ticable, any interested person with duplicates of the official naval stores standards of the United States upon request accompanied by tender of satisfactory security for the return thereof, under such regulations as he may prescribe. The Secretary of Agriculture shall examine, if practicable, upon request of any interested person, any naval stores and shall analyze, classify, or grade the same on tender of the cost thereof as required by him, under such regulations as he may prescribe. He shall furnish a certificate showing the analysis, classification, or grade of such naval stores, which certificate shall be prima facie evidence of the analysis, classification, or grade of such naval stores and of the contents of any package from which the same may have been taken, as well as of the correctness of such analysis, classification, or grade and shall be admissible as such in any court. (Mar. 3, 1923, sec. 4, 42 Stat. 1436; 7 U. S. C., sec 94.)

349. Prohibition of acts deemed injurious to commerce in naval stores.— That the following acts are hereby declared injurious to commerce in naval stores and are hereby prohibited and made unlawful:

(a) The sale in commerce of any naval stores, or of anything offered as such, except under or by reference to United States standards.

(b) The sale of any naval stores under or by reference to United States standards which is other than what it is represented to be. (c) The use in commerce of the word "turpentine or the word "rosin", singly or with any other word or words, or of any compound, derivative, or imitation of either such word, or of any misleading word, or of any word, combination of words, letter or combination of letters, provided herein or by the Secretary of Agriculture to be used to designate naval stores of any kind or grade, in selling, offering for sale, advertising, or shipping anything other than naval stores of the United States standards.

(d) The use in commerce of any false, misleading, or deceitful means or practice in the sale of naval stores or of anything offered as such. (Mar. 3, 1923, sec. 5, 42 Stat. 1436; 7 U. S. C., sec. 95.)

350. Punishment.-That any person willfully violating any provision of section 5 of this Act [7 U. S. C., sec. 95] shall on conviction, be punished for each offense by a fine not exceeding $5,000 or by imprisonment for not exceeding one year, or both. (Mar. 3, 1923, sec. 6, 42 Stat. 1436; 7 U. S. C., sec. 96.)

351. Purchase and analysis by Secretary of samples; reports; publication of results. That the Secretary of Agriculture is hereby authorized to purchase from time to time in open market samples of spirits of turpentine and of anything offered for sale as such for the purpose of analysis, classification, or grading and of detecting any violation of this Act. He shall report to the Department of Justice for appropriate action any violation of this Act coming to his knowledge. He is also authorized to publish from time to time results of any analysis, classification, or grading of spirits of turpentine and of anything offered for sale as such made by him any provision of this Act. (Mar 3, 1923, sec 7, 42 Stat 1436; 7 U. S. C., sec. 97.)

352. Appropriations for administration and enforcement of act.-That there are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for the administration and enforcement of this Act, and

within the limits of such sums the Secretary of Agriculture is authorized to employ such persons and means and make such expenditures for printing, telegrams, telephones, books of reference, periodicals, furniture, stationery, office equipment, travel and supplies, and all other expenses as shall be necessary in the District of Columbia and elsewhere. (Mar. 3, 1923, sec. 8, 42 Stat. 1436; 7 U. S. C., sec. 98.)

353. Partial invalidity of act.—That if any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. (Mar. 3, 1923, sec. 9, 42 Stat. 1437; 7 U. S. C., sec. 99.)

IMPORTATION OF ADULTERATED SEEDS ACT

354. General prohibition against importation; exceptions. That from and after six months after the passage of this Act the importation into the United States of seeds of alfalfa, barley, Canadian blue grass, Kentucky blue grass, awnless brome grass, buckwheat, clover, field corn, Kafir corn, meadow fescue, flax, millet, oats, orchard grass, rape, rye, sorghum, timothy, vetch, rye grass, and wheat, or mixtures of seeds containing any of such seeds as one of the principal component parts, which are adulterated or unfit for seeding purposes under the terms of this Act, is hereby prohibited; and the Secretary of the Treasury and the Secretary of Agriculture shall, jointly or severally, make such rules and regulations as will prevent the importation of such seeds into the United States: Provided, however, That such seed may be delivered to the owner or consignee thereof under bond, to be recleaned in accordance with and subject to such regulations as the Secretary of the Treasury may prescribe, and when cleaned to the standard of purity specified in this Act for admission into the United States such seed may be released to the owner or consignee thereof after the screenings and other refuse removed from such seed shall have been disposed of in a manner prescribed by the Secretary of Agriculture: Provided further, That this Act shall not apply to the importation of barley, buckwheat, field corn, Kafir corn, sorghum, flax, broomcorn millet, early fortune millet, oats, rye, or wheat not intended for seeding purposes, when shipped in bond through the United States or imported for the purpose of manufacture, but such shipment shall be subject to provisions of the Act of August fifth, nineteen hundred and nine. (Aug. 24, 1912, sec. 1, 37 Stat. 506; Aug. 11, 1916, 39 Stat. 453; Apr. 26, 1926, sec. 1, 44 Stat. 325; 7 U. S. C., sec. 111.)

