Act. This guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such article to such dealer, 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 under the provisions of this Act.

LIBEL FOR CONDEMNATION PROCEEDINGS

SEC. 4. (a) Any dangerous caustic or corrosive substance in a misbranded parcel, package, or container suitable for household use shall be liable to be proceeded against in the district court of the United States for any judicial district in which the substance is found and to be seized for confiscation by a process of libel for condemnation, if such substance is being

(1) Shipped in interstate or foreign commerce. or

(2) Held for sale or exchange after having been so shipped, or (3) Held for sale or exchange in any Territory or possession or in the District of Columbia.

(b) If such substance is condemned as misbranded by the court it shall be disposed of in the discretion of the court

(1) By destruction.

(2) By sale. The proceeds of the sale, less legal costs and charges, shall be paid into the Treasury as miscellaneous receipts. Such substance shall not be sold in any jurisdiction contrary to the provisions of this Act or the laws of such jurisdiction, and the court may require the purchaser at any such sale to label such substance in compliance with law before the delivery thereof.

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

(c) 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. In case of a jury trial the verdict of the jury shall have the same effect as a finding of the court upon the facts. All such proceedings shall be at the suit and in the name of the United States.

EXCLUSION OF MISBRANDED IMPORTS

SEC. 5. (a) Whenever in the case of any dangerous caustic or corrosive substance being offered for importation the Secretary of Agriculture has reason to believe that such substance is being shipped in interstate or foreign commerce in violation of section 3, he shall give due notice and opportunity for hearing thereon to the owner or consignee and certify such fact to the Secretary of the Treasury, who shall thereupon (1) refuse admission and delivery to the consignee of such substance, or (2) deliver such substance to the consignee pending examination, hearing, and decision in the matter, on the execution of a penal bond to the amount of the full invoice value of such substance, together with the duty thereon, if any, and to the effect that on refusal to return such substance for any cause

to the Secretary of the Treasury when demanded, for the purpose of excluding it from the country or for any other purpose, the consignee shall forfeit the full amount of the bond.

(b) If, after proceeding in accordance with subdivision (a), the Secretary of Agriculture is satisfied that such substance being offered for importation was shipped in interstate or foreign commerce in violation of any provision of this Act, he shall certify the fact to the Secretary of the Treasury, who shall thereupon notify the owner or consignee and cause the sale or other disposition of such substance refused admission and delivery or entered under bond, unless it is exported by the owner or consignee or labeled by him so as to conform to the law within three months from the date of such notice, under such regulations as the Secretary of the Treasury may prescribe. All charges for storage, cartage, or labor on any such substance refused admission or delivery or entered upon bond shall be paid by the owner or consignee. In default of such payment such charges shall constitute a lien against any future importations made by such owner or consignee.

REMOVAL OF LABELS

SEC. 6. No person shall alter, mutilate, destroy, obliterate, or remove any label or sticker required by this Act to be placed on any dangerous caustic or corrosive substance, if such substance is being(a) Shipped in interstate or foreign commerce; or

(b) Held for sale or exchange after having been so shipped; or (c) Held for sale or exchange in any Territory or possession or by the District of Columbia.

PENALTIES

SEC. 7. Any person violating any provision of section 3 or 6 shall upon conviction thereof be punished by a fine of not more than $200 or imprisonment for not more than ninety days, or by both.

INSTITUTION OF LIBEL FOR CONDEMNATION AND CRIMINAL PROCEEDINGS

SEC. 8. It shall be the duty of each United States district attorney to whom the Secretary of Agriculture shall report any violation of section 3 or 6 of this Act or to whom any health, medical, or drug officer or agent of any State, Territory, or possession, or of the District of Columbia presents satisfactory evidence of any such violation, to cause libel for condemnation and criminal proceedings under sections 4 and 7 to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the condemnation and penalties provided in such sections.

ENFORCEMENT OF ACT

SEC. 9. (a) Except as otherwise specifically provided in this Act, the Secretary of Agriculture shall enforce its provisions.

(b) For enforcing the provisions of sections 4. 5, and 7, the Secretary of Agriculture may cause investigations, inspections,

analyses, and tests to be made and samples to be collected, of any dangerous caustic or corrosive substance. The Department of Agriculture shall pay to the person entitled, upon his request, the reasonable market value of any such sample taken. If it appears from the inspection, analysis, or test of any dangerous caustic or corrosive substance that such substance is in a misbranded package, parcel, or container suitable for household use, the Secretary of Agriculture shall cause notice thereof to be given to any person who may be liable for any violation of section 3 or 6 in respect of such substance. Any person so notified shall be given an opportunity to be heard under regulations prescribed by the Secretary of Agriculture. If it appears that such person has violated the provisions of section 3 or 6 the Secretary of Agriculture shall at once certify the facts to the proper United States district attorney, with a copy of the results of the inspection, analysis, or test duly authenticated under oath by the person making such inspection, analysis, or test. (c) For the enforcement of his functions under this Act the Secretary of Agriculture is authorized

(1) To prescribe and promulgate such regulations as may be

necessary.

(2) To cooperate with any department or agency of the Government, with any State, Territory, or possession, or with the District of Columbia, or with any department, agency, or political subdivision thereof, or with any person.

(3) Subject to the civil service laws to appoint and, in accordance with the Classification Act of 1923, to fix the salaries of such officers and employees as may be required for the execution of the functions of the Secretary of Agriculture under this Act and as may be provided for by the Congress from time to time.

(4) To make such expenditures (including expenditures for personal services and rent at the seat of government and elsewhere, and for law books, books of reference, and periodicals) as may be required for the execution of the functions vested in the Secretary of Agriculture by this Act and as may be provided for by the Congress from time to time.

(5) To give notice, by publication in such manner as the Secretary of Agriculture may by regulation prescribe, of the judgment of the court in any case under the provisions of this Act.

SEPARABILITY CLAUSE

SEC. 10. If any provision of this Act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby.

TIME OF TAKING EFFECT

SEC. 11. This Act shall take effect upon its passage; but no penalty or condemnation shall be enforced for any violation of the Act occurring within six months after its passage.

APPLICATION TO EXISTING LAW

SEC. 12. The provisions of this Act shall be held to be in addition to and not in substitution for the provisions of the following Acts: (a) The Food and Drugs Acts, approved June 30, 1906, as amended.

(b) The Insecticide Act of 1910, as amended.

(c) The Act entitled "An Act to regulate the practice of pharmacy and the sale of poisons in the District of Columbia, and for other purposes," approved May 7, 1906, as amended.

Approved, March 4, 1927.

[S. 672]

AN ACT

For the purpose of rehabilitating farm lands in the flood areas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That due to the emergency existing in various States as a result of the floods of 1927, county funds available from taxation are so impaired throughout the flood areas that a continued support of the normal constructive activities of these counties, including the employment of county extension agents in agriculture and home economics, will be impossible. The Secretary of Agriculture is hereby authorized, in cooperation with the several States and local agencies within these States, to continue or employ such county extension agents necessary to aid in quickly and adequately rehabilitating these flood-devastated farm areas.

SEC. 2. That for the purpose of this Act there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, not more than the sum of $500,000 for the employment of county extension agents, traveling, subsistence, and other necessary expenses, to be expended by the Secretary of Agriculture under such rules and regulations as he may prescribe for the proper carrying out of the purposes of this Act.

Approved, January 26, 1928.