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Page:United States Statutes at Large Volume 61 Part 1.djvu/194

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PUBLIC LAWS-CH. 125-JUNE 25, 1947 Ante, p. 166. Ante, p. 168. Interstate transpor- tation of economic poisons, etc. Ante, p. 167. (3) to public officials while engaged in the performance of their official duties; (4) to the manufacturer or shipper of an economic poison for experimental use only by or under the supervision of any Federal or State agency authorized by law to conduct research in the field of economic poisons; or by others if a permit has been obtained before shipment in accordance with regulations promulgated by the Secretary. PENALTIES SEC. 8 . a. Any person violating section 3a (1) of this Act shall be guilty of a misdemeanor and shall on conviction be fined not more than'$1,000. b. Any person violating any provision other than section 3a (1) of this Act shall be guilty of a misdemeanor and shall upon conviction be fined not more than $500 for the first offense, and on conviction for each subsequent offense be fined not more than $1,000 or imprisoned for not more than one year, or both such fine and imprisonment: Provided, That an offense committed more than five years after the last previous conviction shall be considered a first offense: And provided further That in any case where a registrant was issued a warning by the Secretary pursuant to the provisions of section 4c of this Act, he shall in each instance upon conviction for an offense concerning which he had been so warned, be fined not more than $1,000 or imprisoned for not more than one year, or both such fine and imprisonment; and the registration of the article with reference to which the violation occurred shall terminate automatically. An article the registration of which has been terminated may not again be registered unless the article, its labeling, and other material required to be submitted appear to the Secretary to comply with all the require- ments of this Act. c. Notwithstanding any other provision of this section, in case any person, with intent to defraud, uses or reveals information relative to formulas of products acquired under the authority of section 4 of this Act, he shall be fined not more than $10,000 or imprisoned for not more than three years, or both such fine and imprisonment. d. When construing and enforcing the provisions of this Act, the act, omission, or failure, of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of such person as well as that of the per- son employed. SEIZURES SEC. 9 . a. Any economic poison or device that is being transported from one State, Territory, or District to another, or, having been transported, remains unsold or in original unbroken packages, or that is sold or offered for sale in the District of Columbia or any Territory, or that is imported from a foreign country, shall be liable to be pro- ceeded against in any district court of the United States in the district where it is found and seized for confiscation by a process of libel for condemnation- (1) in the case of an economic poison- (a) if it is adulterated or misbranded; (b) if it has not been registered pursuant to the provisions of section 4 of this Act; (c) if it fails to bear on its label the information required by this Act; or (d) if it is a white powder economic poison and is not colored as required under this Act; or (2) in the case of a device if it is misbranded. 170 [61 STAT.