(d) It shall be the duty of each United States attorney, to whom the Administrator or his agents shall report any violation of sections 135 to 135k of this title, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States without delay. (e) The Administrator shall, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of sections 135 to 135k of this title. (June 25, 1947, ch. 125, § 6, 61 Stat. 168; 1970 Reorg. Plan No. 3, § 2(a) (8) (i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat.-.) CODIFICATION "Environmental Protection Agency" was substituted for "United States Department of Agriculture" and "Administrator", meaning the Administrator of the Environmental Protection Agency was substituted for "Secretary", meaning the Secretary of Agriculture, pursuant to 1970 Reorg. Plan No. 3, § 2(a) (8) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. —, set out in the Appendix to Title 5, Government Organization and Employees, which transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act [sections 135 to 135k of this title]. EFFECTIVE DATE Section effective June 25, 1947, see note set out under section 135 of this title. TRANSFER OF FUNCTIONS Reorg. Plan No. 3 of 1970, § 2(a) (8) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat., set out in the Appendix to Title 5, Government Organization and Employees, transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act [sections 135 to 135k of this title]. All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F. R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 135, 135a of this title. §135e. Exemptions from penalties. (a) The penalties provided for a violation of section 135a (a) of this title shall not apply to (1) any person who establishes a guaranty signed by, and containing the name and address of, the registrant or person residing in the United States from whom he purchased and received in good faith the article in the same unbroken package, to the effect that the article was lawfully registered at the time of sale and delivery to him, and that it complies with the other requirements of sections 135 to 135k of this title, designating said sections. In such case the guarantor shall be subject to the penalties which would otherwise attach to the person holding the guaranty under the provisions of said sections; (2) any carrier while lawfully engaged in transporting an economic poison or device if such carrier upon request by a person duly designated by the Administrator shall permit such person to copy all records showing the transactions in and movement of the articles; (3) to public officials while engaged in the performance of their official duties; (4) to the manufacturer or shipper of an economic poison for experimental use only by or under the supervision of any Federal or State agency authorized by law to conduct research in the field of economic poisons; or by others if a permit has been obtained before shipment in accordance with regulations promulgated by the Administrator. (June 25, 1947, ch. 125, § 7, 61 Stat. 169; 1970 Reorg. Plan No. 3, § 2(a) (8) (i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. -.) CODIFICATION Section was enacted with a subsec. (a) but without a subsec. (b). "Administrator", meaning the Administrator of the Environmental Protection Agency, was substituted for "Secretary", meaning the Secretary of Agriculture, pursuant to 1970 Reorg. Plan No. 3, § 2(a) (8) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat., set out in the Appendix to Title 5, Government Organization and Employees, which transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act [sections 135 to 135k of this title]. EFFECTIVE DATE Section effective June 25, 1947, see note set out under section 135 of this title. TRANSFER OF FUNCTIONS Reorg. Plan No. 3 of 1970, § 2(a) (8) (i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. —, set out in the Appendix to Title 5, Government Organization and Employees, transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insect!cide, Fungicide, and Rodenticide Act [sections 135 to 135k of this title]. CROSS REFERENCES Prohibited acts, false guaranty, reliance upon guaranty under this section, see section 135a (c) (3) of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 135a of this title. § 135f. Penalties. (a) Any person violating section 135a (a) (1) of this title shall be guilty of a misdemeanor and shall on conviction be fined not more than $1,000. (b) Any person violating any provision other than section 135a (a) (1) of this title shall be guilty of a misdemeanor and shall upon conviction be fined not more than $500 for the first offense, and on conviction for each subsequent offense be fined not more than $1,000 or imprisoned for not more than one