shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach in due course to the dealer under the provisions of this chapter. (Apr. 26, 1910, c. 191, § 9, 36 Stat. 334.)

§ 133. Seizure and condemnation of adulterated or misbranded articles; disposition of articles or proceeds; procedure; jury trial. Any insecticide, Paris green, lead arsenate, or fungicide that is adulterated or misbranded within the meaning of this chapter and is being transported from one State, Territory, or District, to another for sale, or, having been transported, remains unloaded, unsold, or in original unbroken packages, or if it be sold or offered for sale in the District of Columbia or any Territory of the United States, or if it be imported from a foreign country for sale, shall be liable to be proceeded against in any district court of the United States within the district wherein the same is found and seized for confiscation by a process of libel for condemnation. And if such article is condemned as being adulterated or misbranded, within the meaning of this chapter, the same shall be disposed of by destruction or sale as the said court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States, but such goods shall not be sold in any jurisdiction contrary to the provisions of this chapter or the laws of that jurisdiction: Provided, however, That upon the payment of the costs of such libel proceedings and the execution and delivery of a good and sufficient bond to the effect that such articles shall not be sold or otherwise disposed of contrary to the provisions of this chapter or the laws of any State, Territory, or District, the court may by order direct that such articles be delivered to the owner thereof. The proceedings of such libel cases shall conform, as near as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any such case, and all such proceedings shall be at the suit of and in the name of the United States. (Apr. 26, 1910, c. 191, § 10, 36 Stat. 334.)

Cross-References

As to what constitutes adulteration, or misbranding within the meaning of this chapter, see sections 130, 131, ante, of this title.

Notes of Decisions

1. Pleading fraudulent intent.-In a case arising out of a seizure under this sec

tion, it was held that absence of fraudulent intent on the part of the shipper was

not a defense to proceedings under this chapter; therefore an allegation that the misbranding words were intended to convey a false meaning was immaterial. U. S.

V. Two Cases of Chloro-Naptholeum Disinfectant (D. C. Md. 1914) 217 F. 477.

See, also, generally as to condemnation, U. S. v. Two Cases of Sulpho-Napthol (D. C. Md. 1914) 213 F. 519.

§ 134. Importation of articles; examination of samples; exclusion if adulterated, etc.; destruction or exportation; provisional delivery to consignee; bond; charges and lien. The Secretary of the Treasury shall deliver to the Secretary of Agriculture, upon his request, from time to time, samples of insecticides, Paris greens, lead arsenates, and fungicides which are being imported into the United States or offered for import, giving notice thereof to the owner or consignee, who may appear before the Secretary of Agriculture and have the right to introduce testimony; and if it appear from the examination of such samples that any insecticide, or Paris green, or lead arsenate, or fungicide offered to be imported into the United States is adulterated or misbranded within the meaning of this chapter, or is otherwise dangerous to the health of the people of the United States, or is of a kind forbidden entry into or forbidden to be sold or restricted in sale in the country in which it is made or from which it is exported, or is otherwise falsely labeled in any respect, the said article shall be refused admission, and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any goods refused delivery which shall not be exported by the consignee within three months from the date of notice of such refusal under such regulations as the Secretary of the Treasury may prescribe: Provided, That the Secretary of the Treasury may deliver to the consignee such goods pending examination and decision in the matter on execution of a penal bond for the amount of the full invoice value of such goods, together with the duty thereon, and on refusal to return such goods for any cause to the custody of the Secretary of the Treasury, when demanded, for the purpose of excluding them from the country, or for any other purpose, said consignee shall forfeit the full amount of the bond: And provided further, That all charges for storage, cartage, and labor on goods which are refused admission or delivery shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any future importation made by such. owner or consignee. (Apr. 26, 1910, c. 191, § 11, 36 Stat. 334.)

Sec.

CHAPTER 7.-INSECT PESTS GENERALLY

141. Transportation or removal of insect pests prohibited.

142. Mailing parcels, etc., containing insect pests; punishment.

143. Regulations for mailing, transportation, etc., for scientific purposes.

Sec.

144. Punishment for unlawful transportation or removal.

145. Mexican pink bollworm; establishment of zones free from cotton culture; cooperation with Mexican officials.

Section 141. Transportation or removal of insect pests prohibited. No railroad, steamboat, express, stage, or other transportation company shall knowingly transport from one State or Territory into any other State or Territory, or from the District of Columbia into a State or Territory, or from a State or Territory into the District of Columbia, or from a foreign country into the United States, the gypsy moth, brown-tail moth, leopard moth, plum curculio, hop plant louse, boll weevil, or any of them in a live state, or other insect in a live state which is notoriously injurious to cultivated crops, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees; or the eggs, pupæ, or larvæ of any insect injurious as aforesaid, except when shipped for scientific purposes under the regulations hereinafter provided for; nor shall any person remove from one State or Territory into another State or Territory, or from a foreign country into the United States, or from a State or Territory into the District of Columbia, or from the District of Columbia into any State or Territory, except for scientific purposes under the regulations hereinafter provided for, the gypsy moth, brown-tail moth, leopard moth, plum curculio, hop plant louse, boll weevil, or any of them in a live state, or other insect in a live state which is notoriously injurious to cultivated crops, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees; or the eggs, pupæ, or larvæ of any insect injurious as aforesaid. (Mar. 3, 1905, c. 1501, § 1, 33 Stat. 1269.)

