purposes within the meaning of said Act approved Augst twenty-fourth, nineteen hundred and twelve, and the importation of such seed or mixture thereof is prohibited: Provided, however, That seed of Kentucky blue grass and seed of Canada blue grass shall not be considered unfit for seeding purposes when they contain fifty per centum or more of live pure seed." $114. Violations of chapter; punishment; sale of seed imported for manufacture. Any person or persons who shall knowingly violate the provisions of this chapter shall be deemed guilty of a misdemeanor and shall pay a fine of not exceeding $500 and not less than $200: Provided, That any person or persons who shall knowingly sell for seeding purposes seeds or grain which were imported under the provisions of this chapter for the purpose of manufacture shall be deemed guilty of a violation of this chapter. (Aug. 24, 1912, c. 382, § 4,37 Stat. 507.) Sec. CHAPTER 6.-INSECTICIDES ACT 121. Short title of chapter. 122. Definitions generally; "insecticide"; "Paris green"; "lead arsenate"; "fungicide." 123. "Territory"; "person"; defined. 124. Liability of principal for act of agent. 125. Manufacture of adulterated or misbranded articles prohibited; punishment. 126. Transportation or sale of adulterated or misbranded articles prohibited; punishment; exception; articles for export. 127. General rules and regulations; collection and examination of speci mens. 128. Examinations of specimens; notice to interested party and hearing; certification to district attorney; publication. 129. District attorney to prosecute violations. Sec. 130. When articles deemed adulterated. Paris green. Lead arsenate. Other insecticides or fungicides. 131. When articles deemed "misbranded"; labels. Insecticides, Paris greens, lead arsenates, and fungicides; imitation of other article, or misleading label or brand. Insecticides (other than Paris greens and lead arsenates) and fungicides; statements on labels. 132. Guaranty of wholesaler, etc., as protection to retailer; liability of guarantor. 133. Seizure and condemnation of adulterated or misbranded articles; disposition of articles or proceeds; procedure; jury trial. 134. Importation of articles; examination of samples; exclusion if adulterated, etc.; destruction or exportation; provisional delivery to consignee; bond; charges and lien. Section 121. Short title of chapter. and referred to as "The Insecticide Act". 36 Stat. 335.) This chapter shall be known (Apr. 26, 1910, c. 191, § 13, Historical Note This section is section 13 of the Act of April 26, 1910, c. 191, 36 Stat, 331, entitled "An act for preventing the manufacture, sale, or transportation of adulterated or misbranded Paris greens, lead arsenates, and other insecticides, and also fungi cides, and for regulating traffic therein, and for other purposes," cited above. Sections 1-12 of the act are also contained in this chapter. Section 14 of the act provided that the act should take effect January 1, 1911, and is omitted from the Code. The Food and Drugs Act, with which this act has been contrasted, will be found set out as sections 1-15 of Title 21, Food and Drugs. The act making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1926, and for other purposes, approved Feb. 10, 1925 [c. 200, 43 Stat. 822], contained a provision for an appropriation for enforcement of the Insecticide Act, for "executive officer and other personal services in the District of Columbia in accordance with the Classifica tion Act of 1923 Act Dec. 6, 1924, c. 5, 43 Stat. 704, "to enable the heads of the several departments and independent establishments to adjust the compensation of civilian employees in certain of the field services to correspond, so far as may be practicable, to the rates established by the Classification Act of 1923 for positions in the departmental services in the District of Columbia," contained thereunder an appropriation for additional salaries and general expenses in enforcement of the Insecticide Act. For further provisions as to salaries for year 1926 for persons in the field service, see § 676 of Title 5, Executive Departments and Government Officers and Employees. Notes of Decisions 1. Food and Drugs Act contrasted.-In U. S. v. Thirty Dozen Packages of Roach Food (D. C. Md. 1913) 202 F. 273, the court contrasting this chapter with the Food and Drugs Act (sections 1-15 of Title 21, Food and Drugs) said: "Obviously the draftsman of the Insecticide Act took the Food and Drugs Act and copied it literally, except where alterations were neces 99 sary in order to adapt it to the purpose in view, or where he wished to make a definite change in a particular provision. From the changes which were so made, it is possible to gather something of the purpose of some of the new provisions in the later act." See, also, U. S. v. Two Cases of Chloro-Naptholeum Disinfectant (D. C. Md. 1914) 217 F. 477. § 122. Definitions generally; "insecticide"; "Paris green”; “lead arsenate"; "fungicide." The term "insecticide" as used in this chapter shall include any substance or mixture of substances intended to be used for preventing, destroying, repelling, or mitigating any insects which may infest vegetation, man or other animals, or households, or be present in any environment whatsoever. The term "Paris green” as used in this chapter shall include the product sold in commerce as Paris green and chemically known as the aceto-arsenite of copper. The term "lead arsenate" as used in this chapter shall include the product or products sold in commerce as lead arsenate and consisting