INSECTICIDE AND FUXCilClDE BOARD. 1097 



HEARINGS. 



Section 4 of the Insecticide Act of 1910 is as follows: 



Sec. 4. That the examination of specimons of insecticides, Paris greens, lead 

 arsenates, and fungicides shall be made in the Department of Agriculture, by such 

 existing bureau or biireaus as may be directed by the Secretarj"-, for the purpose of 

 determining from such examination whether such articles are" adulterated or mis- 

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

 tion that any of such specimens are adulterated or misbranded within the meaning 

 of this act, the Secretary of Agriculture shall cause notice thereof to be given to the 

 party from whom such sample was obtained. Any party so notified shall be given 

 an opportunity to be heard, under such rules and regulations as may be prescribed 

 as aforesaid, and if it appears that any of the provisions of this act have been violated 

 by such party, then the Secretary of Agriculture shall at once certify the facts to 

 the proper United States district attorney, with a copy of the results of the analysis 

 or the examination of such article duly authenticated by the analyst or officer making 

 such examination, under the oath of such officer. After judgment of the court, notice 

 shall be given by publication in such manner as may be prescribed by the rules and 

 regulations afore said . 



By virtue of section 3 of the Insecticide Act of 1910 the duty of 

 malang uniform rules and regulations for carrying out the provisions 

 of the act devolves upon the Secretary of the Treasury, the Secretary 

 of Agriculture, and tne Secretary of Commerce and Labor. 



When an official sample of an insecticide or fungicide has been 

 found by the department to be adulterated or misbranded, before 



Erosecution can be begun, the law requires that the parties in interest 

 e given an opportunity to make a statement, either oral or written, 

 in person or by attorney. This is offieiaUy designated a "hearing." 

 The Rules and Regulations for Carrying Out the Provisions of the 

 Insecticide Act of 1910 provide that hearings shall be held before 

 the Secretary of Agriculture or such other person or persons as he 

 may direct. 



In conforniity, therefore, with the Insecticide Act of 1910 and 

 regulations issued thereunder, hearings were held in many of the 

 principal citi(\s throughout the United States in connection with 

 cases which had arisen under the law. The place of holding the 

 hearing in each case was selected with due regard to the convenience 

 of the parties cited and proper conservation of the interests of the 

 Government. Hearings may readily be divided into three classes: 

 Those accorded to original manufacturers, and those granted to 

 jobbers and to dealers. Respecting the first class, appearance is gen- 

 erally made either in person or b}" attorney. The facts of the cases 

 are thoroughly canvassed and a minute of the proceedings is taken, 

 which becomes part of the record in the case. Many matters of 

 detail enter into the holding of hearings, all of which have an impor- 

 tant bearing on the case and require thoughtful treatment. Dealers 

 from whom the official samples arc actual!}^ purchased and middle- 

 men (jobbers) are cited in the same mamier as manufacturers, but 

 answer the citations for the most part by tiffing out printed forms 

 containing collateral data pertaining to the interstate movement, 

 sale, and guaranty of the article, if guaranteed. Corroborative 

 evidence of their statements is submitt(>d in the form of invoices, 

 freight bills, written guaranties, etc. Upward of 200 formal hearings 

 were held during the year, of which 17 were conducted by the Insec- 

 ticide and Fungicide Board, and the remainder by chiefs of food 

 and drug inspection laboratories, and inspectors in charge of meat 



