СПАР. 119 Term "misbranded" defined. Seed, when deemed to be misbranded. Commercial feeding stuff, when deemed to be misbranded. Commercial fertilizer, when deemed to be misbranded. alent to more than seventy-five one-hundredths per centum of arsenic oxide (As 205). 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 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 fungicide or insecticide 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 injurious to such vegetation. Section 12. The term "misbranded" as used herein, shall apply to all articles of agricultural seed, commercial feeding stuff, commercial fertilizer, drug, food, fungicide and insecticide, 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, or which is falsely branded in any particular. For the purpose of this act an article shall also be deemed to be misbranded. In case of agricultural seed: If any lot or package fail to bear all the statements required by section three. In case of commercial feeding stuff: First. If any package fails to bear all of the statements required by section four. Second. If the printed statements required by section four to be affixed to the package differ from the statements required by section five. Third. If any brand is manufactured, transported, distributed, sold, offered or exposed for sale, distribution, or transportation upon which the registration fee required by section five has not been paid. In case of commercial fertilizer: First. If any package fail to bear all the stateinents required by section six. Second. If the printed statements required by section six to be affixed to the package differ from the statement required by section seven. Third. If any brand is manufactured, distributed, transported, sold, offered or exposed for sale, distribution or transportation upon which the registration fee required by section seven has not been paid. In case of drug: CHAP. 119 Drugs, when deemed to be First. If it be an imitation of or offered for sale under the misbranded. name of another article. Second. 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, or, except in the case of a physician's prescription compounded by a physician or a registered pharmacist, if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate or acetanilide or any derivative or any preparation of any such substances contained therein. In case of food: Food, when deemed to be First. If it be an imitation of or offered for sale under the misbranded. distinctive name of another article. Second. 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, or if it fail to bear a statement on the label of the quantity or proportion of each and any added coloring matter, preservative, chemical or drug contained therein. Third. If the package containing it or its label shall bear any statement, design, or device regarding the ingredients or the substances contained therein, which statement, design, or device shall be false or misleading in any particular: Provided, that an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases: First. In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured or produced. Second. In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, CHAP. 119 Fungicide Uniform rules and regulations and standards of purity, by whom made. Annual analysis, by whom made. or blends, and the word "compound," "imitation," or "blend," First. If any lot or package fail to bear all the statements required by section eight. Second. If the printed statements required by section eight to be affixed to the lot or package differ from the statements required by section nine. Third. If any brand is manufactured, transported, distributed, sold or offered or exposed for sale, distribution or transportation upon which the registration fee required by section nine has not been paid. Fourth. If it be an imitation of or offered for sale under the name of another article. Fifth. 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 packages. Sixth. 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 percentage amount of such inert ingredient plainly and correctly stated on the label. Section 13. The director of the Maine agricultural experiment station shall make uniform rules and regulations for carrying out the provisions of this act. The said director may also fix standards of purity, quality or strength when such standards are not specified or fixed by law and shall publish them together with such other information concerning articles of agricultural seed, commercial feding stuff, commercial fertilizer, drug, food, fungicide and insecticide as he may deem to be of public benefit. Section 14. The director of the Maine agricultural experiment station shall annually analyze, or cause to be analyzed, samples of articles of agricultural seed, commercial feeding CHAP. 119 stuff, commercial fertilizer, drug, food, fungicide and insecticide, at such time and to such extent as said director may determine. And said director, in person or by deputy, shall have free access, ingress and egress at all reasonable hours to any place or any building wherein articles of agricultural seed, commercial feeding stuff, commercial fertilizer, drug, food, fungicide, insecticide are manufactured, stored, transported, sold, offered or exposed for sale. He shall also have power, in person or by deputy to open any case, package or other container, and may, upon tendering the market price, take samples for analysis. The results of all analyses of articles of agricultural results of seed, commercial feeding stuff, commercial fertilizer, drug, food, published. fungicide and insecticide made by said director shall be published by him in the bulletins or reports of the experiment station, together with the names of the persons from whom the samples were obtained, the names of the manufacturers thereof, and such additional information as to him may seem advisable. Section 15. When the said director becomes cognizant of the violation of any of the provisions of this act he shall cause notice of such fact, together with a copy of the findings, to be given to the person from whom the sample was obtained, and the person whose name appears upon the label. The persons so notified shall be given an opportunity to be heard under such rules and regulations as may be prescribed by said director. Notices shall specify the date, hour and place of the hearing. Section 16. Any person who adulterates or misbrands within the meaning of this act, any article of agricultural seed, commercial feeding stuff, commercial fertilizer, drug, food, fungicide or insecticide, or any person who manufactures, sells, distributes, transports, offers or exposes for sale, distribution or transportation any article or agricultural seed, commercial feeding stuff, commercial fertilizer, drug, food, fungicide or insecticide in violation of any of the provisions of this act, shall be punished by a fine not exceeding one hundred dollars for the first offense, and by a fine not exceeding two hundred dollars for each subsequent offense. Section 17. No person shall be prosecuted under the provisions of this act when he can establish proof of purchase and a guaranty signed by the person residing in the United States, from whom the purchase was made, to the effect that the article in question is not adulterated or misbranded within the meaning of this act. Section 18. The word "person" as used in this act shall be construed to import both the plural and the singular, as the analyses to be Proceedings violation of in case of this act. Penalty for adulterating or misbrand ing. No prosecuthis act. tions under The word how con "person," strued. CHAP. 119 Director of experiment station, to enforce this act. -penalties, by whom recovered. -fines, how disposed of. -money received by director, how disposed of. -court jurisdiction. Every certificate signed by director dence. 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 person. Section 19. The director of the Maine agricultural experiment station shall diligently enforce all of the provisions of this act, and, in this connection, he shall be entitled to have and receive the advice, counsel and assistance of the attorney general and of the attorney for the state in the several counties. The said director in his discretion, may recover the penalties for the violation of the provisions of this act in an action on the case in his own name, the venue to be as in other civil actions, and the plaintiff prevailing in any such action shall recover full costs; or he may prosecute violators by complaint or indictment in the name of the state, and such prosecution may be commenced in the county in which the offense was committed, or in any adjoining county. All fines received under this act by county treasurers shall be paid by them to the director of the Maine agricultural experiment station. All money received by the director of the Maine agricultural experiment station under this act shall be paid by him to the treasurer of the Maine agricultural experiment station and shall be expended in carrying out the provisions of this act. Trial justices and municipal and police courts are hereby invested with original jurisdiction, concurrent with the supreme judicial and superior courts, to hear, determine, enter, and by appropriate process enforce judgment in actions commenced for the recovery of the penalties aforesaid, and to try, and, upon conviction, to punish, for offenses against the provisions of this act. Section 20. Every certificate duly signed and acknowledged shall be pre- by the director of the Maine agricultural experiment station, sumptive evi- relating to the collection and analysis of any sample of agricultural seed, commercial feeding stuff, commercial fertilizer, drug, food, fungicide, or insecticide, shall be presumptive evidence of the facts herein stated. Certain sections and all acts incon sistent repealed. Section 21. Sections sixteen to thirty-three inclusive of chapter thirty-nine of the revised statutes, and all amendments and additions thereto, chapter sixty-six of the public laws of nineteen hundred and five, chapter one hundred and twenty |