year, or both such fine and imprisonment: Provided, That an offense committed more than five years after the last previous conviction shall be considered a first offense. An article the registration of which has been terminated may not again be registered unless the article, its labeling, and other material required to be submitted appear to the Administrator to comply with all the requirements of sections 135 to 135k of this title. (c) Notwithstanding any other provision of this section, in case any person, with intent to defraud, uses or reveals information relative to formulas of products acquired under the authority of section 135b of this title, he shall be fined not more than $10,000 or imprisoned for not more than three years, or both such fine and imprisonment. (d) When construing and enforcing the provisions of sections 135 to 135k of this title, the act, omission, or failure, of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of such person as well as that of the person employed. (June 25, 1947, ch. 125, § 8, 61 Stat. 170; May 12, 1964, Pub. L. 88-305, § 5, 78 Stat. 193; 1970 Reorg. Plan No. 3, § 2(a) (8) (i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. CODIFICATION "Administrator", meaning the Administrator of the Environmental Protection Agency, was substituted for "Secretary", meaning the Secretary of Agriculture, pursuant to 1970 Reorg. Plan No. 3, § 2(a) (8) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat., set out in the Appendix to Title 5, Government Organization and Employees, which transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act [sections 135 to 135k of this title]. AMENDMENTS 1964 Subsec. (b). Pub. L. 88-305 deleted provision for fine for not more than $1,000 or imprisonment for not more than one year or both and automatic termination of registration in the case of offenses of which the registrant has been warned at the time of registration under protest. EFFECTIVE DATE OF 1964 AMENDMENT; TERMINATION OF CERTAIN EXISTING REGISTRATIONS UNDER PROTEST Amendment of subsec. (b) of this section by Pub. L. 88-305 effective on May 12, 1964 and termination thereupon of certain existing registrations under protest, see section 7 of Pub. L. 88-305, set out as a note under section 135 of this title. EFFECTIVE DATE OF NEMATOCIDE PLANT REGULATOR, DEFOLIANT, AND DESICCANT AMENDMENT OF 1959 Different effective dates of section with respect to certain provisions, see section 3 of Pub. L. 86-139. Aug. 7, 1959, 73 Stat. 287, set out as a note under section 135 of this title. EFFECTIVE DATE Different effective dates of section with respect to certain provisions, see note set out under section 135 of this title. TRANSFER OF FUNCTIONS Reorg. Plan No. 3 of 1970, § 2(a) (8) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. —, set out in the Appendix to Title 5, Government Organization and Employees, transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act [sections 135 to 135k of this title]. CROSS REFERENCES Misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure. § 135g. Seizures; disposition; costs against claimant. (a) Any economic poison or device that is being transported from one State, Territory, or District to another, or, having been transported, remains unsold or in original unbroken packages, or that is sold or offered for sale in the District of Columbia or any Territory, or that is imported from a foreign country. shall be liable to be proceeded against in any district court of the United States in the district where it is found and seized for confiscation by a process of libel for condemnation (1) in the case of an economic poison (a) if it is adulterated or misbranded; (b) if it is not registered pursuant to the provisions of section 135b of this title; (c) if it fails to bear on its label the information required by sections 135 to 135k of this title; or (d) if it is a white powder economic poison and is not colored as required under said sections; or (2) in the case of a device if it is misbranded. (b) If the article is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the legal costs, shall be paid into the Treasury of the United States, but the article shall not be sold contrary to the provisions of sections 135 to 135k of this title or of the laws of the jurisdiction in which it is sold: Provided, That upon the payment of the costs of the libel proceedings and the execution and delivery of a good and sufficient bond conditioned that the article shall not be sold or otherwise disposed of contrary to the provisions of said sections or the laws of any State, Territory, or District in which sold, the court may direct that such articles be delivcred 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 case, and all such