« 이전계속 »
they relate have been examined and approved by the Government and that the Government guarantees that they comply with the law, the use of said legend, or any similar legend, on labels or packages should be discontinued. Inasmuch as the acceptance by the Secretary of Agriculture for filing of the guaranties of manufacturers and dealers and the giving by him of serial numbers thereto contribute to the deceptive character of legends on labels and packages, no guaranty in any form shall hereafter be filed with and no serial number shall hereafter be given to any guaranty by the Secretary of Agriculture. All guaranties now on file with the Secretary of Agriculture shall be stricken from the files, and the serial numbers assigned to such guaranties shall be canceled.
(6) The use on the label or package of any insecticide, Paris green, lead arsenate, or fungicide of any serial number required to be canceled by paragraph (a) of this regulation is prohibited.
(c) Any wholesaler, manufacturer, jobber, or other party residing in the United States may furnish to any dealer to whom he sells any insecticide, Paris green, lead arsenate, or fungicide, a guaranty that such article is not adulterated or misbranded within the meaning of The Insecticide Act of 1910.
(d) Each guaranty to afford protection shall be signed by, and shall contain the name and address of, the wholesaler, manufacturer, jobber, dealer, or other party residing in the United States making the sale of the article or articles covered by it to the dealer, and shall be to the effect that such article or articles are not adulterated or mis. branded within the meaning of The Insecticide Act of 1910.
(e) Each guaranty in respect to any article or articles should be incorporated in or attached to the bill of sale, invoice, bill of lading, or other schedule, giving the names and quantities of the article or articles sold, and should not appear on the labels or packages.
(f) No dealer in insecticides, Paris greens, lead arsenates, or fungicides will be liable to prosecution if he can establish that the articles were sold under a guaranty given in compliance with this regulation.
This amendment shall become and be effective on and after May 1, 1916: Provided, That as to products packed and labeled prior to May 1, 1916, in accordance with law and with the rules and regulations for carrying out the provisions of The Insecticide Act of 1910, in effect prior to May 1, 1916, this amendment shall become and be effective on and after November 1, 1916: And provided further, That compliance with Regulation 20, as hereby amended, will be permitted at any time after the date of the signing of this amendment.
[Section 10. The provisions of these regulations relating to the collection of samples and hearings before the Secretary of Agriculture or his representative have no application to proceedings instituted under section 10 of the statute.]
Regulation 21. Imports.
(Section 11.) All Paris green and lead arsenate imported into the United States will be considered to be intended for use as insecticides and treated accordingly, unless the contrary is shown.
Regulation 22. Imports-Declaration.
(Section 11.) All invoices of insecticides, Paris greens, lead arsenates, and fungicides imported into the United States shall be accompanied by a declaration of the shipper, made before a United States consular officer, as follows: I,
the undersigned, do hereby declare (Name in full.) that I am the
of the merchandise herein (Manufacturer or shipper.) mentioned, which consists of insecticides, Paris greens, lead arsenates, or fungicides. None of this merchandise is falsely labeled in any respect, nor dangerous to the health of the people of the United States, nor forbidden entry into, nor sale, in nor restricted in sale in, the country in which it is made or from which it is exported. The merchandise was manufactured in
(Name of manufacturer.) and is exported from
consigned to ... (City.)
....... day of
Regulations 23. Imports-Release on Bond.
(Section 11.) Consignments of insecticides, Paris green, lead arsenates, or fungicides sought to be imported into the United States may be delivered to the consignee before examination to determine whether they are adulterated or misbranded, upon the execution and delivery by the consignee of a penal bond in a sum equivalent to the invoice value of the consignment, including the duty, conditioned upon the prompt return of the consignment to customs custody, upon demand by the Secretary of the Treasury or his representative.
Regulations 24. Imports-Hearing.
(Section 11.) If upon examination or analysis of a sample from a consignment of insecticides, Paris greens, lead arsenates, or fungicides adulteration or misbranding appears, the owner or consignee shall be promptly
notified of the nature of the charge and the time and place at which consideration as to the disposition of the consignment will take place, in order that he may appear and introduce evidence.
Regulation 25. Imports--Detention.
