RULES AND REGULATIONS FOR CARRYING OUT THE RULES AND REGULATIONS. GENERAL. 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 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 10. DEFINITION OF LABEL. The term label, as usedin 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 termsof the act, information is required to be on the label of an insecticide or fungicide, such as the statement of percentage of arsenicc ontained 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 absense of the required statement. (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 contailners packed together. REGULATION 14. DEFNITION OF INSECT. (Section 6.) 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 15. FALSE STATEMENTS IN CIRCULARS, ETC. 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. REULATGION 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 form (expressed as per centum of metallic arsenic). (b) 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 prentage 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 thel abel 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. REGULATOIN 18. NAME AND ADDRESS OF MANU.. FACTURER. (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 appeare upon the label is not that of the actual manufacturer or producer. (b) 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 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. REGULATOIN 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. REGULATION 20. GUARANTY. (Section 9.) A general guaranty may be filed with the Secretary of Agriculture by the manufacturer or dealer and be given a serial number, which serial number should appear on every package of goods sold under such guaranty, with the words “Guaranteed by (insert name of guarantor) under the Insecticide Act of 1910." The following form of guaranty is suggested: Secretary of Agriculture, Dear Sir: Washington, D. C. 191... Re: General Guaranty and Serial Number for Insecticides. I (we) the undersigned do hereby guarantee that the insecticides, Paris greens, lead arsenates and fungicides, manufactured. packed, distributed or sold by us (me), consisting of all proprietory articles of such class, which are now or which may hereafter be manufactured, packed, distributed or sold by us (me) are not adulterated or misbranded within the meaning of the Insecticide Act ot 1910. SEE WELLS' GUIDE TO LEGAL LABLES, Pages 21-2223 and 24, for specific instructions for signing and filling the foregoing, and the purport of the guaranty. Articles that are used as medicines, insecticides and fungicides must bear guaranty and serial number for each class in order to secure protection to the dealer, as contemplated by the law. Your guaranty must read: Guaranteed by (name of guarantor) under the Insecticide Act of 1910. Serial No. If the guaranty be not filed with the Secretary of Agriculture it should identify and be attached to the bill of lading, invoice, bill of sale, or other schedule giving the description and amount of the article sold. |