And if such article is condemned as being adulterated or misbranded, within the meaning of this Act, the same shall be disposed of by destruction or sale as the said court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States, but such goods shall not be sold in any jurisdiction contrary to the provisions of this Act or the laws of that jurisdiction: Provided, however, That upon the payment of the costs of such libel proceedings and the execution and delivery of a good and sufficient bond to the effect that such articles shall not be sold or otherwise disposed of contrary to the provisions of this Act or the laws of any State, Territory, or District, the court may by order direct that such articles be delivered to the owner thereof. The proceedings of such libel cases shall conform, as near as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any such case, and all such proceedings shall be at the suit of and in the name of the United States.

Act April 26, 1910, c. 191, s. 10, 36 Stat. 334.

Examination of samples of insecticides, etc., and fungicides imported, etc., on notice to owner or consignee; refusal of admission and delivery to consignee of articles adulterated or misbranded, or dangerous to health, or forbidden entry or sale or restricted in sale in the country where made, etc.; delivery of goods to consignee pending examination and decision on bond, etc.; charges for storage, etc., on goods refused admission, and lien therefor against subsequent importation.

SEC. 11. That the Secretary of the Treasury shall deliver to the Secretary of Agriculture, upon his request, from time to time, samples of insecticides, Paris greens, lead arsenates, and fungicides which are being imported into the United States or offered for import, giving notice thereof to the owner or consignee, who may appear before the Secretary of Agriculture and have the right to introduce testimony; and if it appear from the examination of such samples that any insecticide, or Paris green, or lead arsenate, or fungicide offered to be imported into the United States is adulterated or misbranded within the meaning of this Act, or is otherwise dangerous to the health of the people of the United States, or is of a kind forbidden entry into or forbidden to be sold or restricted in sale in the country in which it is made or from which it is exported, or is otherwise falsely labeled in any respect, the said article shall be refused admission, and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction or [of] any goods refused delivery which shall not be exported by the consignee within three months from the date of notice of such refusal under such regulations as the Secretary of the Treasury may prescribe: Provided, That the Secretary of the Treasury may deliver to the consignee such goods pending examination and decision in the matter on execution of a penal bond for the amount of the full invoice value of such goods, together with the duty thereon, and on refusal to return such goods for any cause to the custody of the Secretary of the Treasury, when demanded, for the purpose of excluding them from the country, or for any other purpose, said consignee shall forfeit the full amount of the bond: And provided further, That all charges for storage, cartage, and

labor on goods which are refused admission or delivery shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any future importation made by such owner or consignee.

Act April 26, 1910, c. 191, s. 11, 36 Stat. 334.

Term "Territory" in act to include Alaska and insular possessions; construction of word " 29 person as used in act; liability of corporations, etc., for acts, omissions, etc., of officers, agents, employees, etc.

SEC. 12. That the term "Territory," as used in this Act, shall include the District of Alaska and the insular possessions of the United States. The word "person," as used in this Act, shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies, and associations. 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 corporation, company, society, or association, within the scope of his employment or office, shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society, or association, as well as that of the other person.

Act April 26, 1910, c. 191, s. 12, 36 Stat. 335.

Title of act.

SEC. 13. That this Act shall be known and referred to as "The insecticide Act of 1910."

Act April 26, 1910, c. 191, s. 13, 36 Stat. 335.

Time of taking effect of act.

SEC. 14. That this Act shall be in force and effect from and after the first day of January, nineteen hundred and eleven.

Act April 26, 1910, c. 191, s. 14, 36 Stat. 335.

Appropriations for carrying into effect the provisions of this act are made in the agricultural appropriation act for the fiscal year 1913 and the preceding fiscal year. The provision of the act for the fiscal year 1913 is set forth below.

ACT AUGUST 10, 1912, c. 284. (37 Stat. 269.)

ENFORCEMENT OF THE INSECTICIDE ACT: To enable the Secretary of Agriculture to carry into effect the provisions of the Act of April twenty-sixth, nineteen hundred and ten, entitled "An Act for preventing the manufacture, sale, or transportation of adulterated or misbranded Paris greens, lead arsenates, and other insecticides, and also fungicides, and for regulating traffic therein, and for other purposes," in the city of Washington and elsewhere, including chemical apparatus, chemicals, and supplies, repairs to apparatus, gas, electric current, official traveling expenses, telegraph and telephone service, express and freight charges, and all other expenses, employing such assistants, clerks, and other persons as may be considered necessary for the purposes named, eighty-seven thousand dollars.