§ 142. Mailing parcels, etc., containing insect pests; punishment. Any letter, parcel, box, or other package containing the gypsy moth, brown-tail moth, leopard moth, plum curculio, hop plant louse, boll weevil, or any of them in a live state, or other insect in a live state which is notoriously injurious to cultivated crops, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees, or any letter, parcel, box, or package which contains the eggs, pupæ, or larvæ of any insect injurious as aforesaid, whether sealed as first-class matter or not, is hereby declared to be nonmailable matter, except when mailed for scientific purposes under the regulations hereinafter provided for, and shall not be conveyed in the mails, nor delivered from any post office, nor by any letter carrier, except when mailed for scientific purposes under the regulations hereinafter provided for; and any person who shall knowingly deposit, or cause to be deposited, for mailing or delivery, anything declared by this section to be nonmailable matter, or cause the same to be taken from the mails for the purpose of retaining, circulating, or disposing of, or of aiding in the retention, circulation, or disposition of the same shall, for each and every offense, be fined, upon conviction thereof, not more than $5,000 or imprisoned at hard labor not more than five years, or both, at the discretion of the court: Provided, That nothing in this chapter shall authorize any person to open any letter or sealed matter of the first class not addressed to himself. (Mar. 3, 1905, c. 1501, § 2, 33 Stat. 1270.)

Historical Note

The mailing of packages containing any plant or plant product into a state maintaining terminal inspection thereof, without marking the contents of such package on the outside, is prohibited and failure

so to mark, punishable by a fine of not more than $100 by § 166, post, of the title. See historical note to § 141, ante, of this title.

§ 143. Regulations for mailing, transportation, etc., for scientific purposes. It shall be the duty of the Secretary of Agriculture, and he is hereby authorized and directed to prepare and promulgate rules and regulations under which the insects covered by sections 141 and 142 of this chapter may be mailed, shipped, transported, delivered, and removed, for scientific purposes, from one State or Territory into another State or Territory, or from the District of Columbia into a State or Territory, or from a State or Territory into the District of Columbia, and any insects covered by sections 141 and 142 of this chapter may be so mailed, shipped, transported, delivered, and removed, for scientific purposes, under the rules and regulations of the Secretary of Agriculture: Provided, That the rules and regulations of the Secretary of

Agriculture, in so far as they affect the method of mailing insects, shall be approved by the Postmaster General, and nothing in this chapter shall be construed to prevent any State from making and enforcing laws in furtherance of the purposes of this chapter, prohibiting or regulating the admission into that State of insects from a foreign country. (Mar. 3, 1905, c. 1501, § 3, 33 Stat. 1270.)

§ 144. Punishment for unlawful transportation or removal. Any person, company, or corporation who shall knowingly violate the provisions of section 141 of this chapter shall, for each offense, be fined, upon conviction thereof, not more than $5,000 or imprisoned at hard labor not more than five years, or both, at the discretion of the court. (Mar. 3, 1905, c. 1501, § 4, 33 Stat. 1270.)

§ 145. Mexican pink bollworm; establishment of zónes free from cotton culture; cooperation with Mexican officials. On account of the menace to cotton culture in the United States arising from the existence of the pink bollworm in Mexico, the Secretary of Agriculture, in order to prevent the establishment and spread of such worm in Texas and other parts of the United States, is authorized to make surveys to determine its actual distribution in Mexico; to establish, in cooperation with the States concerned, a zone or zones free from cotton culture on or near the border of any State or States adjacent to Mexico; and to cooperate with the Mexican Government or local Mexican authorities in the extermination of local infestations near the border of the United States. (Oct. 6, 1917, c. 79, § 1, 40 Stat. 374.)

Historical Note

This was a provision of the urgent deficiency appropriation act for the fiscal year 1918 and prior fiscal years, "on account of war expenses, and for other purposes," cited above.

It should be noted that the Plant Quarantine Act of Aug. 20, 1912, c. 308, 37 Stat. 315, referred to in the following note, is chapter 8 of this title, which chapter also should be read in connection with this note.

The Agriculture Department appropriation act, for the year 1926, Act Feb. 10, 1925, c. 200, 43 Stat. 830, contains the following provisions:

"Bureau of Plant Industry. For conducting such investigations of the nature and means of communication of the disease of citrus trees known as citrus canker, and for applying such methods of

eradication or control of the disease as in the judgment of the Secretary of Agriculture may be necessary, including the payment of such expenses and the employment of such persons and means, in the city of Washington and elsewhere, and cooperation with such authorities of the States concerned, organizations of growers, or individuals, as he may deem necessary to accomplish such purposes, $48,630, and, in the discretion of the Secretary of Agriculture, no expenditures shall be made for these purposes until a sum or sums at least equal to such expenditures shall have been appropriated, subscribed, or contributed by State, county, or local authorities, or by individuals or organizations for the accomplishment of such purposes: Provided, That no part of the money herein appropriated shall be used to pay the cost