediate attention of the purchaser.
Regulation 13. Definition of Package.
The term "package," as used in the act, includes every carton, box, barrel, or other receptacle into which an insecticide or fungicide, Paris green, or lead arsenate is placed for use, handling, removal, shipment, or conveyance, and also a single container of such article or articles or several containers packed together.
Regulation 14. Definition of Insect.
The term “insect," as used in the act and these regulations, is understood to mean any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged,
usually winged forms, as beetles, bugs, bees, flies, etc., and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as spiders, mites, ticks, centipedes, wood lice, etc.
Regulation 14 (a). Definition of Fungi.
(Section 6.) The term "fungi,” as used in the act and these regulations, is understood to mean all nonchlorophyll-bearing plants of a lower order than mosses and liverworts (i.e., nonchlorophyll-bearing thallophytes), comprising rusts, smuts, mildews, molds, yeasts, bacteria, etc. Regulation 15. False Statements in Circulars, etc.
(Section 8.) An insecticide, fungicide, Paris green, or lead arsenate is misbranded under the provisions of the act if the package containing it is accompanied by any circular, advertising or descriptive matter, in or upon which there is any false, deceptive, or misleading statement, design, or device, or if such false, deceptive, or misleading statement, design, or device appears on any letter, circular, design, or descriptive matter to which reference is made on the label attached to the package or in any paper accompanying the package. Regulation 16. Ingredients Required to be Declared.
(Section 8.) (a) Insecticides (other than Paris greens and lead arsenates) and fungicides containing arsenic in any of its combinations or in the elemental form must bear a statement on the label showing the total amount of arsenic present (expressed as per centum of metallic arsenic) and also the amount present in water-soluble form (expressed as per centum of metallic arsenic).
(6) Insecticides (other than Paris greens and lead arsenates) and fungicides containing inert substances, which do not prevent, destroy, repel, or mitigate insects or fungi, must bear a statement on the label of the name and percentage of each inert substance therein, unless the name and percentage of each active ingredient of the article is plainly and correctly stated, in which case it will be sufficient to state upon the label that the article contains inert substances, giving the correct percentage thereof. Regulation 17. False and Misleading Statements on Labels.
(Section 8.) The use of any false or misleading statement, design, or device appearing on any part of the label shall not be justified by any statement given as the opinion of an expert or other person, nor by any descriptive matter explaining the use of the false or misleading statement, design, or device. Regulation 18. Name and Address of Manufacturer.
(Section 8.) (a) The name of the manufacturer or producer or the place of manufacture need not be given upon the label, but if given must be the
true name and true place. The words “Packed for "Distributed by *
or some equivalent phrase, shall be added to the label in case the name which appears upon the label is not that of the actual manufacturer or producer.
(6) When a person, firm, or corporation actually manufactures or produces an insecticide, fungicide, Paris green, or lead arsenate in two or more places the actual place of manufacture or production of each particular package need not be stated on the label except when, under the peculiar circumstances of the particular case, the mention of any such place to the exclusion of the others misleads the public.
(c) The use of a geographical name shall not be permitted in connection with an insecticide or fungicide not manufactured or produced in that place, when such name indicates that the article was manufactured or produced in that place.
(d) The use of a geographical name in connection with an insecticide or fungicide will not be deemed a misbranding when, by reason of long usage, it has come to represent a generic term and is used to indicate a style, type, or brand, or where it has come to represent a specific substance rather than the place of manufacture, but in all such cases the place where any such article is manufactured or produced shall be stated upon the principal label.
(e) A foreign name which is recognized as distinctive of a product of a foreign country shall not be used upon an article of domestic origin except as an indication of the type or style or quality of manufacture, and then only when so qualified that it is not offered for sale under the name of a foreign article.
Regulation 19. Substitution.
(Sections 7 and 8.)
When a substance of a recognized quality commonly used in the preparation of an insecticide or fungicide is replaced in part or in whole by another substance, the name of the substituted substance shall appear upon the label.
FORM OF GUARANTY.
Regulation 20. Guaranty.
[As amended by Amendment No. 3, June 30, 1914, taking effect May 1, 1916.]
(Section 9.) (a) It having been determined that the legend “Guaranteed by (name of guarantor), under The Insecticide Act of 1910,"borne on the labels or packages of insecticides, Paris greens, lead arsenates, and fungicides, accompanied by serial numbers given by the Secretary of Agriculture, is misleading and deceptive, in that the public is induced by such legend and serial number to believe that the articles to which