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Page:United States Statutes at Large Volume 61 Part 1.djvu/190

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PUBLIC LAWS-CH. 125-JUNE 25, 1947 Economic poisons. Change in labeling, etc., within registra- tion period. Exemption from coloring, etc. vertebrate animals, or vegetation, except weeds, to which it is applied, or to the person applying such economic poison. PROHIBITED AOTS SEc. 3. (a) It shall be unlawful for any person to distribute, sell, or offer for sale in any Territory or in the District of Columbia, or to ship or deliver for shipment from any State, Territory, or the District of Columbia to any other State, Territory, or the District of Colum- bia, or to any foreign country, or to receive in any State, Territory, or the District of Columbia from any other State, Territory, or the Dis- trict of Columbia, or foreign country, and having so received, deliver or offer to deliver in the original unbroken package to any other per- son, any of the following: (1) Any economic poison which has not been registered pursuant to the provisions of section 4 of this Act, or any economic poison if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its regis- tration, or if the composition of an economic poison differs from its composition as represented in connection with its registration: Pro- vided, That in the discretion of the Secretary, a change in the labeling or formula of an economic poison may be made within a registration period without requiring reregistration of the product. (2) Any economic poison unless it is in the registrant's or the manu- facturer's unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail pack- age, if there be one through which the required information on the immediate container cannot be clearly read, a label bearing- (a) the name and address of the manufacturer, registrant, or person for whom manufactured; (b) the name, brand, or trade-mark under which said article is sold; and (c) the net weight or measure of the content: Provided, That the Secretary may permit reasonable variations. (3) Any economic poison which contains any substance or sub- stances in quantities highly toxic to man, determined as provided in section 6 of this Act, unless the label shall bear, in addition to any other matter required by this Act- (a) the skull and crossbones; (b) the word "poison" prominently (IN RED) on a back- ground of distinctly contrasting color; andl (c) a statement of an antidote for the economic poison. (4) The economic poisons commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate unless they have been distinctly colored or dis- colored as provided by regulations issued in accordance with this Act, or any other white powder economic poison which the Secretary, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of such coloration or discoloration, shall, by regulation, require to be distinctly colored or discolored, unless it has been so colored or dis- colored: Provided, That the Secretary may exempt any economic poison to the extent that it is intended for a particular use or uses from the coloring or discoloring required or authorized by this section if he determines that such coloring or discoloring for such use or uses is not necessary for the protection of the public health. (5) Any economic poison which is adulterated or misbranded or any device which is misbranded. [61 STAT.