proceedings shall be at the suit of and in the name of the United States. (c) When a decree of condemnation is entered against the article, court costs and fees, storage, and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article. (June 25, 1947, ch. 125, § 9, 61 Stat. 170; May 12, 1964, Pub. L. 88-305, § 6, 78 Stat. 193.) AMENDMENTS 1964 Subsec. (a)(1)(b). Pub. L. 88-305 substituted "is not registered" for "has not been registered." EFFECTIVE DATE OF 1964 AMENDMENT; TERMINATION OF CERTAIN EXISTING REGISTRATION UNDER PROTEST Amendment of subsec. (a)(1)(b) of this section by Pub. L. 88-305 effective on May 12, 1964 and termination thereupon of certain existing registrations under protest, see section 7 of Pub. L. 88-305, set out as a note under section 135 of this title. EFFECTIVE DATE OF NEMATOCIDE, PLANT REGULATOR, DEFOLIANT, AND DESICCANT AMENDMENT OF 1959 Different effective dates of section with respect to certain provisions, see section 3 of Pub. L. 86-139, Aug. 7, 1959, 73 Stat. 287, set out as a note under section 135 of this title EFFECTIVE DATE Different effective dates of section with respect to certain provisions, see note set out under section 135 of this title. CROSS REFERENCES Libel for condemnation of adulterated and misbranded food or drugs, see section 334 of Title 21, Food and Drugs. § 135h. Imports; prohibition against delivery; penal bonds; imposition of costs; liens. The Secretary of the Treasury shall notify the Administrator of the arrival of economic poisons and devices offered for importation and shall deliver to the Administrator, upon his request, samples of economic poisons or devices which are being imported or offered for import into the United States, giving notice to the owner or consignee, who may appear before the Administrator and have the right to introduce testimony. If it appears from the examination of a sample that it is adulterated, or misbranded or otherwise violates the prohibitions set forth in sections 135 to 135k of this title, 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, the said article may be refused admission, and the Secretary of the Treasury shall refuse 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 forefeit 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. (June 25, 1947, ch. 125, § 10, 61 Stat. 171; 1970 Reorg. Plan No. 3, § 2(a) (8) (i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. -.) CODIFICATION "Administrator", meaning the Administrator of the Environmental Protection Agency, was substituted for "Secretary", meaning the Secretary of Agriculture, pursuant to 1970 Reorg. Plan No. 3, § 2(a) (8) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat., set out in the Appendix to Title 5, Government Organization and Employees, which transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act [sections 135 to 135k of this title]. EFFECTIVE DATE OF NEMATOCIDE, PLANT REGULATOR, DEFOLIANT, AND DESICCANT AMENDMENT OF 1959 Different effective dates of section with respect to certain provisions, see section 3 of Pub. L. 86-139, Aug. 7, 1959, 73 Stat. 287, set out as a note under section 135 of this title. EFFECTIVE DATE Different effective dates of section with respect to certain provisions, see note set out under section 135 of this title. TRANSFER OF FUNCTIONS Reorg. Plan No. 3 of 1970, § 2(a) (8) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. -, set out in the Appendix to Title 5. Government Organization and Employees, transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insect cide, Fungicide, and Rodenticide Act [sections 135 to 135k of this title]. CROSS REFERENCES Regulations, Secretary of Treasury and Administrator of the Environmental Protection Agency to jointly prescribe regulations for enforcement of this section, see section 135d of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 135d of this title. § 1351. Delegation of duties. All authority vested in the Administrator by virtue of the provisions of sections 135 to 135k of this title may with like force and effect be executed by such employees of the Environmental Protection Service as the Administrator may designate for the purpose. (June 25, 1947, ch. 125, § 11, 61 Stat. 171; 1970 Reorg. Plan No. 3, § 2(a) (8) (i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. CODIFICATION "Environmental Protection Agency" was substituted for "Department of Agriculture" and "Administrator", meaning the Administrator of the Environmental Protection Agency was substituted for "Secretary", meaning the Secretary of Agriculture, pursuant to 1970 Reorg. Plan No. 3, § 2(a) (8) (i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. - set out in the Appendix to Title 5, Government Organization and Employees, which transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide. and Rodenticide Act [sections 135 to 135k of this title]. EFFECTIVE DATE Section effective June 25, 1947, see under section 135 of this title. TRANSFER OF FUNCTIONS note set out Reorg. Plan No. 3 of 1970, § 2(a) (8) (1), eff. Dec. 2, 1970. 