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[Act No. 3091, (1923-03-16)](
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[ Act No. 3091, March 16, 1923 ]


Be it enacted by the Senate and House of Representatives of the Philippines in Legislature assembled  and by  the authority of the same:

SECTION 1.  It shall be unlawful for any person, association  or corporation to import, manufacture,  sell or offer for sale, within the Philippine Islands, any  insecticide or fungicide  which is adulterated or misbranded, within  the meaning of this Act.

SEC. 2.  It shall be unlawful for any person, association or corporation to defraud any other person or corporation by misrepresenting the value, quality or composition 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 power.

SEC. 3.  The Secretary of Agriculture and. Natural Resources shall promulgate uniform rules and regulations  for enforcing  this Act, including the  collection and  examination, by  existing  bureaus,  of  insecticides  and fungicides, imported,  manufactured,  or  offered for sale in the Philippines 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 such  specimens are adulterated  or misbranded within the meaning of this Act,  the Secretary of Agriculture and Natural Resources shall  cause notice thereof to be given to the party from  whom such sample was obtained.  Any party so notified shall be given an  opportunity to be heard, under  such rules and  regulations as may  be prescribed as aforesaid, and if it appears that any of the provisions of this Act have been violated by such party, then the Secretary of Agriculture and Natural  Resources shall at once certify the facts to the Attorney-General, with a copy of the results of the analysis or the examination of  such articles duly authenticated and sworn to by the analyst or officer making such examination.

SEC. 4.  It shall be the duty of the Attorney-General to whom the Secretary of Agriculture and Natural Resources shall report any violation of this Act, or to whom the  Director of  the Bureau of Science or agent  under  authority of the Secretary of Agriculture and Natural Resources shall present satisfactory evidences of any such violation, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the Philippines, without delay, for the enforcement of the penalties as in such case herein provided.

SEC. 5.  For the purposes of this Act, the following terms are defined:

(a)  Insecticide.—This term shall include any substance, or mixture 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.

(b)  Paris green.—This term  shall include the product sold in commerce as Paris green, and chemically known as the aceto-arsenate of copper.

(c)  Lead arsenate.—This term shall include the product or products sold in  commerce as lead  arsenate, and consisting chemically of products  derived  from arsenic acid (H3AsO4), by replacing one  or  more  hydrogen atoms by lead.

(d)  Fungicide.—This  term  shall  include any substance, or mixture of substances, intented to be used for preventing, destroying,  repelling, or  mitigating  any and  all fungi or other micro-organisms that may infest vegetation, or animals, or  be present in any environment whatsoever.

(e)  Misbranded.—This term shall apply to Paris  green, lead arsenate, and all other insecticides or fungicides, or articles which enter into the composition of  insecticides or fungicides, the package, label, or accompanying descriptive circulars which  shall bear  any statement, design, or device regarding such article, or the  ingredients or sub- stances contained therein, which shall be false or misleading in any particular, and to all insecticides or fungicides, which are falsely branded as to the territory, or country in which they are manufactured or produced.

SEC. 6. For the purposes  of  this Act, an  article shall be deemed to  be adulterated:

(a)  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  (3.5%)  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.

(b)  In the case of lead arsenate,—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 (12.5%)  of arsenic oxide (As2O5) ; third, if it contains arsenic in water soluble forms equivalent to more than  seventy-five one hundreds per  centum  (75/100% or ¾) of arsenic oxide (As2O5); fourth, if any substances have been  mixed and packed with it  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.

(c)  In the case of insecticides or fungicides other than Paris  green  and lead  arsenate,—first,  if  its strength or purity fall below the professed standard or  quality under which it is sold;  second,  if any substance has been  substituted wholly or in part  for any given insecticide or  fungicide;  third, if any valuable  constituent of the  articles has  been wholly or in part abstracted; fourth, if it is intended for use of  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.

