1224 
In the case of insecticides or fungicides, 
other than Paris green and lead arsenate: 
First, if its strength or purity fall below 
the professed standard or quality un- 
der which it is sold; second, if any sub- 
stance has been substituted; third, if any 
valuable constituent of the article has 
been abstracted; fourth, if it is intend- 
ed for use on vegetation and shall con- 
tain any substance which shall be injur- 
ious to such vegetation when used. 
Section 8. That the term “misbrand- 
ed” as used herein shall apply to all ar- 
ticles herein included, the package or 
label of which shall bear any statement 
which shall be false or misleading in 
any particular. 
That for the purpose of this Act an 
article shall be deemed to be misbrand- 
ed—— 
In the case of insecticides, Paris greens, 
lead arsenates, and fungicides: First, 
if it be an imitation; second, if it be 
labeled or branded so as to deceive or 
mislead; third, if in package form, and 
the contents are stated in terms of weight 
or measure, they are not plainly and cor- 
rectly stated on the outside of the pack- 
age. 
In the case of insecticides (other than 
Paris greens and lead arsenates) and fun- 
gicides: First, if it contains arsenic and 
the total amount of arsenic is not stated 
on the label; second, if it consists par- 
tlaly or completely of an inert sub- 
stance and does not have the names and 
percentage amounts of each and every 
one of such inert ingredients plainly and 
correctly stated on the label. 
Section 9. That no dealer shall be 
prosecuted under the provisions of this 
Act when he can establish a guaranty 
signed by the wholesaler, jobber, manu- 
‘facturer, or other party from whom he 
purchased such articles to the effect that 
the same is not adulterated or misbrand- 
ed. 
Section 10. That any insecticide, Paris 
green, lead arsenate, or fungicide that is 
adulterated or misbranded and is being 
transported or held, 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 
ENCYCLOPEDIA OF PRACTICAL HORTICULTURE 
for confiscation by a process of libel for 
condemnation. 
And if such article is condemned as 
being adulterated or misbranded, the 
same shall be disposed of by destruction 
or sale as the said court may direct. 
Section 11. Provides for examination 
of samples of imported articles, for their 
destruction, exportation or bonding. 
Section 12. Defines “Territory” and 
“Person.” 
Section 13. That this Act shall be 
known and referred to as “The Insecti- 
cide Act of 1910.” 
Section 14. That this Act shall be in 
force and effect from and after the first 
day of January, nineteen hundred and 
eleven. 
Approved, April 26, 1910. 
INSPECTION, CERTIFICATION AND 
TRANSPORTATION OF NURSERY 
STOCK 
A brief synopsis of the laws and regu- 
lations of the United States, the several 
states and Canada, relative to the in- 
spection, certification and transportation 
of nursery stock: 
Alabama 
A signed copy of the inspection certif- 
icate issued to the applicant must be 
filed with the State Horticulturist and 
money sent to pay for the license and 
tags needed. A tag must be placed on 
each order delivered. One tag on box 
does not cover individual orders there- 
in. No one is allowed to receive a pack- 
age of nursery stock unless a tag is at- 
tached. 
Every nursery or nurseries, dealer or 
dealers in Alabama, and all outside of 
state nursery or nurseries doing busi- 
ness in Alabama, shall be required to 
take out a license before a certificate of 
inspection is granted. The license shall 
be of two kinds: one regular nursery- 
man and dealer’s license and an agent’s 
license, the agent’s license to be obtained 
only through the principal, who must 
hold a regular nurseryman’s or dealer’s 
license. The license fee for each nursery- 
man’s or dealer’s license shall be $10. 
The fee for each agent’s license shall 
be $1. All license fees to be paid be- 
