CHAP. 477.--An ACT to prevent the manufacture, sale, or transportation within the Commonwealth of adulterated or misbranded Paris greens, lead arsenates, lime-sulphur compounds, and other insecticides and fungicides, and regulating traffic therein; pro...

Section 1. Be it enacted by the general assembly of Virginia, That it shall be unlawful for any person to manufacture, sell, or offer for sale, within the Commonwealth, any insecticide or fungicide which is adulterated or misbranded, within the meaning of this act.

Sec. 2. That it shall be unlawful for any person to defraud any other person by knowingly or recklessly misrepresenting the value of any treatment applied to trees, shrubs, vines, or other plant material, or to any animal, for preventing, destroying, repelling or mitigating any insect, fungus, or bacterial disease, or for accelerating its growth or productive powers.

Sec. 3. That the commissioner of agriculture and immigration shall promulgate uniform rules and regulations for enforcing this act, including the collection and examination, by existing agencies, of insecticides and fungicides, manufactured or offered for sale in the Commonwealth, for the purpose of determining whether such articles are adulterated or misbranded within the meaning of this act; and, if it shall appear after such examination that any of such specimens are adulterated or misbranded within the meaning of this act, the commissioner of agriculture and immigration shall cause notice thereof to be given to the person from whom such sample was obtained. Any person so notified shall be given an opportunity to be heard at a designated time and place; and, if it appears that any of the provisions of this act have been violated, the commissioner of agriculture and immigration shall cause the certification of such facts to the proper court, with a copy of the results of the analysis or examination, authenticated by the analyst or expert, under oath. Results of analysis or examinations of insecticides and fungicides may be published, under the direction of the commissioner of agriculture and immigration.

Sec. 4. That for the purposes of this act, the word "person" shall include corporations, companies, societies, associations, partnerships, or any individual or combination of individuals.

Sec. 5. That the term "insecticides," as used in this act, shall include any substance, or mixtures of substances, intended to be used for preventing, destroying, repelling, or mitigating any insects which may infest vegetation, man or animals, or households, or be present in any environment whatsoever. 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, 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, man or animals, or be present in any environment whatsoever.

Sec. 6. 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 forms 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 paste -- 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; third, if it contains arsenic in water-soluble forms equivalent to more than seventy-five one-hundredths per centum of arsenic oxid. In the case of dry powdered lead arsenate -- First, if it contains total arsenic equivalent to less than twenty-five per centum of arsenic oxid; second, if it contains arsenic in water soluble forms equivalent to more than one hundredth per centum of arsenic oxid; fourth, if any substances have been mixed and packed with either form of arsenate of lead 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, purity or efficacy 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 or fungi, shall be injurious to such vegetation when used under normal conditions according to the direction of the manufacturer.

Sec. 7. 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, label, or accompanying descriptive circulars 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 purposes of this act, an article shall be deemed to be misbranded:

In the case of insecticides, Paris green, 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 the quantity of the contents be not plainly and correctly marked on the outside of the package, in terms of weight, measure, or numerical count.

In case of insecticides and fungicides -- First, if the correct names and percentage amounts of each and every ingredient of the insecticides or fungicides having insecticidal or fungicidal properties are not plainly 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 form (expressed as per centum of metallic arsenic or arsenic oxid) is not stated on the label; third, if it consists, partially or completely, of an inert substance or substances which do not effectively prevent, destroy, or repel insects or fungi, and does not have the names and percentage amounts of each and every one of such inert ingredients, and the fact that they are inert, plainly and correctly stated on the label. Provided, however, that in lieu of naming and stating the percentage amounts of each and every inert ingredient the producer may state on the label the total percentage of inert ingredients present and the fact that they are inert.

Sec. 8. That any insecticide or fungicide that is condemned as being adulterated or misbranded, within the meaning of this act, shall be confiscated and disposed of by destruction, or in such other manner as the court may direct.

Sec. 9. Any person who shall violate any of the provisions of this act, or any rule or regulation of the commissioner of agriculture and immigration promulgated under this act, 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.