REPORT OF THE SECRETARY OF AGRICULTURE. 53 



should be extended to cover false and misleading statements, designs, 

 €tc., in the circulars or in the advertisin"; matter accompanying pack- 

 ages of insecticides and fungicides, as well as the statements upon the 

 package or label itself, and the misbranding provisions should be 

 made clearly applicable to inert substances which do not of them- 

 selves, or in combination with other ingredients of the particular 

 article, prevent, destroy, or repel insects or fungi. 



THE GRAIN-STANDARDS ACT. 



The act prohibits (section 4), under penalty, the interstate ship- 

 ment of grain by grade from or to an inspection point vmless it 

 has been inspected and graded by a licensed inspector. It also for- 

 bids (section 5), but without a penalt}'^, the representation of any 

 ^rain as of a grade other than that shown in the certificate issued 

 under the act. As a result, a person who ships or sells grain by grade 

 without the required inspection and grading is guilty of a criminal 

 offense, while one who complies with the inspection requirement 

 but misrepresents the grade, thereby defrauding his customer, is 

 not. The only punishment in the latter case is the business injury 

 resulting from the publication of the facts by the department. It 

 «eems clear, in the circumstances, that the penalty provided by 

 section 9 of the act should be extended to cover misrepresentation 

 of grades, including the alteration of official certificates. Specific 

 authority also should be given for the publication of the findings 

 of the department relating to false grading. 



Under the act as it now stands, appeals respecting the grade 

 of grain can be taken or referred to the Secretary of Agriculture 

 only where the grain involved has entered interstate commerce. 

 This restriction should be removed so that all persons dealing in 

 grain who desire to avail themselves of the provisions of the act 

 may be permitted to do so ; and the present requirement that all in- 

 terested parties other than those joining in an appeal must be named 

 as respondents in the complaint should be omitted. The n/^mrntp 

 determination of an appeal depends solely upon a proper examina- 

 tion of the grain, accompanied by tests of correct and representative 

 samples, and such safeguards have been thrown around the collection 

 of samples and the conduct of tests that the right to be heard does 

 not aid in the determination of the true grade in any way. 



FOOD PRODUCTS INSPECTION LAW. 



The food products inspection law, at present, is limited in its 

 operation to products shipped in interstate commerce. This limita- 

 tion should be removed. The service authorized by the law is wholly 

 permissive and in no way regulatory or mandatory and, therefore, 



