262 LAWS APPLICABLE TO DEPARTMENT OF AGRICULTURE. 



And if such article is condemned as being adulterated or mis- 

 branded, \vithin the meaning of this Act, the same shall be disposed 

 of by destruction or sale as the said court may direct, and the pro- 

 ceeds thereof, if sold, less the legal costs and charges, shall be paid 

 into the Treasury r/i 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^ hov^ever^ That upon the payment 

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

 of a good and sufficient 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 de- 

 mand trial by jury of any issue of fact joined in any such case, and all 

 such proceedings shall be at the suit of and in the name of the United 

 States. 



Act April 26, 1910. c. 191, s. 10, 36 Stat. 334. 



Examination of samples of insecticides, etc., and fungicides imported, etc., on 

 notice to owner or consignee; refusal of admission and delivery to con- 

 signee of articles adulterated or misbranded, or dangerous to health, or 

 forbidden entry or sale or restricted in sale in the country where made, 

 etc.; delivery of goods to consignee pending examination and decision on 

 bond, etc.; charges for storage, etc., on goods refused admission, and lien 

 therefor against subsequent importation. 



Sec. 11. That the Secretary of the Treasury shall deliver to the 

 Secretary of Agriculture, upon his request, from time to time, samples 

 of insecticides, Paris greens, lead areenates, and fungicides which are 

 being imported into the United States or offered for import, giving 

 notice thereof to the owner or consignee, who may appear before the 

 'Secretary of Agriculture and have the right to introduce testimony; 

 and if it appear from the examination of such samples that any 

 insecticide, or Paris green, or lead arsenate, or fungicide offered to 

 be imported into the United States is adulterated or misbranded 

 within the meaning of this Act. or is otherwise dangerous to the 

 health of the people of the United States, or is of a kind forbidden 

 entry into or forbidden to be sold or restricted in sale in the countr}' 

 in which it is made or from which it is exported, or is otherwise falsely 

 labeled in any respect, the said article shall be refused admission, and 

 the Secretary of the Treasury shall refuse delivery to the consignee 

 and shall cause the destruction or [of] any goods refused deliv- 

 ery which shall not Ik^ exported by the consignee within three months 

 from the date of notice of such refu.sal under such regulations as the 

 Secretaiy of the Treasury may prescribe: Provided^ That tlie Secre- 

 taiy of the Treasury may deliver to the consignee such goods pending 

 examination and decision in the matter on execution of a penal bond 

 for tiie amount of tiio full invoice value of such goods, together with 

 tlx' duty thereon, and on refusal to return such goods for any cause 

 to the custody of the Secretary of the Treasuiy, when demanded, for 

 tlie piirpo.se of excluding them from the country, or for any other 

 purjjose, said consignee shall forfeit the full amount of the bond: 

 And provided finther. That all ehaiges for .storage, cartage, and 