355. Seed considered adulterated. That seed shall be considered adulterated within the meaning of this Act

First. When seed of red clover contains more than three per centum by weight of seed of yellow trefoil, or any other seed of similar appearance to and of lower market value than seed of red clover.

Second. When seed of alfalfa contains more than three per centum by weight of seed of yellow trefoil, burr clover, and sweet clover, singly or combined.

Third. When any kind or variety of the seeds, or any mixture described in section one of this Act [7 U. S. C., sec. 111], contains more

than five per centum by weight of seed of another kind or variety of lower market value and of similar appearance: Provided, That the mixture of the seed of white and alsike clover, red and alsike clover, or alsike clover and timothy, shall not be deemed an adulteration under this section. (Aug. 24, 1912, sec. 2, 37 Stat. 507; 7 U. S. C., sec. 112.)

356. Seed considered unfit for seeding. That seed shall be considered unfit for seeding purposes within the meaning of this Act

First. When any kind or variety of clover or alfalfa seed contains more than one seed of dodder to five grams of clover or alfalfa seed, respectively.

Second. When any kind or variety of the seeds or any mixture described in section one of this Act contains more than three per centum by weight of seeds of weeds. Hereafter, when any kind of variety or mixture of the seeds subject to the provisions of said Act of August twenty-fourth, nineteen hundred and twelve, as hereby amended, shall contain less than sixty-five per centum of live pure seed as distinguished from dead seed, chaff, dirt, other seeds, or foreign matter, such seeds or mixtures thereof shall be deemed unfit for seeding purposes within the meaning of said Act approved August twenty-fourth, nineteen hundred and twelve, and the importation of such seed or mixture thereof is prohibited: Provided, however, That seed of Kentucky blue grass and seed of Canada blue grass shall not be considered unfit for seeding purposes when they contain fifty per centum or more of live pure seed. (Aug. 24, 1912, sec. 3, 37 Stat. 507; Aug. 11, 1916, 39 Stat. 453; 7 U. S. C., sec. 113.)

357. Violation of act; punishment; sale of seed imported for manufacturing purposes.-That any person or persons who shall knowingly violate the provisions of this Act, shall be deemed guilty of a misdemeanor and shall pay a fine of not exceeding five hundred dollars and not less than two hundred dollars: Provided, That any person or persons who shall knowingly sell for seeding purposes seeds or grain which were imported under the provisions of this Act for the purpose of manufacture shall be deemed guilty of a violation of this Act. (Aug. 24, 1912, sec. 4, 37 Stat. 507; 7 U. S. C., sec. 114.) 358. Alfalfa or red clover; importation regulated.-(a) On and after the effective date of this subdivision the importation into the United States of seeds of alfalfa or red clover, or any mixture of seed containing 10 per centum or more of the seeds of alfalfa and/or red clover, is prohibited unless such seeds are colored in such manner and to such extent as the Secretary of Agriculture may prescribe and, when practicable, the color used shall indicate the country or region of origin.

(b) Whenever the Secretary of Agriculture, after public hearing, determines that seeds of alfalfa or red clover from any foreign country or region are not adapted for general agricultural use in the United States he shall publish such determination. On and after the expiration of ninety days after the date of such publication and until such determination is revoked the importation into the United States of any of such seeds, or of any mixture of seeds containing 10 per centum or more of such seeds of alfalfa and/or red clover, is prohibited, unless at least 10 per centum of the seeds in each container is stained a red color, in accordance with such regulations as the Secretary of Agriculture may prescribe.

(c) The Secretary of the Treasury and the Secretary of Agriculture shall jointly prescribe such rules and regulations as may be necessary to prevent the importation into the United States of any seeds the importation of which is prohibited.

