Chap. 477.—An ACT to prevent the manufacture, sale, or transportation within
the Commonwealth of adulterated or misbranded Paris greens, lead arsen-
ates, lime-sulphur compounds, and other insecticides and fungicides, and
regulating traffic therein; providing for inspection of such materials, and
imposing penalties. (S B 215]

Approved March 27, 1922.

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 ob-
tained. 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 agri-
culture 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 chem-
ically 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 arserious 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 equiva-
lent 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 mix-
ture 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, al-
though 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 fungi-
cides—First, if it be an imitation, or offered for sale under the name
of another article; second, if it be labled or branded so as to deceive
or mislead the purchaser, or if the contents of the package as origi-
nally 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 insecti-
cides 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 mis-
demeanor, 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.