Act August 10, 1912, c. 284, 37 Stat. 300.

This is a provision of the agricultural appropriation act for the fiscal year 1913, cited above, under the heading "Miscellaneous." A similar provision was contained in the similar act for the fiscal year 1912.

PLANT QUARANTINE ACT OF AUGUST 20, 1912.

ACT AUGUST 20, 1912, c. 308. An act to regulate the importation of nursery stock and other plants and plant products; to enable the Secretary of Agriculture to establish and maintain quarantine districts for plant diseases and insect pests; to permit and regulate the movement of fruits, plants and vegetables therefrom, and for other purposes. (37 Stat. 315.) Importation, etc., of nursery stock without a permit and a certificate of inspection, unlawful; permit issued on compliance with regulations under act; importation of nursery stock by Department of Agriculture for experimental or scientific purposes; importations from countries having no inspection.

That it shall be unlawful for any person to import or offer for entry into the United States any nursery stock unless and until a permit shall have been issued therefor by the Secretary of Agriculture, under such conditions and regulations as the said Secretary of Agriculture may prescribe, and unless such nursery stock shall be accompanied by a certificate of inspection, in manner and form as required by the Secretary of Agriculture, of the proper official of the country from which the importation is made, to the effect that the stock has been thoroughly inspected and is believed to be free from injurious plant diseases and insect pests: Provided, That the Secretary of Agriculture shall issue the permit for any particular importation of nursery stock when the conditions and regulations as prescribed in this Act shall have been complied with: Provided further, That nursery stock may be imported for experimental or scientific purposes by the Department of Agriculture upon such conditions and under such regulations as the said Secretary of Agriculture may prescribe: And provided further, That nursery stock imported from countries where no official system of inspection for such stock is maintained may be admitted upon such conditions and under such regulations as the Secretary of Agriculture may prescribe.

Act August 20, 1912, c. 308, s. 1, 37 Stat. 315.

Notification of Secretary of Agriculture and proper State, etc., officials of arrival of imported nursery stock at port of entry; interstate shipment of imported nursery stock without such notification, or without inspection, forbidden.

SEC. 2. That it shall be the duty of the Secretary of the Treasury promptly to notify the Secretary of Agriculture of the arrival of any nursery stock at port of entry; that the person receiving such stock at port of entry shall, immediately upon entry and before such stock is delivered for shipment or removed from the port of entry, advise the Secretary of Agriculture or, at his direction, the proper State, Territorial, or District official of the State or Territory or the District to which such nursery stock is destined, or both, as the Secretary of Agriculture may elect, of the name and address of the consignee, the nature and quantity of the stock it is proposed to ship, and the country and locality where the same was grown. That no person shall ship or offer for shipment from one State or Territory or District of the United States into any other State or Territory or Distict, any nursery stock imported into the United States without notifying the Secretary of Agriculture or, at his direction, the proper State, Territorial, or District official of the State or Territory or District to which such nursery stock is destined, or both, as the Secretary of Agriculture may elect, immediately upon the delivery

of the said stock for shipment, of the name and address of the consignee, of the nature and quantity of stock it is proposed to ship, and the country and locality where the same was grown, unless and until such imported stock has been inspected by the proper official of a State, Territory, or District of the United States.

Act August 20, 1912, c. 308, s. 2, 37 Stat. 316.

Importation, etc., of nursery stock unless case, box, etc., thereof be marked as to nature and quantity of contents, country, etc., where grown, name and address of shipper, etc., and of consignee, forbidden.

SEC. 3. That no person shall import or offer for entry into the United States any nursery stock unless the case, box, package, crate, bale, or bundle thereof shall be plainly and correctly marked to show the general nature and quantity of the contents, the country and locality where the same was grown, the name and address of the shipper, owner, or person shipping or forwarding the same, and the name and address of the consignee.

Act August 20, 1912, c. 308, s. 3, 37 Stat. 316.

