warehouses, store-rooms, depots, docks, cars, vessels and other places where fruits, vegetables, or nursery stock are packed, stored, shipped or held for shipment or delivery or offered for sale, and other property liable to be infected with any disease or pest injurious to horticulture, and to require the disinfection of all such property and premises found to be infected and for that purpose shall have free access to such property and premises at all times;

(c) To inspect and examine orchards, vineyards, nurseries, berry farms, vegetable farms, fruits, vegetables, nursery stock and all other horticultural plants and products, at the request of the owner thereof for the purpose of discovering the existence of any disease or pest, and to report to the applicant the result of such investigation and prescribe proper remedies;

(d) To disinfect orchards, vineyards, berry farms, nurseries, fruit trees, vines and bushes, ornamental trees and shrubbery, horticultural plants, fruits, vegetables and nursery stock, and packing houses, dry houses, ware-houses, store-rooms, depots, docks, cars, vessels and other places where nursery stock, fruits or vegetables are packed, stored or shipped or held for shipment or delivery or offered for sale, in case the owner or person having the same in charge shall neglect or refuse so to do, after notice; and in case any infected fruit trees, vines or bushes, ornamental trees or shrubbery, horticultural plants, fruits, vegetables or nursery stock can not be successfully disinfected to condemn and destroy the same or cause the same to be destroyed;

(e) To require all partially infected fruit, vegetable and nursery stock shipments to be sorted and repacked and, in case the owner or person having charge of the same shall neglect or refuse so to do after notice, to condemn and destroy the same; (f) To issue certificates of inspection to licensed nurserymen and dealers in nursery stock, on stock inspected and approved.

SEC. 6. There is hereby created a board to be known as the state insecticide and fungicide board, which board shall consist of the commissioner of agriculture or the assistant commissioner, the director of the agricultural experiment station at Pullman and three members of the agricultural experiment station to be appointed by the director, one of whom shall be an entomologist, one a plant pathologist and one a chemist. It shall be the duty of the said board to analyze and report upon any insecticides and fungicides offered for sale to be used in the control and removal of insect pests and fungus and bacterial diseases to which horticultural plants are subject. It shall be the duty of all horticultural inspectors to from time to time procure and submit to such board samples of such insecticides and fungicides offered for sale.

SEC. 7. It shall be unlawful for any person to offer for sale in the State of Washington any horticultural insecticide or fungicide which is adulterated or misbranded within the meaning of this act. The term "insecticide" as used in this act shall include any substance or mixture of substances intended to be used for preventing, destroying, repelling, or mitigating any insects which may infest vegetation. The term "Paris green" as used in this act shall include the product sold in commerce as Paris green and chemically known as the aceto-arsenite of copper. The term “lead arsenate" as used in this act shall include the product or products sold in commerce as lead arsenate and consisting chemically of products derived from arsenic acid (H3AsO1) by replacing one or more hydrogen atoms by lead. That the term “fungicide" as used in this act shall include any substance or mixture of substances intended to be used for preventing, destroying, repelling, or mitigating any and all fungi that may infest vegetation or be present in any environment whatsoever.

SEC. 8. That for the purpose of this act an article shall be deemed to be adulterated

In the case of Paris green: First, if it does not contain at least fifty per centum of arsenious oxide; second, if it contains arsenic in water-soluble form equivalent to

more than three and one-half per centum of arsenious oxide; third, if any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.

In the case of lead arsenate: First, if it contains more than fifty per centum of water; second, if it contains total arsenic equivalent to less than twelve and one-half per centum of arsenic oxid (As2O5); third, if it contains arsenic in water-soluble form equivalent to more than seventy-five one-hundredths per centum or [of] arsenic ́oxid (As2O5); fourth, if any substances have been mixed and packed with it so as to reduce, lower, or injuriously affect its quality or strength: Provided, however, That extra water may be added to lead arsenate (as described in this paragraph) if the resulting mixture is labeled lead arsenate and water, the percentage of extra water being plainly and correctly stated on the label.