35 F.R. 15623, 84 Stat., set out in the Appendix to Title 5, Government Organization and Employees, transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act [sections 135 to 135k of this title]. All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F R 3219. 67 Stat. 633, set out as a note under section 2201 of this title. § 135j. Appropriations; expenditures. (a) There is hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for the purposes and administration of sections 135 to 135k of this title. (b) The Administrator is authorized from the funds appropriated for sections 135 to 135k of this title to make such expenditures as he deems necessary, including rents, travel, supplies, books, samples, testing devices, furniture, equipment, and such other expenses as may be necessary to the administration of said sections. (June 25, 1947, ch. 125, § 12, 61 Stat. 172; 1970 Reorg. Plan No. 3, § 2(a) (8) (i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. CODIFICATION "Administrator", meaning the Administrator of the Environmental Protection Agency, was substituted for "Secretary", meaning the Secretary of Agriculture, pursuant to 1970 Reorg. Plan No. 3, § 2(a) (8) (i), eff. Dec. 2. 1970, 35 F.R. 15623, 84 Stat., set out in the Appendix to Title 5, Government Organization and Employees, which transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act sections 135 to 135k of this title]. Provisions of subsec. (a), which related to availability of appropriations to carry out the provisions of sections 135-135k of this title which take effect prior to the repeal of sections 121-134 of this title, were omitted as executed. EFFECTIVE DATE Section effective June 25, 1947, see note set out under section 135 of this title. TRANSFER OF FUNCTIONS Reorg. Plan No. 3 of 1970, § 2(a) (8) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. -, set out in the Appendix to Title 5, Government Organization' and Employees, transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act sections 135 to 135k of this title]. § 135k. Cooperation between departments and agencies. The Administrator is authorized to cooperate with any other department or agency of the Federal Government and with the official agricultural or other regulatory agency of any State, or any State, Territory, District, possession, or any political subdivision thereof, in carrying out the provisions of sections 135 to 135k of this title, and in securing uniformity of regulations. (June 25, 1947, ch. 125, § 13, 61 Stat. 172; 1970 Reorg. Plan No. 3, § 2(a) (8) (i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. CODIFICATION "Administrator", meaning the Administrator of the Environmental Protection Agency, was substituted for Sec. 570 346a. Tolerances for pesticide chemicals in or on raw agri cultural commodities. (a) Conditions of safety. (b) Establishment of tolerances. (c) Exemptions. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 601, 607,620, 679, 1033, 1049, 1052 of this title; title 16 section 778e; title 26 section 4817. SUBCHAPTER I.—SHORT TITLE § 301. Short title. This chapter may be cited as the Federal Food, Drug, and Cosmetic Act. (June 25, 1938, ch. 675. § 1, 52 Stat. 1040.) EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES Sections 342(c), 343 (e) (1), (g)—(k), 351(a) (4). 352(b), (d)-(h), 361(e) and 362(b) of this title effective Jan. 1, 1940 and sections 343 (e) (1), (g)—(k), 352(b), (d)-(h) and 362(b) of this title effective July 1, 1940 as provided by regulations for certain lithographed labeling and containers bearing certain labeling, see act June 23, 1939, ch. 242, §§ 1, 2, 53 Stat. 853, set out as a note under section 392 of this title. (c) The term "Department" means the Department of Health, Education, and Welfare. (d) The term "Secretary" means the Secretary of Health, Education, and Welfare. (e) The term "person" includes individual, partnership, corporation, and association. (f) The term "food" means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article. (h) The term "device" (except when used in paragraph (n) of this section and in sections 331 (i), 343 (f), 352 (c), and 362 (c)) of this title means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended (1) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or (2) to affect the structure or any function of the body of man or other animals. (k) The term "label" means a display of written. printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there |