SEC. 7. For the purposes of this Act, an article shall be deemed to be misbranded:

(a)  In the case  of  insecticides, Paris green,  lead arsenates,  and all other insecticides or  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  place  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.

(b) In the case of insecticides (other than Paris greens and  lead  arsenates)  and  fungicides,—first,  if it contains arsenic in any of its combinations or in the elemental form, and  the total amount of arsenic present (expressed as per centum of  metallic arsenic)  is  not  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 forms (expressed as per centum of metallic arsenic) 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 of each and every ingredient, the  producer may, at his discretion, state plainly upon  the label the correct names and percentage amounts of each and every ingredient of the insecticide or fungicide having insecticidal or fungicidal properties, and make no mention  of  the inert ingredients, except in so far as to state the  total  percentage of inert ingredients present.

SEC. 8.  No dealer shall be prosecuted under  the provisions of this Act  when he  can  establish a guaranty signed by the  wholesaler, jobber, manufacturer, or other  party residing in the Philippine Islands,  from whom he  purchases such articles, to the effect that  the same is not adulterated or misbranded within the  meaning of this Act, designating it.   Said guaranty,  to  afford protection, shall contain  the name  and address 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 prosecutions,  fines, and other  penalties which  would be attached, in due course, to the dealer under the provisions  of this Act.

SEC. 9. Any article of insecticide or fungicide that is adulterated or misbranded within the meaning of this Act, that, having been transported, remains unloaded, unsold, or in original unbroken  packages, or if it be sold,  or offered for sale in the Philippine Islands, or if it be imported from the United States or  a foreign country for sale, or if it is intended for export to  the  United States  or to a foreign country, shall be liable to be proceeded against in the Court of First Instance  in the Philippine Islands of the judicial district within which  the same is found, and shall be seized for confiscation and  condemnation  by said  court in  the proceedings so initiated.   And if such article is found to be adulterated  or misbranded,  or of  deleterious  character, within the meaning of this Act, 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 Insular Treasury, but such goods shall not be sold  in the  Philippine  Islands contrary to the provisions of this Act: Provided,  however, That upon the payment  of the  costs of the proceedings as provided in this section  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 Act or laws of the United  States, or of any states, territory,  district,  or  insular  possession  of the United States, the court may order and direct that such articles be delivered to the owner thereof.

SEC. 10. The Insular Collector of Customs shall deliver to the Director  of Science,  samples of  insecticides and fungicides which  are being  imported into the  Philippine Islands or offered for import, giving notice thereof to the owner or  consignee, who may appear before the Secretary of Agriculture and Natural Resources or  any official designated by him and have the  right to introduce  testimony, and if it  appears from the examination of  such samples that any  articles of insecticide  or fungicide  offered  to be imported into the Philippine Islands is adulterated or misbranded within the meaning of this Act, or otherwise deleterious to cultivated plants, or is otherwise falsely labeled in any respect, the said articles  shall be refused admission. In such case, the Insular  Collector of Customs shall refuse delivery to  the consignee and shall cause the  destruction of the good  unless the  consignee  export the same within three months from the date of notice of such  refusal under such regulations  as the Insular Collector of  Customs may prescribe: Provided,  That the  Insular  Collector of  Customs  may deliver to the consignee such  goods pending examination  and  decision  in the matter upon  the execution of a penal bond for double 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 Insular Collector of Customs,  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 claim against such owner or consignee  and a lien against any future importation made by the same.

SEC. 11. Any person who shall violate any of  the provisions of this. Act, or any  rule or regulation of the Secretary of Agriculture and Natural  Resources promulgated under this  Act, shall, upon conviction thereof, be  fined  in  an amount not to exceed one thousand pesos or sentenced to imprisonment for a period not to exceed one year, or both such fine and  imprisonment,  in the discretion of the court.

SEC. 12. This Act shall be known as the "Insecticide and Fungicide Act."

SEC. 13. This Act shall take effect on July first nineteen hundred and twenty-three.

Approved, March 16, 1923.