In the case of insecticides or fungicides, other than Paris green and lead arsenate: First, if its strength or purity fall below the professed standard or quality under which it is sold; second, if any substance has been substituted wholly or in part for the article; third, if any valuable constituent of the article has been wholly or in part abstracted; fourth, if it is intended for use on vegetation and shall contain any substance or substances which, although preventing, destroying, repelling, or mitigating insects, shall be injurious to such vegetation when used.

That the term "misbranded" as used herein shall apply to all insecticides, Paris green, lead arsenates, or fungicides, or articles which enter into the composition of insecticides or fungicides, the package or label of which shall bear any statement, design, or device regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular, and to all insecticides, Paris greens, lead arsenates, or fungicides which are falsely branded as to the state, territory or country in which they are manufactured or produced.

That for the purpose of this act an article shall be deemed to be misbrandedIn the case of insecticides, Paris greens, lead arsenates, and fungicides: First, if it be an imitation or offered for sale under the name of another article; second, if it be labeled or branded so as to deceive or mislead the purchaser, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package; third, if in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package.

In the case of insecticides (other than Paris greens and lead arsenates) and fungicides: First, if it contains arsenic in any of its combinations or in the elemental form and the total amount or [of] arsenic present (expressed as per centum of metallic arsenic) is not stated on the label; second, if it contains arsenic in any of its combinations or in the elemental form and the amount of arsenic in water-soluble forms (expressed as per centum of metallic arsenic) is not stated on the label; third, if it consists partially or completely of an inert substance or substances which do not prevent, destroy, repel, or mitigate insects or fungi and does not have the names and percentage amounts of each and every one of such inert ingredients plainly and correctly stated on the label: Provided, however, That in lieu of naming and stating the percentage amount of each and every inert ingredient the producer may at his discretion state plainly upon the label the correct names and percentage amounts of each and every ingredient of the insecticide or fungicide having insecticidal or fungicidal properties, and make no mention of the inert ingredients, except in so far as to state the total percentage of inert ingredients present.

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SEC. 30. Every person violating or failing to comply with the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than $25.00. All fines imposed under the provisions of this

act shall, when collected, be paid to the treasurer of the county where imposed and remitted to the state treasurer and placed to the credit of the general fund.

SEC. 31. Whenever any person is about to or threatens to violate any provision of this act, the commissioner of agriculture may, with the advice of the prosecuting attorney of the county where such violation is threatened or of the attorney general, begin an action in the superior court of such county in the name of the state upon the relation of such commissioner to restrain and enjoin such threatened violation, and in case such prosecuting attorney shall fail or refuse to begin such action upon the request of the commissioner, the same may be begun by or under the direction of the attorney general. In such action no bond shall be required for the issuance of a restraining order or injunction, but the state shall be liable for any damages occasioned by the unlawful suing out of such restraining order or injunction.

SEC. 32. The commissioner of agriculture, the assistant commissioner, and all horticultural inspectors are hereby authorized and empowered to seize and hold for use as evidence any article or thing found in the possession of or used, held for shipment, shipped, offered for sale or sold by any person in violation of any of the provisions of this act of any law relating to horticulture, and to serve and enforce compliance with any restraining order or writ of injunction or mandate or any other writ issued by any court under the provisions of this act.

SEC. 33. It shall be the duty of all clerks, bookkeepers, express agents, railroad officials, employees, or employees of common carriers to render to the commissioner of agriculture and his inspectors all the assistance in their power in tracing, finding, or discovering the presence of any article named in this act. Any refusal or neglect on the part of such clerks, bookkeepers, express agents, railroad officials, employees, or employees of common carriers to render such friendly aid to assist in the carrying out of the provisions of this act shall constitute a misdemeanor.

SEC. 34. That all acts incorporated and enumerated in the following schedule, and all acts and parts of acts in conflict with the provisions hereof, are hereby repealed.

SCHEDULE.

Sections 3075, 3079, 3080, 3083 to 3110, inclusive; 3113, 3115, 3116, 3117, 3119, 3120, 3122 to 3127, inclusive; 3131 and 3134 to 3139, inclusive of Remington and Ballinger's Annotated Codes and Statutes of Washington,

SEC. 35. This act is necessary for the immediate preservation of the public peace, health, and safety and shall take effect immediately.