A reasonable time will be allowed the owner or consignee to secure evidence for consideration in connection with charges of misbranding or adulteration. If after examination or analysis of a sample from a consignment of insecticides, Paris greens, lead arsenates, or fungicides, such sample has been found not to comply with the provisions of the act, and, after a hearing granted to the owner or consignee of the goods shall have been held, all the evidence in the case, including the sample, shall be transmitted to such official stationed in Washington as the Secretary of Agriculture may designate for examination or analysis. , If it then appears that the consignment may not lawfully be imported into the United States in consideration of the results of the analysis or examination of the said sample, the Secretary of Agriculture shall report to the Secretary of the Treasury that the parti ular importation is adulterated or misbranded, as the case may be, under the provisions of the Insecticide Act of 1910.
REV'EW, AMENDMENT, AND ENFORCEMENT OF REGULATIONS.
Regulation 26. Review.
(Section 11.) Application for review of decisions regarding the adulteration or misbranding of insecticides, Paris greens, lead arsenates, or fungicides shall be addressed to the Secretary of Agriculture, and all vouchers for reimbursement for samples should be addressed to such officer of the Department of Agriculture as the Secretary of Agriculture may direct.
Regulation 27. Amendment of Regulations.
These regulations may be amended at any time without notice, with the concurrence of the Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce and Labor.
• Regulation 28. Enforcement of Regulations.
(As amended June 28, 1911.)
Regulation 12 will not be enforced until January 1, 1912. Prior to that time all matter required by the act to be stated on the label may be added to the principal label in type sufficiently clear to attract the immediate attention of the purchaser by means of a sticker or paster or supplemental label in such a way as not to render the principal label deceptive or misleading.
Secretary of the Treasury. JAMES WILSON,
Secretary of Agriculture. CHARLES NAGEL,
Secretary of Commerce and Labor. WASHINGTON, D. C., December 9, 1910..
THE INSECTICIDE ACT OF 1910.
An Act For preventing the manufacture, sale, or transportation of adulterated or misbranded Paris greens, lead arsenates, and other insecticides, and also fungicides, and for regulating traffic therein, and for other purposes. (36 Stat., 331.)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be unlawful for any person to manufacture within any Territory or the District of Columbia any insecticide, Paris green, lead arsenate, or fungicide which is adulterated or misbranded within the meaning of this act; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and shall, upon conviction thereof, be fined not to exceed two hundred dollars for the first offense, and upon conviction for each subsequent offense be fined not to exceed three hundred dollars, or sentenced to imprisonment for not to exceed one year, or both such fine and imprisonment, in the discretion of the court.
Sec. 2. That the introduction into any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or from any foreign country, or shipment to any foreign country, of any insecticide, or Paris green, or lead arsenate, or fungicide which is adulterated or misbranded within the meaning of this act is hereby prohibited; and any person who shall ship or deliver for shipment from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, or to any foreign country, or who shall receive in any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or foreign country, and having so received, shall deliver, in original unbroken packages, for pay or otherwise, or offer to deliver, to any other person, any such article so adulterated or misbranded within the meaning of this act, or any person who shall sell or offer for sale in the District of Columbia or any Territory of the United States any such adulterated or misbranded insecticide, or Paris green, or lead arsenate, or fungicide, or export or offer to export the same to any foreign country, shall be guilty of a misdemeanor, and for such offense be fined not exceeding two hundred dollars for the first offense, and upon conviction for each subsequent offense not exceeding three hundred dollars, or be imprisoned not exceeding one year, or both, in the discretion of the court: Provided, That no 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 articles 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 other provisions of this act.
SEC. 3. That the Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce and Labor shall make uniform rules and regulations for carrying out the provisions of this act, including the collection and examination of specimens of insecticides, Paris greens, lead arsenatės, and fungicides manufactured or offered for sale in the District of Columbia or in any Territory of the United States, or which shall be offered for sale in unbroken packages in any State other than that in which they shall have been respectively manufactured or produced, or which shall be received from any foreign country or intended for shipment to any foreign country, or which may be submitted for examination by the director of the experiment station of any State, Territory, or the District of Columbia (acting under the direction of the Secretary of Agriculture), or at any domestic or foreign port through which such product is offered for interstate commerce, or for export or import between the United States and any foreign port or country.