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of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecution, fines, and other penalties which would attach in due course to the dealer under the provisions of this chapter. (Apr. 26, 1910, ch. 191, $ 9, 36 Stat. 334.)

§ 133. Seizure and condemnation of adulterated or misbranded articles; disposition of articles or proceeds; procedure; jury trial. -Any insecticide, Paris green, lead arsenate, or fungicide that is adulterated or misbranded within the meaning of this chapter and is being transported from one State, Territory, or District, to another for sale, or having been transported, remains unloaded, unsold, or in original unbroken packages, or if it be sold or offered for sale in the District of Columbia or any Territory of the United States, or if it be imported from a foreign country for sale, shall be liable to be proceeded against in any district court of the United States within the district wherein the same is found and seized for confiscation by a process of libel for condemnation. And if such article is condemned as being adulterated or misbranded, within the meaning of this chapter, 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 chapter, 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 chapter or the laws of any Statė, 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.. (Apr. 26, 1910, ch. 191, § 10, 36 Stat. 334.)

8 134. Importation of articles; examination of samples; exclusion if adulterated, etc.; destruction or exportation; provisional delivery to consignee; bond; charges and lien.-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 chapter, 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 re

fuse delivery to the consignee and shall cause the destruction 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. (Apr. 26, 1910, ch. 191, § 11, 36 Stat. 334.)

Chapter 7.-INSECT PESTS GENERALLY

MEDITERRANEAN FRUIT FLY INVESTIGATION BOARD Act May 23, 1938, ch. 260, 52 Stat. 436, created a temporary board to investigate losses sustained by Florida farmers resulting from the campaign to eradicate the Mediterranean fruit fly. This board has now ceased to exist.

141. Transportation or removal of insect pests prohibited.No railroad, steamboat, express, stage, or other transportation company shall knowingly transport from one State or Territory into any other State or Territory, or from the District of Columbia into a State or Territory, or from a State or Territory into the District of Columbia, or from a foreign country into the United States, the gypsy moth, brown-tail moth, leopard moth, plum curculio, hop plant louse, boll weevil, or any of them in a live state, or other insect in a live state which is notoriously injurious to cultivated crops, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees; or the eggs, pupae, or larvae of any insect injurious as aforesaid, except when shiped for scientific purposes under the regulations hereinafter provided for; nor shall any person remove from one State or Territory into another State or Territory, or from a foreign country into the United States, or from a State or Territory into the District of Columbia, or from the District of Columbia into any State or Territory, except for scientific purposes under the regulations hereinafter provided for, the gypsy moth, brown-tail moth, leopard moth, plum curculio, hop plant louse, boll weevil, or any of them in a live state, or other insect in a live state which is notoriously injurious to cultivated crops, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees; or the eggs, pupae, or larvae of any insect injurious as aforesaid. (Mar. 3, 1905, ch. 1501, § 1, 33 Stat. 1269.)

§ 142. Mailing parcels, etc., containing insect pests; punishment. -Any letter, parcel, box, or other package containing the gypsy moth, brown-tail moth, leopard moth, plum curculio, hop plant louse, boll weevil, or any of them in a live state, or other insect in a live state which is notoriously injurious to cultivated crops, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees; or any letter, parcel, box, or package which contains the eggs, pupae, or larvae of any insect injurious as aforesaid, whether sealed as first-class matter or not, is hereby declared to be nonmailable matter, except when mailed for scientific purposes under the regulations hereinafter provided for, and shall not be conveyed in the mails, nor delivered from any post office, nor by any letter carrier, except when mailed for scientific purposes under the regulations hereinafter provided for; and any person who shall knowingly deposit, or cause to be deposited, for mailing or delivery, anything declared by this section to be nonmailable matter, or cause the same to be taken from the mails for the purpose of retaining, circulating, or disposing of, or of aiding in the retention, circulation, or disposition of the same shall, for each and every offense, be fined, upon conviction thereof, not more than $5,000 or imprisoned at hard labor not more than five years, or both, at the discretion of the court: Provided, That nothing in sections 141-144 of this title shall authorize any person to open any letter or sealed matter of the first class not addressed to himself. (Mar. 3, 1905, ch. 1501, § 2, 33 Stat. 1270.)

§ 143. Regulations for mailing, transportation, etc., for scientific purposes. It shall be the duty of the Secretary of Agriculture, and he is hereby authorized and directed to prepare and promulgate rules and regulations under which the insects covered by sections 141 and 142 of this title may be mailed, shipped, transported, delivered, and removed, for scientific purposes, from one State or Territory into another State or Territory, or from the District of Columbia into a State or Territory, or from a State or Territory into the District of Columbia, and any insects covered by sections 141 and 142 of this title may be so mailed, shipped transported, delivered, and removed for scientific purposes, under the rules and regulations of the Secretary of Agriculture: Provided, That the rules and regulations of the Secretary of Agriculture, insofar as they affect the method of mailing insects, shall be approved by the Postmaster General, and nothing in sections 141-144 of this title shall be construed to prevent any State from making and enforcing laws in furtherance of the purposes of sections 141-144 of this title, prohibiting or regulating the admission into that State of insects from a foreign country. (Mar. 3, 1905, ch. 1501, § 3, 33 Stat. 1270.)

§ 144. Punishment for unlawful transportation or removal.Any person, company, or corporation who shall knowingly violate the provisions of section 141 of this title shall, for each offense, be fined, upon conviction thereof, not more than $5,000 or imprisoned at hard labor not more than five years, or both, at the discretion of the court. (Mar. 3, 1905, ch. 1501, § 4, 33 Stat. 1270.)

