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.

[H. R. 15649]

AN ACT

To provide for the eradication or control of the European corn borer. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 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 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 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 Act.

Approved, February 9, 1927.

(384)

[H. J. Res. 359]

JOINT RESOLUTION

Making an appropriation for the eradication or control of the European corn borer.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That to enable the Secretary of Agriculture to carry into effect the provisions of the Act entitled "An Act to provide for the eradication or control of the European corn borer," approved February 9, 1927, including all necessary expenses for the purchase of equipment and supplies, travel, employment of persons and means in the District of Columbia and elsewhere, rent outside the District of Columbia, printing, purchase, maintenance, repair, and operation of passenger-carrying vehicles outside the District of Columbia, and for such other expenses as may be necessary for executing the purposes of such Act, there is appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $10,000,000, to remain available until June 30, 1928: Provided, That no part of this appropriation shall be expended until all the States in the proposed control area shall have provided necessary regulatory legislation and until a sum or sums adequate in the judgment of the Secretary of Agriculture, to the cooperation of all the States in such area shall have been appropriated, subscribed, or contributed by State, county, or local authorities, or individuals or organizations: Provided further, That a report shall be made to Congress at the beginning of the first regular session of the Seventieth Congress setting forth in detail a classification of expenditures made from this appropriation prior to November 1, 1927.

Approved, February 23, 1927.

(385)

[H. R. 12632]

AN ACT

To provide for the eradication or control of the European corn borer.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 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 clean-up 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 Act.

Approved, May 24, 1928.

[CHAPTER 125-1ST SESSION]

[H. R. 1237]

AN ACT

To regulate the marketing of economic poisons and devices, and for other

purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE

SECTION 1. This Act may be cited as the "Federal Insecticide, Fungicide, and Rodenticide Act".

DEFINITIONS

SEC. 2. For the purposes of this Act―

a. The term "economic poison" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, and other forms of plant or animal life or viruses, except viruses on or in living man or other animals, which the Secretary shall declare to be a pest.

b. The term "device" means any instrument or contrivance intended for trapping, destroying, repelling, or mitigating insects or rodents or destroying, repelling, or mitigating fungi or such other pests as may be designated by the Secretary, but not including equipment used for the application of economic poisons when sold separately therefrom. c. The term "insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment whatsoever. d. The term "fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi.

e. The term "rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animal which the Secretary shall declare to be a pest.

f. The term "herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed.

g. The term "weed" means any plant which grows where not wanted. h. The term "insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as, for example, spiders, mites, ticks, centipedes, and wood lice.