(d) Subdivision (a) of this section shall become effective upon. the expiration of thirty days after the date of the passage of this amendatory Act. (Apr. 26, 1926, sec. 2, 44 Stat. 325; 7 U. S. C., sec. 115.)

359. Misbranded seed; confiscation.-(a) No person shall transport, deliver for transportation, sell, or offer for sale, in interstate commerce, any seed which is misbranded within the meaning of this section; except that this section shall not apply to any common carrier in respect of any seed transported or delivered for transportation in the ordinary course of its business as a common carrier. (b) Any misbranded seed shall be liable to be proceeded against in the district court of the United States for any judicial district in which it is found, and to be seized for confiscation by a process of libel for condemnation, if such seed is being

(1) Transported in interstate commerce; or

(2) Held for sale or exchange after having been so transported. (c) If such seed is condemned by the court as misbranded, it shall be disposed of in the discretion of the court

(1) By sale; or

(2) By delivery to the owner thereof upon the payment of the legal costs and charges, and the execution and delivery of a good and sufficient bond to the effect that such seed will not be sold or disposed of in any jurisdiction contrary to the provisions of this Act or the laws of such jurisdiction; or

(d) If such seed is disposed of by sale, the proceeds of the sale, less the legal costs and charges, shall be paid into the Treasury as miscellaneous receipts.

(e) Proceedings in such libel cases shall conform, as nearly as may be, to suits in rem in admiralty, except that either party may demand trial by jury on any issue of fact if the value in controversy exceeds $20; and facts so tried shall not be reexamined other than in accordance with the rules of the common law. All such proceedings shall be at the suit and in the name of the United States. The Supreme Court of the United States and, under its direction, other courts of the United States are authorized to prescribe rules regulating such proceedings in any particular not provided by law. (f) As used in this section

(1) The term "person means individual, partnership, corporation, or association;

(2) The term " interstate commerce means commerce between any State, Territory, or possession, or the District of Columbia, and any other State, Territory, or possession, or the District of Columbia; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession, or the District of Columbia;

and

(3) The term "district court of the United States " includes any court exercising the powers of a district court of the United States.

28674-36-9

(g) For the purposes of this section, seed shall be held to be misbranded if

(1) The container thereof, or the invoice relating thereto, or any advertising pertaining thereto, bears or contains any statement, design, or device that is false and fraudulent; or

(2) If such seed is required to be colored, under the provisions of section 5 [7 U. S. C., sec. 115] and the regulations issued thereunder, and is not so colored; or

(3) If such seed is colored in imitation of seed required to be colored under the provisions of section 5 and the regulations issued thereunder.

(h) The Secretary of Agriculture is authorized to prescribe such regulations as may be necessary for carrying out the provisions of

this section.

(i) This section shall take effect upon the date of the passage of this amendatory Act; but no penalty or condemnation shall be enforced for any violation of this section occurring within thirty days after such date. (Apr. 26, 1926, sec. 2, 44 Stat. 325, 7 U. S. C., sec. 116.)

INSECTICIDES ACT

360. Manufacture of adulterated or misbranded articles prohibited; punishment. That it shall be unlawful for any person to manufacture within any Territory or the District of Columbia any insecticide, Paris green, lead arsenate, or fungicide which is adulterated or misbranded within the meaning of this Act; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and shall, upon conviction thereof, be fined not to exceed two hundred dollars for the first offense, and upon conviction for each subsequent offense be fined not to exceed three hundred dollars, or sentenced to imprisonment for not to exceed one year, or both such fine and imprisonment, in the discretion of the court. (Apr. 26, 1910, sec. 1, 36 Stat. 331; 7 U. S. C., sec. 125.)

361. Transportation or sale of adulterated or misbranded articles.— That the introduction into any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or from any foreign country, or shipment to any foreign country, of any insecticide, or Paris green, or lead arsenate, or fungicide which is adulterated or misbranded within the meaning of this Act is hereby prohibited; and any person who shall ship or deliver for shipment from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, or to a foreign country, or who shall receive in any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or foreign country, and having so received, shall deliver, in original unbroken packages, for pay or otherwise, or offer to deliver, to any other person, any such article so adulterated or misbranded within the meaning of this Act, or any person who shall sell or offer for sale in the District of Columbia or any Territory of the United States any such adulterated or misbranded insecticide, or Paris green, or lead arsenate, or fungicide, or export or offer to export the same to any foreign country, shall be guilty of a misdemeanor, and for such offense be fined not