INSECTICIDE ACT OF 1910. 259 



directed by the Secretary, for the purpose of determining from suck 

 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 mis- 

 branded within the meaning of this Act, the Secretary of Agriculture 

 shall cause notice thereof to be given to the party from wnom such 

 sample was obtained. Any party so notified shall be given an oi>- 

 portunity to be heard, uncler 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 bv 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. 



Act April 20, 1910, c. 191, s. 4. 36 Stat. 332. 



Duty of district attorneys to prosecute for violations of act. 



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 District of Columbia, under authority of the Secre- 

 tary of Agi'iculture, shall present satisfactory evidences of any such 

 violation, to cause appropriate proceedings 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- 

 Act April 26, 1910, c. 191. s. 5, 36 Stat. 332. 



Definition of terms " insecticide," " Paris grreen," " lead arsenate," and " fungi- 

 cide," as used in act. 



Sec. 6. That the term " insecticide " as used in this Act shall in- 

 clude 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 households, or be 

 present in any environment whatsoever. The term " Paris green " 

 as used in this Act shall include the product sold in commerce aa 

 Paris green and chemically known as the aceto-arsenite of copper. 

 The term " lead arsenate " as used in this Act shall include the prod- 

 uct or products sold in commerce as lead arsenate and consisting 

 chemically of products derived from arsenic acid (HgAsO^) by re- 

 placing one or more hydrogen atoms by lead. That the term " fungi- 

 cide " as used in this Act shall include any substance or mixture of 

 substances intended to be used for preventing, destroying, repelling, 

 or mitigating any and all fungi that may infest vegetation or be 

 present in any environment whatsoever. 



Act April 26, 1910, c. 191. s. 6, 36 Stat. 332. 

 Articles deemed adulterated. 



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

 to be adulterated — 



Paris green. 



In the case of Paris gi'een : First, if it does not contain at least 

 fifty per centum of arsenious oxide ; second, if it contains arsenic in 



