June, '10] INSECTICIDE ACT OF 1910 279 



arsenate, or fungicide, or export or offer to export the same to any foreign 

 country, sliall be guiltj* of a misdemeanor, and for such offense be fined not 

 exceeding two hundred dollars for the first offense, and upon conviction for 

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

 not exceeding one year, or both, in the discretion of the court: Provided, 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 articles shall be in fact sold or offered for sale for domestic use or 

 consumption, then this proviso shall not exempt said article from the opera- 

 tion of any of the other provisions of this Act. 



Sec. 3. That the Secretary of the Treasury, the Secretary of Agriculture, 

 and the Secretary of Commerce and Labor shall make uniform rules and regu- 

 lations for carrying out the provisions of this Act, including the collection and 

 examination of specimens of insecticides, Paris greens, lead arsenates, and 

 fungicides manufactured or offered for sale in the District of Columbia or in 

 any Territory of the United States, or which shall be offered for sale in un- 

 broken packages in any State other than that in which they shall have been 

 respectively manufactured or produced, or which shall be received from any 

 foreign country or intended for shipment to any foreign country, or which 

 may be submitted for examination by the director of the experiment station 

 of any State, Territory, or the District of Columbia (acting under the direc- 

 tion of the Secretary of Agriculture), or at any domestic or foreign port 

 through which such product is offered for interstate commerce, or for export 

 or import between the United States and any foreign port or country. 



Sec. 4. That the examination of specimens of insecticides, Paris greens, 

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

 by such existing bureau or bureaus as may be directed by the Secretary, for 

 the purpose of determining 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 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 aforesaid. 



Sec. 5. That it shall be the duty of each district attorney to whom the 

 Secretary of Agriculture shall report any violation of this Act, or to whom any 

 director of experiment station or agent of any State, Territory, or the Dis- 

 trict of Columbia, under authority of the Secretary of Agriculture, shall pre- 

 sent satisfactory evidences of any such violation, to cause appropriate pro- 

 ceedings to be commenced and prosecuted in the proper courts of the United 

 States, without delay, for the enforcement of the penalties as in such case 

 herein provided. 



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, de- 