chemically of products derived from arsenic acid (HASO) by replacing one or more hydrogen atoms by lead. The term "fungicide" as used in this chapter shall include any substance or mixture of substances intended to be used for preventing, destroying, repelling, or mitigating any and all fungi that may infest vegetation or be present in any environment whatsoever. (Apr. 26, 1910, c. 191, § 6, 36 Stat. 332.) · Historical Note See historical note to section 121, ante, of this title. Notes of Decisions See Parke Davis & Co. v. U. S. (C. C. A. La. 1919) 255 F. 933. § 123. "Territory"; "person"; defined. The term "Territory," as used in this chapter, shall include the District* of Alaska and the insular possessions of the United States. The word "person," as used in this chapter, shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies, and associations. (Apr. 26, 1910, c. 191, § 12, 36 Stat. 335.) "District" should read "Territory" in view of Act Aug. 24, 1912, c. 387, § 1, 37 Stat. 512. Historical Note See historical note to section 121, ante, of this title. This section was derived from § 12 of Act April 26, 1910, c. 191, cited above. A further provision from this section, as originally enacted, will be found in section 124, post, of this title. § 124. Liability of principal for act of agent. When construing and enforcing the provisions of this chapter, the act, omission, or failure of any officer, agent, or other person acting for or employed by any corportation*, company, society, or association, within the scope of his employment or office, shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society, or association, as well as that of the other person. (Apr. 26, 1910, c. 191, § 12, 36 Stat. 335.) * "Corporation" misspelled. Historical Note See historical notes under §§ 121 and 123, ante, of this title. § 125. Manufacture of adulterated or misbranded articles prohibited; punishment. 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 chapter; 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 $200 for the first offense, and upon conviction for each subsequent offense be fined not to exceed $300, or sentenced to imprisonment for not to exceed one year, or both such fine and imprisonment, in the discretion of the court. (Apr. 26, 1910, c. 191, § 1, 36. Stat. 331.) Historical Note See historical note to section 121, ante, of this title. § 126. Transportation or sale of adulterated or misbranded articles prohibited; punishment; exception; articles for export. 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 chapter 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 a 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 chapter, 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 $200 for the first offense, and upon conviction for each subsequent offense not exceeding $300, 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 chapter 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 chapter. (Apr. 26, 1910, c. 191, § 2, 36 Stat. 331.) Notes of Decisions 1. "Introduction into state," etc.-This provision was not violated by shipping and delivering a certain insecticide for shipment from a point in New York to another point in the same state by a railroad passing through other states route to the destination, since "introduction" means the bringing into a state of the prohibited article in such a way that it may become a part of the general prop en erty in such state, and the mere passing of goods through the state en route to destination does not make them part of the general property of such states. U. S. v. Powers-Weightman-Rosengarten Co. (D. C. N. Y. 1913) 211 F. 169. 2. Intent as element of offense.-Absence of a fraudulent intent on the part of a shipper is no defense to proceedings for misbranding, in violation of the provisions of this chapter. U. S. v. Two Cases of Chloro-Naptholeum Disinfectant (D. C. Md. 1914) 217 F. 477. Cited without specific application.Parke, Davis & Co. v. U. S. (C. C. A. La. 1919) 255 F. 933. § 127. General rules and regulations; collection and examination of specimens. The Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce shall make uniform rules and regulations for carrying out the provisions of this chapter, 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 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. (Apr. 26, 1910, c. 191, § 3, 36 Stat. 331.) Historical Note As originally enacted, this section provided that the Secretary of Commerce and Labor should be one of those who were named therein as authorized to make uniform rules and regulations. But by Act March 4, 1913, c. 141, § 1, 37 Stat. 736, a Department of Labor was created and it was further provided that "the Department of Commerce and Labor shall hereafter be called the Department of Commerce and the Secretary thereof shall be called the Secretary of Commerce." Notes of Decisions Cited without specific application.-Parke, Davis & Co. v. U. S. (C. C. A. La. 1919) 255 F. 933. § 128. Examinations of specimens; notice to interested party and hearing; certification to district attorney; publication. The examination of specimens of insecticides, Paris greens, lead arsenates, and fungicides shall be made in the Department of Agriculture, by such bureau or bureaus as may be directed by the Secretary, for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this chapter; and if it shall appear from any such examination that any of such specimens are adulterated or misbranded within the meaning of this chapter, the Secretary of Agriculture shall cause notice thereof to be |