THE MONTHLY BULLETIN. 345 



STATE INSECTICIDE AND FUNGICIDE LAW. 



[Approved May 1, 1911.] 



Section 1. That it shall be unlawful tor any person to manufacture within this 

 State any insecticide, paris green, lead arsenic, or fungicide which is adulterated 

 or misbranded within the meaning of this act ; 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 to exceed two hundred dollars for tlie first 

 offense, and upon conviction for each subsequent offense be fined not to exceed three 

 hundred dollars, or sentenced to imprisonment for not to exceed one year, or both 

 such fine and imprisonment, in the discretion of the court. Said fines and those 

 specified in section 2 of this act to be paid into the school fund of the county in 

 which conviction is had. 



Sec. 2. Any person who shall offer to deliver to any other person or any person 

 who shall sell or offer for sale in this State any such adulterated or misbranded 

 insecticide or paris green or lead arsenate or fungicide which is adulterated or 

 misbranded within the meaning of this act, or export or offer to export the same to 

 any foreign country shall be guilty of a misdemeanor, and for such offense be fined 

 not exceeding two hundred dollars for the first offen.se, and upon conviction for each 

 subsequent offense not exceeding three hundred dollars, or to be imprisoned not 

 exceeding one year, or both, in the discretion of the court ; iirovided, that no article 

 shall be deemed misbranded or adulterated within the provisions of this act when 

 intended for export to any foreign country and prepared or packed according to the 

 specifications or directions of the foreign purchaser ; but if said article shall be in 

 fact sold or offered for sale for domestic use or consumption, then this proviso shall 

 not exempt said article from the operation of any of the provisions of this act. 



Sec. 3. The examination of specimens of insecticides, paris greens, lead arsenates 

 and fungicides shall be made by the director of the agricultural experiment station 

 of the University of California in person or by deputy, for the purpose of determin- 

 ing from such examination whether such articles are adulterated or misbranded 

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

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

 this act, the said director 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 the rules and regulations adopted by the United States Govern- 

 ment for the enforcement of the national insecticide act of 1910, and if it appears 

 that any of the provisions of this act have been violated by such party, then the 

 said director shall at once certify the facts to the proper district attorney, with a 

 copy of the results of the analysis or the examination of such article duly authenti- 

 cated by the analyst or oflScer making such examination, under the oath of such 

 officer. After judgment of the court, notice shall be given by publication in such 

 manner as the said director may determine. 



Sec. 4. That it shall be the duty of each district attorney to whom the said 

 director shall report any violation of this act or present satisfactory evidences of any 

 such violation, to cause appropriate proceedings to be commenced and prosecuted in 

 the proper courts of the State of California without delay, for the enforcement of the 

 penalties as in such case herein provided. 



Sec 5 In any action, civil or criminal, in any court in this State, a certificate, 

 under the hand of said director, and the seal of said university, stating the results 

 of any analysis purporting to have been made under the provisions of this act, shall 

 be prima facie evidence of the fact that the sample or samples mentioned in said 

 analysis or certificate were properly analyzed as in this act provided; that the sub- 

 stances analyzed contained the component parts stated in such certificate and 

 analysis; and that the samples were taken from the parcels or packages or lots 

 mentioned or described in said certificate. 



Sec 6 That the term "insecticide" as used in this act shall include any substance 

 or mixture of substances intended to be used for preventing, destroying, repelling or 

 mitigating any insects which may infest vegetation, man or other animals, or house- 

 holds or be present in any environment whatsover. The term "pans green as 

 used in this act shall include the product sold in commerce as pans green and chem- 

 ically known as the aceto-arsenite of copper. The term "lead arsenate as used m 

 this act shall include the product or products sold in commerce as lead arsenate and 

 consisting chemically of products derived from arsenic acid (H3ASO4) 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 tor pre- 

 venting, destroying, repelling, or mitigating any and all fungi that may infest vege- 

 tation or be present in any environment whatsoever. 



Sec. 7. That for the purpose of this act an article shall be deemed to be 

 adulterated — 



