3-46 THE MONTHLY BULLETIN. 



In case of paris green : first, if it does not contain at least fifty per rentum of 

 arsenious oxide ; second, if it contains arsenic in water-soluble forms equivalent to 

 more than three and one half per centum of arsenious oxide ; third, if any substance 

 has been mixed and packed with it so as to reduce or lower or injuriously affect its 

 ciuality or strength. 



In the case of lead arsenate : first, if It contains more than fifty per centum of 

 water ;■ second, if it contains total arsenic equivalent to less than twelve and one 

 half per centum of arsenic oxide (AsoO^) ; third, if it cnotains arsenic in water- 

 soluble forms equivalent to more than seventy-five one-hundredths per centuin of 

 arsenic oxide (AsoOj) ; fourth, if any substances have been mixed and packed with 

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

 hoivever, 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 per- 

 centage of extra water being plainly and correctly stated on the label. 



In the case of insecticides or fungicides, other than paris green and lead arsenate : 

 first, if its strength or purity fall below the professed standard or quality under 

 which 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 vegetation and shall contain any 

 substance or substances which, although preventing, destroying, repelling, or miti- 

 gating insects, shall be injurious to such vegetation when used. 



Sec. 8. That the term "niisbranded" as used herein shall apply to all insecticides, 

 paris greens, lead arsenates, or fungicides or articles which enter into the composition 

 of insecticides oi' fungicides, the package or label of which shall bear any statement, 

 design or device regarding such article or the ingredients or substances contained 

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

 paris greens, lead arsenates, or fungicides which are falsely branded as to the state, 

 territory, or country in which they are manufactured or produced. 



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



In the case of insecticides, paris greens, lead arsenates, and fungicides : fi7-st, if it 

 be an imitation or offered for sale under the name of another article ; second, if it be 

 labeled or branded so as to deceive or mislead the purchaser, or if the contents of 

 the package as originally put up shall have been removed in whole or in part and 

 other contents shall have been placed in such package ; third, if in package form, and 

 the contents are stated in terms of v/eight or measure they are not plainly and cor- 

 rectly stated on the outside of the package. 



In the case of insecticides (other than paris greens and lead arsenates) and 

 fungicides : first, if it contains arsenic in any of its combinations or in the elemental 

 form and the total amount of arsenic present (expressed as per centum of metallic 

 arsenic) is not stated on the label ; second, if it contains arsenic in any of its com- 

 binations or in the elemental form and the amount of arsenic in water-soluble forms 

 (expressed as per centum of metallic arsenic) Is not stated on the label; third, if i.t 

 consists partially or completely of an inert substance or substances which do not 

 prevent, destroy, repel or mitigate insects or fungi and does not have the names and 

 percentage amounts of each and every one of such inert ingredients plainly and cor- 

 rectly stated on the label ; provided, hoivever, that in lieu of naming and stating the 

 percentage amount of each and every inert ingredient the producer may at his dis- 

 ci-etion state plainly upon the label the correct names and pecrentage amounts of 

 each and every ingredient of the insecticide or fungicide having insecticidal or fungi- 

 cidal properties, and make no mention of the inert ingredients, except in so far as to 

 state the total percentage, of inert ingredients present. 



Sec. 9. That no dealer shall be prosecuted under the provisions of this act when 

 he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other 

 party from whom he purchased such articles, to the effect that the same is not adul- 

 terated or misbranded within the meaning of this act, designating it. Said guaranty 

 to afford protection shall contain the name and address of the party or parties mak- 

 ing the sale of such articles to such dealer, and an itemized statement showing the 

 'articles purchased ; or a general guaranty may be filed with the secretary of the 

 United States department of agriculture by the manufacturer, wholesaler, jobber or 

 other party in the United States and be given a serial number, which number shall 

 appear on every package of insecticide or fungicide sold under such guaranty with 

 the words "guaranteed by" (the name of the guarantor) under the insecticide act of 

 1910 ; and in such case said party or parties shall be amenable to the prosecutions, 

 fines, and other penalties which would attach in due course to the dealer under the 

 provisions of this act. 



Sec. 10. That the word "per.son" as used in this act shall be construed to mean 

 both the plural and the singular, as the case demands, and shall include corporations, 

 companies, societies and associations. When construing and enforcing the provisions 

 of this act, the act, omission or failure of any officer, agent, or other per.son acting 

 for or employed by any corporation, company, society or associatin, within the scope 

 of his employment or office, shall in every case be also deemed to be the act. omission, 

 or failure of such corporation, company, society, or association, as well as that of the 

 other person. 