$ 145. Mexican pink bollworm; establishment of zones free from cotton culture; cooperation with Mexican officials.-On account of the menace to cotton culture in the United States arising from the existence of the pink bollworm in Mexico, the Secretary of Agriculture, in order to prevent the establishment and spread of such worm in Texas and other parts of the United States, is authorized to make surveys to determine its actual distribution in Mexico; to establish, in cooperation with the States concerned, a zone or zones free from cotton culture on or near the border of any State or States adjacent to Mexico; and to cooperate with the Mexican Government or local Mexican authorities in the extermination of local infestations near the border of the United States. (Oct. 6, 1917, ch. 79, § 1, 40 Stat. 374.) oxsmevomal.-4

8 146. European corn borer; eradication or control.—To enable the Secretary of Agriculture to apply such methods of eradication or control of the European corn borer as in his judgment may be necessary, including the employment of persons and means in the District of Columbia and elsewhere and all other necessary expenses, the sum of $10,000,000 is hereby authorized to be appropirated, out of any money in the Treasury not otherwise appropriated, to be expended in cooperation with such authorities of the Ştates concerned, organizations, or individuals as the Secretary may deem necessary to accomplish such purposes: Provided, That in the discretion of the Secretary of Agriculture no expenditures shall be made hereunder until the States wherein the European corn borer exists shall have provided necessary regulatory legislation and until a sum or sums adequate to State cooperation shall have been appropriated, subscribed, or contributed by States, county, or local authorities or individuals or organizations: Provided further, That expenditures from this appropriation for any necessary farm clean-up incidental to such eradication or control shall include only such as are, in the judgment of the Secretary of Agriculture, additional to those normal and usual in farm operations: Provided further, That no part of this appropriation shall be used to pay the cost or value of corn or other farm crops or other property injured or destroyed: And provided further, That the Secretary of Agriculture may receive, and shall cover into the Treasury as miscellaneous receipts, any and all moneys authorized by the law of any State to be paid to the United States out of amounts assessed against and collected from any owner of premises who refuses or neglects to carry out State-control requirements, when such moneys represent expenditures made on such premises by the United States under the provisions of this section. (Feb. 9, 1927, ch. 90, 44 Stat. 1065.)

§ 147. Same; additional appropriation.—To enable the Secretary of Agriculture to apply such methods of eradication or control of the European corn borer over such area or areas as in his judgment may be necessary, including the employment of persons and means in the District of Columbia and elsewhere and all other necessary expenses, the sum of $7,000,000 is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to be expended in cooperation with such authorities of the States concerned, organizations, or individuals as the Secretary may deem necessary to accomplish such purposes: Provided, That no part of the appropriation herein authorized shall be expended for the purchase of new machinery unless the Secretary of Agriculture deems such expenditure necessary by reason of an emergency, and in such case an amount not to exceed 1 per centum may be so expended : Provided further, That an amount not to exceed 9 per centum of the appropriation herein authorized may be expended for the employment of persons and means in the District of Columbia and elsewhere and all other necessary expenses other than necessary expenses for farm cleanup incidental to such eradication or control: Provided further, That in the discretion of the Secretary of Agriculture no expenditure shall be made hereunder until the States wherein the European corn borer exists shall have provided necessary regulatory legislation and until a sum or sums adequate to State cooperation shall have been appropriated, subscribed, or contributed by States, county, or local authorities or individuals or organizations: Provided further, That expenditures from the appropriation herein authorized for any necessary farm clean-up incidental to such eradication or control shall include only such as are, in the judgment of the Secretary of Agriculture, additional to those normal and usual in farm operations, and shall not exceed 90 per centum: Provided further, That no part of the appropriation herein authorized shall be used to pay the cost or value of corn or other farm crops or other property injured or destroyed: And provided further, That the Secretary of Agriculture may receive, and shall cover into the Treasury as miscellaneous receipts, any and all moneys authorized by the law of any State to be paid to the United States out of amounts assessed against and collected from any owner of premises who refuses or neglects to carry out State-control requirements when such moneys represent expenditures made on such premises by the United States under the provisions of this section. (May 24, 1928, ch. 734, 45 Stat. 734.)

§ 147a. Control and eradication of pests and plant diseases; cooperation of States and farmers' associations; definition of State; rules and regulations; appropriations.-- (a) The Secretary of Agriculture either independently or in cooperation with States or political subdivisions thereof, farmers' associations, and similar organizations, and individuals, is authorized to carry out operations or measures to eradicate, suppress, control, or to prevent or retard the spread of Japanese beetle, sweetpotato weevil, Mexican fruitflies, citrus canker, gypsy and brown-tail moth, Dutch elm disease, phony peach and peach mosaic, cereal rusts, corn borer, and pink bollworm and thurberia weevil: Provided, That the Secretary of Agriculture is further authorized to cooperate with the Government of Mexico or local Mexican authorities in carrying out necessary surveys and control operations in Mexico in connection with the eradication, suppression, control, and prevention or retardation of the spread of Mexican fruitflies, and pink bollworm and thurberia weevil. In performing the operations or measures herein authorized, the cooperating foreign country, State, or local agency shall be responsible for the authority necessary to carry out the operations or measures on all lands and properties within the foreign country or State other than those owned or controlled by the Federal Government and for such other facilities and means as in the discretion of the Secretary of Agriculture are necessary. As used in this section, the term "State" includes the District of

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