Approved by the Governor March 19, 1915.

Laws of Washington, 1915, Ch. 166, pp. 494–525.

WISCONSIN.

MANUFACTURE AND SALE OF INSECTICIDES AND FUNGICIDES.

Penalty for adulteration or misbranding.-SECTION 1494-100. It shall be unlawful for any person, firm or corporation to manufacture or compound within the state of Wisconsin any insecticide, Paris green, lead arsenate or fungicide which is adulterated or misbranded within the meaning of sections 1494-100 to 1494-10w, inclusive; and any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor, and shall, on conviction thereof, be fined not to exceed two hundred dollars for the first offense, and on 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. (1911 c. 325; 1911 c. 664 s. 46.)

Penalty for sale, export or import.-SECTION 1494-10p. It shall be unlawful for any person, firm or corporation, to introduce, import, ship, deliver or receive into this state, or to ship or deliver from this state, any insecticide or fungicide which is adulterated or misbranded within the meaning of sections 1494-100 to 1494-10w inclusive; and it

shall likewise be unlawful for any person, firm or corporation to sell or offer for sale, or deliver for pay or otherwise in the state, any such adulterated or misbranded insecticide or fungicide in any form whatsoever. Any person, firm or corporation violating any of the provisions of sections 1494-100 to 1494-10w, inclusive, shall be guilty of a misdemeanor, and shall on conviction thereof, be fined not to exceed two hundred dollars for the first offense, and on conviction for each subsequent offense not exceeding three hundred dollars, or be imprisoned not exceeding one year, or both in the discretion of the court. (1911 c. 325, 1911 c 664 s. 46.)

Rules and regulations.-SECTION 1494-10q. The rules and regulations for carrying out the provisions of sections 1494-100 to 1494-10w, inclusive, including the collection and examination of specimens of insecticides and fungicides, manufactured or compounded or introduced or shipped or sold or offered for sale, in this state, shall be devised and executed under the direction of the director of the agricultural experiment station. (1911 c. 325, 1911 c. 664 s. 46.)

District attorneys to prosecute.-SECTION 1494-10r. It shall be the duty of each district attorney to whom the director of the agricultural experiment station or his deputy shall present satisfactory evidence of violation of any provision or provisions of sections 1494-100 to 1494-10w, inclusive, to institute and prosecute without delay appropriate proceedings in the proper court for the enforcement of the provisions of sections 1494-100 to 1494-10w, inclusive. (1911 c. 325; 1911 c. 664 s. 46.)

Immunity by wholesalers guaranty.-SECTION 1494-10s. No dealer or agent shall be prosecuted under the provisions of sections 1494-100 to 1494-10w, inclusive, when he can establish a guaranty signed by the wholesaler, jobber, manufacturer or other party residing in the United States, from whom he purchased such articles, to the effect that the same is not adulterated or misbranded within the meaning of sections 1494-100 to 1494-10w, inclusive, designating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer or agent, and in such case said party or parties shall be amenable to the prosecutions, fines and other penalties, which would attach in due course to the dealer or agent under the provisions of sections 1494-100 to 1494-10w, inclusive (1911c. 325; 1911c. 664s. 46).

Definition of terms.-SECTION 1494-10t. The term "insecticide" as used in sections 1494-100 to 1494-10w, inclusive, shall include any substance or mixture of substances intended to be used for preventing, destroying, repelling or mitigating any insects which may infest vegetation, man or other animals, or households, or be present in any environment whatsoever. The term "Paris green" as used in sections 1494-100 to 1494-10w, inclusive, shall include the product sold in commerce as Paris green and chemically known as the aceto-arsenite of copper. The term "lead. arsenate" as used in sections 1494-100 to 1494-10w, inclusive, shall include the product or products sold in commerce as lead arsenate and consisting chemically of products derived from arsenic acid (H3AsO1) by replacing one or more hydrogen atoms by lead. The term "fungicide" as used in sections 1494-100 to 1494-10w, inclusive, shall include any substance or mixture of substances intended to be used for preventing, destroying, repelling or mitigating any and all fungi that may infest vegetation or be present in any environment whatsoever. (1911c. 325; 1911c. 664 s. 46.)

