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Page:United States Statutes at Large Volume 61 Part 1.djvu/193

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(1 STAT.] 80TH CONG. , IST SESS.-CH. 125 -JUNE 25, 1947 determination and establishment of suitable names to be used in the ingredient statement. The Secretary is, in addition, authorized after opportunity for hearing- (1) to declare a pest any form of plant or animal life or virus which is injurious to plants, man, domestic animals, articles, or substances; (2) to determine economic poisons, and quantities of substances contained in economic poisons, which are highly toxic to man; and (3) to determine standards of coloring or discoloring for eco- nomic poisons, and to subject economic poisons to the requirements of section 3a (4) of this Act. b. The Secretary of the Treasury and the Secretary of Agriculture shall jointly prescribe regulations for the enforcement of section 10 of this Act. c. The examination of economic poisons or devices shall be made in the United States Department of Agriculture or elsewhere as the Secretary may designate for the purpose of determining from such examination whether they comply with the requirements of this Act, and if it shall appear from any such examination that they fail to comply with the requirements of this Act, the Secretary shall cause notice to be given to the person against whom criminal proceedings are contemplated. Any person so notified shall be given an oppor- tunity to present his views, either orally or in writing, with regard to such contemplated proceedings, and if m the opinion of the Secretary it appears that the provisions of this Act have been violated by such person, then the Secretary shall certify the facts to the proper United States attorney, with a copy of the results of the analysis or the exam- ination of such article: Provided, That nothing in this Act shall be construed as requiring the Secretary to report for prosecution or for the institution of libel proceedings minor violations of this Act when- ever he believes that the public interest will be adequately served by a suitable written notice of warning. d. It shall be the duty of each United States attorney, to whom the Secretary or his agents shall report any violation of this Act, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States without delay. e. The Secretary shall, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of this Act. EXEMPTIONS SEC. 7 . a. The penalties provided for a violation of section 3a of this Act shall not apply to- (1) any person who establishes a guaranty signed by, and containing the name and address of, the registrant or person residing in the United States from whom he purchased and received in good faith the article in the same unbroken package, to the effect that the article was lawfully registered at the time of sale and delivery to him. and that it complies with the other requirements of this Act, designating this Act. In such case the guarantor shall be subject to the penalties which would otherwise attach to the person holding the guaranty under the provisions of this Act; (2) any carrier while lawfully engaged in transporting an economic poison or device if such carrier upon request by a person duly designated by the Secretary shall permit such person to copy all records showing the transactions in and movement of the articles; 169 Post, p . 171. Examination of eco- nomic poisons. Minor violations. Notice of judg- ment. Nonapplicability of penalties. Ante, p. 166.