June, '10] INSECTICIDE ACT OF 1910 381 



such package; third, if in package form, and the contents are stated in terms 

 of weight or measure, they are not phiinly and correctly 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 con- 

 tains arsenic in any of its combinations 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 it 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 correctly stated 

 on the label: Provided, however. That in lieu of naming and stating the per- 

 centage amount of each and every inert ingredient the producer may at his 

 discretion state plainly upon the label the correct names and percentage 

 amounts of each and every ingredient of the insecticide or fungicide having 

 Insecticidal or fungicidal properties, and make no mention of the inert ingre- 

 dients, 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, manu- 

 facturer, or other party residing in the United States, from whom he pur- 

 chased such articles, to the effect that the same is not adulterated 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 pai'ties 

 making the sale of such articles to such dealer, 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 any insecticide, Pax'is green, lead arsenate, or fungicide that 

 is adulterated or misbranded within the meaning of this Act and is being 

 transported from one State, Territory, or District, to another for sale, or, hav- 

 ing been transported, remains unloaded, unsold, or in original unbroken 

 packages, or if it be sold or offered for sale in the District of Columbia or any 

 Territory of the United States, or if it be imported from a foreign country for 

 sale, shall be liable to be proceeded against in any disti*ict court of the United 

 States within the district wherein the same is found and seized for confisca- 

 tion by a process of libel for condemnation. 



And if such article is condemned as being adulterated or misbranded, 

 within the meaning of this Act, the same shall be disposed of by destruction 

 or sale as the said court may direct, and the proceeds thereof, if sold, less the 

 legal costs and charges, shall be paid into the Treasury of the United States, 

 but such goods shall not be sold in any jurisdiction contrary to the provisions 

 of this Act or the laws of that jurisdiction: Provided, however, That upon the 

 payment of the costs of such libel proceedings and the execution and delivery 

 of a good and suflBcient bond to the effect that such articles shall not be sold 

 or otherwise disposed of contrary to the provisions of this Act or the laws 

 of any State, Territory, or District, the court may by order direct that such 

 articles be delivered to the owner thereof. The proceedings of such libel cases 

 shall conform, as near as may be, to the proceedings in admiralty, except that 

 either party may demand trial by jury of any issue of fact joined in any 



