INSECTICIDE ACT OF I'JlO. 261 



they are not plainly and correctly stated on the outside of the 

 package. 



Insecticides (other than Paris greens and lead arsenates) and fungicides. 



In the case of insecticides (other than Paris greens and lead arse- 

 nates) and fungicides: First, if it contains arsenic in any of its com- 

 binations 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 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 partiall}' or completely of an inert sub- 

 stance 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 plainlj^ and correctly 

 stated on the label: Provided, however^ That in lieu of naming and 

 stating the percentage amount of each and every inert ingredient the 

 producer may at his discretion state plainly upon the label the cor- 

 rect names and percentage amounts of each and every ingredient of 

 the insecticide or fungicide having insecticidal or fungicidal proper- 

 ties, and make no mention of the inert ingredients, except in so far 

 as to state the total percentage of inert ingredients present. 



Act April 26, 1910. c. 191, s. 8. 36 Stat. 333. 



Guaranty signed by wholesaler, jobber, manufacturer, etc., as protection to 

 dealer from prosecution under provisions of act. 



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

 this Act when he can establish a guaranty signed by the Avholesaler, 

 jobber, manufacturer, or other party residing in the United States, 

 from whom he purchased 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 parties 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. 



Act April 26, 1910, c. 191, s. 9, 36 Stat. 334. 



Seizure of articles adulterated or misbranded within act, in interstate or foreign 

 commerce, etc., for condemnation; disposition of articles condemned and of 

 proceeds thereof; delivery to owner on bond, etc.; proceedings for seizure 

 and condemnation. 



Sec. 10. That any insecticide. Paris green, lead arsenate, or fungi- 

 cide 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, having 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 district court of the United 

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

 confiscation by a process of libel for condemnation. 



