Page:United States Statutes at Large Volume 36 Part 1.djvu/357

SIXTY·FIRST CONGRESS. Sess. II. Ch. 191. 1910. 333 and packed with it so as to reduce or lower or injuriously affect its quality or strength. In the case of lead arsenate: First, if it contains more than fifty md '"S°“”‘°· per centum of water; second, if it contains total arsenic equivalent to less than twelve and one—half per centum of arsenic oxid (As,,O,_); third, if it contains arsenic in water-soluble forms equivalent to more than seventy-five one-hundredths per centum of arsenic oxid (As,O5) ; fourth, if any substances have been mixed and packed with it so as to reduce, lower, or injuriously affect its quality or strength: Provided, however, That extra water may be added to lead arsenate pm,,i,.,,_ (as described in this paragraph) if the resulting mixture is labeled m§§,f,{“ “’“°' P°" lead arsenate and water, the ercentage of extra water being plainly Y and correctly stated on the lalhel. In the case of insecticides or fungicides, other than Paris green and ,,,ff,‘}‘§,§g,,§§,§§;*i°id°S lead arsenate: First, if its stren th or purity fall below the professed standard or quality under which it is sold; second, if any substance has been substituted wholly or in part for the article; third, if any valuable constituent of the article has been wholly or in part abstracted; fourth, if it is intended for use on vegetation and shall contain any substance or substances which, although preventing, destroying, repelling, or mitigating insects, shall be injurious to such vegetation when used. _ Ec. 8. That the term "misbranded" as used herein shall apply §§,f’§},§ggg%?§§}g-_ to all insecticides, Paris greens, lead arsenates, or fungicides, or articles which enter into the composition of insecticides or fungicides, the package or label of which shall bear any statement, design, or device regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular, and to all insecticides, Paris greens, lead arsenates, or fungicides which are falsely branded as to the State, Territory, or country in which they are manufactured or produced. That for the purpose of this Act an article shall be deemed to be _misbranded—— , In the case of insecticides, Paris greens, lead arsenates, and fungi- m§§&_“‘“”* '“‘°‘ cides: First, if it be an imitation or offered for sale under the name of another article; second, if it be labeled or branded so as to deceive or mislead the purchaser, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package; thirc , if in package form, and the contents are stated in terms of weight or measure, they; are not plainly and correctly stated on the outside of the ac e. P Inaiihe case of insecticides (other than Paris greens and lead arse- S"“°°m‘°’“°“ "°‘*“"°d· nates) and fungicides: First, if it contains arsenic in any of its combinations 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 partially or completely of an inert substance or substances which do not prevent, destroy, repel, or mitigate insects or fungi and does not have the names and ercentage amounts of each and every one of such inert ingredients pliainly and correctly stated on the label; Provided, however, That in lieu of naming and mgmdmm stating the percentage amount of each and every inert in edient the producer may at his discretion state plain] upon the lairel the correct names and percentage amounts of eacli and every ingredient of the insecticide or fungicide having insecticidal or fungicidal propertres, and make no mention of the inert ingredients, except in so far as to state the total percentage of inert ingredients present.