Interstate shipment, etc., of imported nursery stock, the case, box, etc., whereof is not marked as required by section 3, forbidden, unless such nursery stock has been inspected.

SEC. 4. That no person shall ship or deliver for shipment from one State or Territory or District of the United States into any other State or Territory or District any such imported nursery stock the case, box, package, crate, bale, or bundle whereof is not plainly marked so as to show the general nature and quantity of the contents, the name and address of the consignee, and the country and locality where such stock was grown, unless and until such imported stock has been inspected by the proper official of a State, Territory, or District of the United States.

Act August 20, 1912, c. 308, s. 4, 37 Stat. 316.

Determination, and promulgation thereof, that unrestricted importation of plants, etc., and plant products, other than nursery stock, may result in introduction of injurious plant diseases or insect pests; importation of such plants and plant products, after such promulgation, subject to provisions of sections 1-4 of act; public hearings before such promulgation. SEC. 5. That whenever the Secretary of Agriculture shall determine that the unrestricted importation of any plants, fruits, vegetables, roots, bulbs, seeds, or other plant products not included by the term "nursery stock" as defined in section six of this Act may result in the entry into the United States or any of its Territories or Districts of injurious plant diseases or insect pests, he shall promulgate his determination, specifying the class of plants and plant products the importation of which shall be restricted and the country and locality where they are grown, and thereafter, and until such promulgation is withdrawn, such plants and plant products imported or offered for import into the United States or any of its Territories or Districts shall be subject to all the provisions of the foregoing sections of this Act: Provided, That before the Secretary of Agriculture shall promulgate his determination that the unrestricted importation of any plants, fruits, vegetables, roots, bulbs, seeds, or other plant products not included by the term "nursery stock " as defined in section six of this Act may result in the entry into the

United States or any of its Territories or Districts of injurious plant diseases or insect pests he shall, after due notice, give a public hearing, under such rules and regulations as he shall prescribe, at which hearing any interested party may appear and be heard, either in person or by attorney.

Act August 20, 1912, c. 308, s. 5, 37 Stat. 316. Definition of term "nursery stock" as used in act.

SEC. 6. That for the purpose of this act the term "nursery stock" shall include all field-grown florists' stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruit pits and other seeds of fruit and ornamental trees or shrubs, and other plants and plant products for propagation, except field, vegetable, and flower seeds, bedding plants, and other herbaceous plants, bulbs, and roots.

Act August 20, 1912, c. 308, s. 6, 37 Stat. 317.

Determination, and promulgation thereof, of necessity of forbidding importation of nursery stock, other than plants, etc., and plant products, in order to prevent introduction of plant, etc., diseases or injurious insects new to or not widely prevalent in United States; importation of such nursery stock and other plants, etc., and plant products, after such promulgation, prohibited notwithstanding certificates of inspection and regardless of use for which same is intended; public hearings before such promulgation. SEC. 7. That whenever, in order to prevent the introduction into the United States of any tree, plant, or fruit disease or of any injurious insect, new to or not theretofore widely prevalent or distributed within and throughout the United States, the Secretary of Agriculture shall determine that it is necessary to forbid the importation into the United States of any class of nursery stock or of any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products from a country or locality where such disease or insect infestation exists, he shall promulgate such determination, specifying the country and locality and the class of nursery stock or other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products which, in his opinion, should be excluded. Following the promulgation of such determination by the Secretary of Agriculture, and until the withdrawal of the said promulgation by him, the importation of the class of nursery stock or of other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products specified in the said promulgation from the country and locality therein named, regardless of the use for which the same is intended, is hereby prohibited; and until the withdrawal of the said promulgation by the Secretary of Agriculture, and notwithstanding that such class of nursery stock, or other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products be accompanied by a certificate of inspection from the country of importation, no person shall import or offer for entry into the United States from any country or locality specified in such promulgation, any of the class of nursery stock or of other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products named therein, regardless of the use for which the same is intended: Provided, That before the Secretary of Agriculture shall promulgate his determination that it is necessary to forbid the importation into the United States of the articles named in this section he shall, after due notice to interested parties, give a public hearing, under such rules and regulations as he shall prescribe, at which hearing any