Adulteration defined.-SECTION 1494-10u. 1. For the purpose of sections 1494-100 to 1494-10w, inclusive, any article shall be deemed to be adulterated:

In case of paris green: First, if it does not contain at least fifty per cent of arsenious oxide; second, if it contains arsenic in water-soluble forms equivalent to more than three and one-half per cent of arsenious oxide; third, if any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength. 2. In the case of lead arsenate: First, if it contains more than fifty per cent of water; second, if it contains total arsenic equivalent to less than twelve and one-half per cent of arsenic oxid (As2O5); third, if it contains arsenic in water-soluble forms equivalent

to more than seventy-five one hundredths per cent of arsenic oxid (As¿05); fourth, if any substances have been mixed and packed with it so as to reduce, lower or injuriously affect its quality or strength; [provided, however,] that extra water may be added to lead arsenate (as described in this paragraph) if the resulting mixture is labeled lead arsenate and water, the percentage of extra water being plainly and correctly stated on the label.

3. In the case of insecticides or fungicides, other than paris green and lead arsenate: First, if its strength or purity fall below the professed standard or quality under which it is sold; second if any substance has been substituted wholly or in part for the article; third, if any valuable constituent of the article has been wholly or in part abstracted; fourth, if it is intended for use on vegetation and shall contain any substance or substances which, although preventing, destroying, repelling or mitigating insects, shall be injurious to such vegetation when used. (1911 c. 325; 1911 c. 664 s. 46.)

Misbranding defined.-SECTION 1494-10v. 1. The term "misbranded" as used herein shall apply to all insecticides, paris greens, lead arsenates or fungicides, or articles which enter into the composition of insecticides or fungicides, the package or label of which shall bear any statement, design or device regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular, and to all insecticides, paris greens, lead arsenates or fungicides which are falsely branded as to the state, territory or country in which they are manufactured or produced.

2. For the purpose of sections 1494-100 to 1494-10w, inclusive, an article shall be deemed to be misbranded:

(a) In the case of insecticides, paris greens, lead arsenates and fungicides: First, if it be an imitation or offered for sale under the name of another article; second, if it be labeled or branded so as to deceive or mislead the purchaser, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package; third, if in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package.

(b) In the case of insecticides (other than paris green and lead arsenates) and fungicides: First, if it contains arsenic in any of its combinations or in the elemental form and the total amount of arsenic present (expressed as per cent of metallic arsenic) is not stated on the label; second, if it contains arsenic in any of its combinations or in the elemental form and the amount of arsenic in water-soluble forms (expressed as per cent of metallic arsenic) is not stated on the label; third, if it consists partially or completely of an inert substance or substances which do not prevent, destroy, repel or mitigate insects or fungi, and does not have the names and percentage amounts of each and every one of such inert ingredients plainly and correctly stated on the label; that in lieu of naming and stating the percentage amount of each and every ingredient the producer may at his discretion state plainly upon the label the correct names and percentage amounts of each and every ingredient of the insecticide or fungicide having insecticidal or fungicidal properties, and make no mention of the inert ingredients, except in so far as to state the total percentage of inert ingredients present. (1911 c. 325; 1911 c. 664, s. 46).

Fees for examination or analysis.-SECTION 1494-10w. A fee not to exceed five dollars may be collected for the examination or analysis of each sample of insecticide or fungicide submitted by any manufacturer, wholesaler, jobber, or dealer. Such fees shall be paid into the state treasury to constitute a special fund. Expenses in carrying out the provisions of sections 1494-100 to 1494-10w inclusive, shall be paid out of said special fund on approval by the director of the agricultural experiment station. (1911 c. 325; 1911 c. 664 s. 46.)

Wisconsin Statutes, 1911, ch. 61.