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Issued August 24, 1917.
United States, Department of Agriculture,y
OFFICE OF THE SECRETARY-Circular No. 34-Second revision.
RULES AND REGULATIONS FOR CARRYING OUT THE
PROVISIONS OF THE INSECTICIDE ACT OF 1910.
Including the collection and examination of specimens of Insecticides, Paris Greens, Lead
Arsenates, 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 part through which such product is offered for interstate commerce or for export or import between the United States and any foreign port or country.
INTRODUCTION. Under date of December 9, 1910, 28 rules and regulations for the enforcement of The Insecticide Act of 1910 were adopted by the Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce and Labor. Since that date Regulation 28 has been amended to postpone the time of the enforcement of Regulation :2 to January 1, 1912, Regulation 14 (a), "Definition of Fungi,” has been added, and Regulation 29 has been amended to abolish the serial-number form of guaranty. The action of the three Secretaries amending Regulation 28, adding Regulation 14 (a), and amending Regulation 20, was taken on June 28, 1911, November 16, 1912, and June 30, 1914, respectively.
D. F. HOUSTON,
Secretary of Agriculture. WASHINGTON, D. C., August 3, 1917.
RULES AND REGULATIONS.
Regulation 1. Original Unbroken Package.
(Sections 2 and 10.) The term “Original unbroken package,” as used in this act, means the original package as defined by the Federal courts with respect to articles of interstate commerce. In general, an original unbroken package is the package delivered by the shipper to the carrier at the
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initial point of interstate shipment, in the exact condition in which it was shipped, as distinguished from the unit package ordinarily displayed on the shelves of retailers.
Regulation 2. Collection of Samples.
(a) Samples shall be collected only by authorized agents of the Department of Agriculture, by the directors of agricultural experiment stations, or by agents of any State, Territory, or the District of Columbia, when commissioned by the Secretary of Agriculture for the purpose.
(6) Samples may be purchased in the open market, and the marks, brands, or tags upon the package, carton, container, wrapper, or accompanying printed or written matter shall be noted. The collector shall also note the names of the vendor and the agent of the vendor who made the sale, together with the date of the purchase. The collector shall purchase representative samples.
(c) A sample taken from bulk goods shall be divided into three parts and each shall be labeled with identifying marks.
(d) If a package be less than 4 pounds, or in volume less than 2 quarts, three packages shall be purchased when practicable, and the marks and tags upon each noted as above. When three samples are purchased, or when a sample is taken from bulk goods as in (c) and divided into three parts, one sample or part, as the case may be, shall be delivered to such chemist or examiner as may be designated by the Secretary of Agriculture for analysis or examination; and the other two samples or parts shall be held under seal by the Secretary of Agriculture, who, upon the request of the party against whom prosecution may lie under this act, on account of the shipment, manufacture, or sale of the product, or the making of a guaranty covering the product, shall deliver one of the samples or parts to such party. Such disposition of the third sample or part shall be made as the Secretary of Agriculture may deem proper.
(e) When it is impracticable to collect three samples or to divide the sample or samples, the order of delivery outlined above shall obtain, and in case there is a second sample, the Secretary of Agriculture may, at his discretion, deliver such sample to the parties interested.
(f) All samples or parts of samples shall be sealed by the collector with a seal provided for that purpose and marked with identifying marks.