190 



than $1,000 or imprisoned for not more than one 

 year, or both such fine and imprisonment: Provided, 

 That an offense committed more than five years after 

 the last previous conviction shall be considered a 

 first offense. An article the registration of which 

 has been terminated may not again be registered 

 unless the article, its labeling, and other material 

 required to be submitted appear to the Administrator 

 to comply with all the requirements of sectioivs 135 to 

 135k of this title. 



(c) Notwithstanding any other provision of this 

 section. In case any person, with intent to defraud, 

 uses or reveals information relative to formulas of 

 products acquired under the authority of section 135b 

 of this title, he shall be fined not more than $10,000 

 or imprisoned for not more than three years, or both 

 such fine and Imprisonment. 



(d) When construing and enforcing the provisions 

 of sections 135 to 1351c of this title, the act, omission, 

 or failure, of any ofllcer. agent, or other person act- 

 ing for or employed by any person shall in every case 

 be also deemed to be the net. omission, or failure of 

 such person as well as that of the person employed. 

 (June 25. 1947, ch. 125, 18, CI Stat. 170; May 12. 

 19G4, Pub. L. 88-305, §5, 78 Stat. 193; 1970 Reorg. 

 Plan No. 3. §2(a)(8)(i), elf. Dec. 2, 1970. 35 P.R. 

 15623, 84 Stat. 2084.) 



§135g. Seizures; disposition; costs against claimant. 



(a) Any economic poison or device that is being 

 transported from one State. Territory, or District 

 to another, or. having been transported, remains un- 

 sold or in original unbroken packages, or that is sold 

 or ofTcrcd for sale in the Di.strict of Columbia or any 

 Territory, or that is impoi led from a foreign country, 

 shall be liable to be pi Decoded against in any district 

 court of the United Stales in the district where it 

 Is found and seized for confiscation by a i)rocess of 

 libel for condemnation — 



(1) In the case of an economic poison — 



(a) if it is adulterated or misbr;inded; 



(b) if it is not registered pursuant to the 

 provisions of section 135b of this title; 



(c) If it fails to bear on its label the Infonna- 

 Uon required by sections 135 to 135k of this title; 

 or 



(d) If It is ft white powder economic poison 

 and is not colored as required under said sec- 

 tions; or 



<2) in the case of a device If it is mlsbranded. 



(b) If the article is condemned it shall, after entry 

 of the decree, be disposed of by destruction or sale 

 as the court may direct and the proceeds, if sold, less 

 the legal costs, shall be paid into the Treasury of 

 the United States, but Uie article shall not be sold 

 contrai-y to the provisions of sections 135 to 135k of 

 this title or of the laws of the jurisdiction in which 

 it is sold: Provided. That upon the payment of the 

 costs of the libel proceedings and the execution and 

 delivery of a good and sufficient bond conditioned 

 that the article shall not be sold or otherwise disposed 

 of contrary to the provisions of said sections or the 

 laws of any Stale. Territory, or District in which 

 sold, the court may direct that such articles be deliv- 

 ered 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 case, and all such proceedings shall be at the 

 suit of and in the name of the United States. 



(c) When a decree of condemnation is entered 

 against the article, court costs and fees, storage, 

 and other proper expenses shall be awarded against 

 the person, if any. intervening as claimant of the 

 article. (June 25, 1947. ch. 125, § 9. 61 Stat. 170; 

 May 12. 1964. Pub. L. 88-305, § 6, 78 Stat. 193.) 



Amendments 

 1964 — Subsec (a)(1)(b). Pub. L. 88-305 substituted 

 "is not registered" for "has not been registered." 



§ IS.*!!!. Imports; prohibition against delivery; penal 

 bonds; imposition of costs; liens. 



The Secretary of the Treasury shall notify the 

 Administrator of the arrival of economic poisons and 

 devices offered for importation and shall deliver to 

 the Administrator, upon his request, samples of eco- 

 nomic poisons or devices whicli are being imported or 

 offered for import into the United States, giving 

 notice to the owner or consignee, who may appear 

 before the Administrator and have the right to intro- 

 duce testimony. If it appears from the examination 

 of a sample that It Is adulterated, or mlsbranded or 

 otherwise violates the prohibitions set forth In sec- 

 tions 135 to 135k of this title, or is otherwise danger- 

 ous to the health of the people of the United Slates, 

 or is of a kind forbidden entry into or forbidden to 

 be sold or restricted in sale in the country in which it 

 is made or from which it is exported, the said article 

 may be refused admission, and the Secretary of the 

 Treasury shall refuse delivery to the consignee and 

 shall cause the destruction of any goods refused de- 

 livery which shall not be exported by the consignee 

 within three months from the date of notice of such 

 refusal under such regulations as the Secretary of the 

 Treasury may prescribe: Provided, That the Secre- 

 tary of the Treasury may deliver to the consignee 

 such goods pending examination and decision in the 

 matter on execution of a penal bond for the amount 

 of the full invoice value of such goods, together with 

 the duty thereon, and on refusal to return such goods 

 for any cause to the custody of the Secretary of the 

 Treasury, when demanded, for the purpose of exclud- 

 ing them from the country, or for any other purpose, 

 said consignee shall forefeit the full amount of the 

 bond: And provided further. That all charges for 

 storage, cartage, and labor on goods which are re- 

 fused admission or delivery shall be paid by the 

 owner or consignee, and in default of such payment 

 shall constitute a lien against any future importa- 

 tion made by such owner or consignee. (June 25, 

 1947. ch. 125, § 10, 61 Stat. 171; 1970 Reorg, Plan 

 No. 3. § 2(a) (8) (1) . eff. Dec. 2. 1970, 35 PR. 15623. 84 

 Stat. 2086.) 

 § ]3r>i. Drlcgat ion of duties. 



All authority vested in the Administrator by virtue 

 of the provisions of sections 135 to 135k of this title 

 may with like force and effect be executed by such 



