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Page:United States Statutes at Large Volume 61 Part 1.djvu/189

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61 STAT.] 8OTH CONG. , 1ST SESS.-CH. 125-JUNE 25, 1947 165 r. The term "label" means the written, printed, or graphic matter "Label." on, or attached to, the economic poison or device or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the economic poison or device. s. The term "labeling" means all labels and other written, printed, "abeUng." or graphic matter- (1) upon the economic poison or device or any of its containers or wrappers; (2) accompanying the economic poison or device at any time; (3) to which reference is made on the label or in literature accompanying the economic poison or device, except to current official publications of the United States Departments of Agri- culture and Interior, the United States Public Health Service, State experiment stations, State agricultural colleges, and other similar Federal or State institutions or agencies authorized by law to conduct research in the field of economic poisons; t. The term "adulterated" shall apply to any economic poison if its "Adulterated." strength or purity falls below the professed standard or quality as expressed on its labeling or under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part abstracted. u. The term "misbranded" shall apply- "Misbranded." (1) to any economic poison or device if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; (2) to any economic poisdn- (a) if it is an imitation of or is offered for sale under the name of another economic poison; (b) if its labeling bears any reference to registration under this Act; (c) if the labeling accompanying it does not contain direc- tions for use which are necessary and if complied with adequate for the protection of the public; (d) if the label does not contain a warning or caution statement which may be necessary and if complied with adequate to prevent injury to living man and other vertebrate animals, vegetation, and useful invertebrate animals; (e) if the label does not bear an ingredient statement on that part of the immediate container and on the outside con- tainer or wrapper, if there be one, through which the ingre- dient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase: Provided, That the Secretary may permit the ingredient statement to appear prominently on some other part of the container, if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or dis- played under customary conditions of purchase. (f) if any word, statement, or other information required by or under authority of this Act to appear on the label or labeling is not prominently placed thereon with such con- spicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or (g) if in the case of an insecticide, fungicide, or herbicide when used as directed or in accordance with commonly rec- ognized practice it shall be injurious to living man or other