HORTICULTURAL LAWS. 133 



PROHIBITING SÄLE OF MISBRANDED INSECTICIDES AND 



FUNGICIDES. 



Be it enacted by the People of the State of Oregon: 



Section 1. That it shall be unlawful for any person, or persons, firm 

 or corporation, to manufacture within the State of Oregon, any insecti- 

 cide, Paris green, lead arsenate, or fungicide which is adulterated or 

 misbranded within the meaning of this act, for use or sale within or 

 without the State of Oregon; 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 less than fifty dollars ($50) nor 

 more than two hundred dollars (§200) for the first offense, and upon 

 conviction for each subsequent offense be fined not less than one hundred 

 dollars ($100) nor more than three hundred dollars ($300), or sentenced 

 to imprisonment in the county jail for not less than thirty days nor more 

 than ninety days for the first offense, and not less than ninety days 

 for the second effense, upon conviction, nor more than six months, or 

 both such fine and imprisonment, in the discretion of the court. 



Section 2. That it shall be unlawful for any person or persons, firm 

 or corporation, to seil, or offer for sale, within the State of Oregon, any 

 insecticide, Paris green, lead arsenate, or fungicide which is adulterated 

 or misbranded within the meaning of this act; and any person or 

 persons, firm or corporation, who shall violate any of the provisions of 

 this section shall be deemed guilty of a misdemeanor, and upon conviction 

 thereof, shall be fined or imprisoned, or both, as is provided in Section 1 

 of this act. 



Section 3. That the examination of specimens of insecticides, Paris 

 green, lead arsenates, and fungicides shall be made by the chemist of 

 the Oregon Agricultural College, at Corvallis, Oregon, or the State Board 

 of Health, at Portland, Oregon, or by the chemist of the University of 

 Oregon, at Eugene, Oregon, for the purpose of determining from such 

 examination whether such article or articles are adulterated or mis- 

 branded within the meaning of this act; and if it shall appear from any 

 such examination that any of such specimens are adulterated or mis- 

 branded within the meaning of this act, it shall be the duty of the 

 prosecuting attorney within the district 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 misbranded, adulterated or fraudulent article as set forth in 

 Sections 1 and 2 of this act. 



Section 4. That the term "insecticide" as used in this act shall include 

 any substance or mixture of substances intended to be used for pre- 

 venting, 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 act 

 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 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 



