258 LAWS APPLICABLE TO DEPARTMENT OF AGRICULTURE. 



foreign country, of any insecticide, or Paris green, or lead arsenate, 

 or fungicide which is adulterated or misbranded within the mean- 

 ing of this Act is hereby prohibited; and any person who shall ship 

 or deliver for shipment from any State or Territory or the District 

 of Columbia to any other State or Territory or the District of 

 Columbia, or to a foreign country, or who shall receive in any State 

 or Territory or the District of Columbia from any other State or 

 Territory or the District of Columbia, or foreign country, and hav- 

 ing so received, shall deliver, in original unbroken packages, for pay 

 or otherwise, or offer to deliver, to any other person, any such 

 article so adulterated or misbranded within the meaning of this 

 Act, or any person who shall sell or otTer for sale in the District of 

 Columbia or any Territory of the United States any such adulterated 

 or misbranded insecticide, or Paris green, or lead arsenate, or fungi- 

 cide, 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 offense, and upon con- 

 viction for each subsequent offense not exceeding three hundred dol- 

 lars, or be imprisoned not exceeding one year, or both, in the dis- 

 cretion 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 ot the foreign pur- 

 chaser; 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 operation of any of the other provisions of this 

 Act. 



Act April 2G, 1910, c. 191. 8. 2. 36 Stat. 331. 



Begnlatlons for carrying out provisions of act; collection and examination of 

 ipecimens of insecticides, etc., and fungicides. 



Sec. 8. That the Secretary of the Treasury, the Secretary of Agri- 

 culture, and the Secretary of Commerce and Labor shall make uni- 

 form rules and regulations for carrying out the provisions of this 

 Act, including the collection and examination of specimens of insecti- 

 cides, 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 unbroken pack- 

 ages in any State other than that in which they .shall have been re- 

 spectivelv manufactured or produced, or which shall be received from 

 an}' foreign country or intended for shipment to any foreign country, 

 or which may be submitted for examination by the director of the ex- 

 perintent station of any State, Territory, or the District of Columbia 

 (acting under the direction 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. 



Act April 26. 1910, c. 191, s. 3, 36 Stat. 331. 



Making of examinations of specimens of insecticides, etc., and fungicides; notice 

 of adulteration or misbranding to party, and hearing thereon; certification 

 of violations of act to district attorneys; notice by publication of judgment 

 of court. 



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

 greens, lead arsenates, and fungicides shall be made in the Depart- 

 ment of Agriculture, by such existing bureau or bureaus as may be 



