34 SIXTEENTH BIENN IAL REPORT 



where the offense is committed to Institute proper criminal proceedings against 

 any person or persons. firm or Corporation, so manufacturing, selling or offering 

 for sale any such misliranded, adulterated or fraudulent article as set fortli in 

 Sections 8894 and 8895. [L. 1911, Cliap. 205, See. 3.] 



§ 8897. Definition of Terms. That tlie terra "insecticide" as used in tliis act 

 shall include any substance or mixture of substances intended to be used for 

 preventing, destroying, repelling, or mitigating any insects whicli may infest 

 Vegetation, man or other animals, or liouseliolds, or be present in any environ- 

 ment wliatsoever. Tlie term "Paris green" as used in tliis act stiall include the 

 product sold in commerce as Paris green and cliemically known as tlie aceto- 

 arsenite of copper. The term "lead arsenate" as used in tliis act shall include 

 the product or products sold in commerce as lead arsenate and consisting 

 chemically of products derived from arsenic acid (H3As04) by replacing one 

 or more hydrogen atoms by lead. That the term "fungicide" as used in this 

 act 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 wliatsoever. [L. 1911, Chap. 

 205, See. 4.] 



§ 8898. What Constitutes Adulterated Paris Green, etc. That for the purpose 

 of this act an article shall be deemed to be adulterated— 



In the case of Paris green : First, if it does not contain at least 50 per 

 eentum of arsenious oxide; second, if it contains arsenic in water-soluble forms 

 equivalent to more than tliree and one-half per eentum of arsenious oxide ; tliird, 

 if any substance lias Ijeen mixed and packed witli it so as to reduce or lower 

 or injuriously affect its quality or strength. 



In the case of lead arsenate: First, if it contains more than 50 per eentum 

 of water ; second, if it contains total arsenic equivalent to less than 12 per 

 eentum of arsenic oxide (As205) ; third, if it contains arsenic in water-soluble 

 forms equivalent to more than seventy-five one huadredths per eentum of arsenic 

 oxide (As205) ; fourth, if any substances have been mixed and packed with it 

 so as to reduce, lower, or injuriously affect its quality or strength ; provided, 

 however, that extra water may be added to lead arsenate (as described in this 

 Paragraph) if the resulting mixture is labeled lead arsenate and water, the 

 pereentage of extra water lieing plainly and correetly stated on the label. 



In the case of insectieides or fungieides, other than Paris green and lead 

 arsenate : First, if its strength or purity falls below the professed Standard or 

 quality under wliich it is sold ; second, if any substance has been substituted 

 wholly or in part for the article; third, if any valuable constituent of the article 

 has been wholly or in part abstracted ; fourth, if it is intended for use on Vege- 

 tation and shall contain any substances which, although preventing, destroying, 

 repelling or mitigating insects, shall be injurious to such Vegetation when used. 



§8899. What Deemed Misbranded Paris Green, etc. That the term "mis- 

 branded" as used herein shall apply to all insectieides, Paris greens, lead arsenates 

 or fungieides. or artieles which enter into the composition of insectieides or 

 fungieides, the paekage or label of which shall bear any Statement.- design. or 

 deviee regarding such article or the ingredients or substances contained Hierein 

 which shall be false or misleading in any particular, and to all insectieides, 

 Paris greens, lead arsenates, or fungieides which are falsely branded. 



That for the purpose of this act an article shall be deemed to be misbranded — 

 In the case of insectieides, Paris greens, lead arsenates and fungieides : First, 

 if it be an Imitation or offered for sale under the name of another article ; 

 second. if it be lalieled or In-anded so as to deeeive or mislead the purchaser, or 

 if the Contents of the paekage as orginally put up shall have been removed in 

 whole or in part and other contents shall have been placed in the paekage ; third. 



