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capital letters, the letters to be not less than twenty-four point size unless there is on the label or sticker no other type so large, in which event the type shall be not smaller than the largest type on the label or sticker; and
(4) Direction for treatment in case of accidental personal injury by any dangerous caustic or corrosive substance, except that such directions need not appear on labels or stickers, on parcels, packages, or containers at the time of shipment or of delivery for shipment by manufacturers and wholesalers for other than household use.
(c) The term "interstate or foreign commerce" means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof, or within any Territory or possession, or the District of Columbia.
(d) This chapter not to be construed as modifying or limiting in any way the right of any person to manufacture, pack, ship, sell, barter, and distribute dangerous caustic or corrosive substances in parcels, packages, or containers, labeled as required by this chapter. (Mar. 4, 1927, ch. 489, § 2, 44 Stat. 1406.)
8 403. Prohibition against misbranded shipments.—No person shall ship or deliver for shipment in interstate or foreign commerce or receive from shipment in such commerce any dangerous caustic or corrosive substance for sale or exchange, or sell or offer for sale any such substance in any Territory or possession or in the District of Columbia, in a misbranded parcel, package, or container suitable for household use; except that the preceding provisions of this section shall not apply
(a) To any regularly established common carrier shipping or delivering for shipment, or receiving from shipment, any such substance in the ordinary course of its business as a common carrier; nor
(b) To any person in respect of any such substance shipped or delivered for shipment, or received from shipment, for export to any foreign country, in a parcel, package, or container branded in accordance with the specifications of a foreign purchaser and in accordance with the laws of the foreign country.
(c) To any dealer when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchases such articles, to the effect that the article is not misbranded within the meaning of this chapter. This guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such article to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this chapter. (Mar. 4, 1927, ch. 489, 83, 44 Stat. 1407.)
$ 404. Libel for condemnation proceedings.-(a) Any dangerous caustic or corrosive substance in a misbranded parcel, package, or container suitable for household use shall be liable to be proceeded against in the district court of the United States for any judicial district in which the substance is found and to be
seized for confiscation by a process of libel for condemnation, if such substance is being
(1) Shipped in interstate or foreign commerce, or (2) Held for sale or exchange after having been so shipped, or
(3) Held for sale or exchange in any Territory or possession or in the District of Columbia.
(b) If such substance is condemned as misbranded by the court it shall be disposed of in the discretion of the court
(1) By destruction.
(2) By sale. The proceeds of the sale, less legal cost and charges, shall be paid into the Treasury as miscellaneous receipts. Such substance shall not be sold in any jurisdiction contrary to the provisions of this chapter or the laws of such jurisdiction, and the court may require the purchaser at any such sale to label such substance in compliance with law before the delivery thereof.
(3) By delivery to the owner thereof upon the payment of legal costs and charges and execution and delivery of a good and sufficient bond to the effect that such substance will not be sold or otherwise disposed of in any jurisdiction contrary to the provisions of this chapter or the laws of such jurisdiction.
(c) Proceedings in such libel cases shall conform, as nearly as may be, to suits in rem in admiralty, except that either party may demand trial by jury on any issue of fact, if the value in controversy exceeds $20. In case of a jury trial the verdict of the jury shall have the same effect as a finding of the court upon the facts. All such proceedings shall be at the suit and in the name of the United States. (Mar. 4, 1927, ch. 489, § 4, 44 Stat. 1408.)
$ 405. Exclusion of misbranded imports.(a) Whenever in the case of any dangerous caustic or corrosive substance being offered for importation the Secretary of Agriculture has reason to believe that such substance is being shipped in interstate or foreign commerce in violation of section 403 of this title, he shall give due notice and opportunity for hearing thereon to the owner or consignee and certify such fact to the Secretary of the Treasury, who shall thereupon (1) refuse admission and delivery to the consignee of such substance, or (2) deliver such substance to the consignee pending examination, hearing, and decision in the matter, on the execution of a penal bond to the amount of the full invoice value of such substance, together with the duty thereon, if any, and to the effect that on refusal to return such substance for any cause to the Secretary of the Treasury when demanded, for the purpose of excluding it from the country or for any other purpose, the consignee shall forfeit the full amount of the bond.
(b) If, after proceeding in accordance with subdivision (a), the Secretary of Agriculture is satisfied that such substance being offered for importation was shipped in interstate or foreign commerce in violation of any provision of this chapter, he shall certify the fact to the Secretary of the Treasury, who shall thereupon notify the owner or consignee and cause the sale or other disposition of such substance refused admission and delivery or
entered under bond, unless it is exported by the owner or consignee or labeled by him so as to conform to the law within three months from the date of such notice, under such regulations as the Secretary of the Treasury may prescribe. All charges for storage, cartage, or labor on any such substance refused admission or delivery or entered upon bond shall be paid by the owner or consignee. In default of such payment such charges shall constitute a lien against any future importations made by such owner or consignee. (Mar. 4, 1927, ch. 489, § 5, 44 Stat. 1408.)
8 406. Removal of labels.—No person shall alter, mutilate, destroy, obliterate, or remove any label or sticker required by this chapter to be placed on any dangerous caustic or corrosive substance, if such substance is being
(a) Shipped in interstate or foreign commerce; or (b) Held for sale or exchange after having been so shipped; or
(c) Held for sale or exchange in any Territory or possession or by the District of Columbia. (Mar. 4, 1927, ch. 489, § 6, 44 Stat. 1409.)
$ 407. Penalties.-Any person violating any provision of section 403 or 406 of this title shall upon conviction thereof be pun. ished by a fine of not more than $200 or imprisonment for not more than ninety days, or by both. (Mar. 4, 1927, ch. 489, § 7, 44 Stat. 1409.)
8 408. Institution of libel for condemnation and criminal proceedings. It shall be the duty of each United States district attorney to whom the Secretary of Agriculture shall report any violation of section 403 or 406 of this title or to whom any health, medical, or drug officer or agent of any State, Territory, or possession, or of the District of Columbia presents satisfactory evidence of any such violation, to cause libel for condemnation and criminal proceedings under sections 404 and 407 of this title to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the condemnation and penalties provided in such sections. (Mar. 4, 1927, ch. 489, $ 8,44 Stat. 1409.)
§ 409. Enforcement of chapter.-(a) Except as otherwise specifically provided in this chapter, the Secretary of Agriculture shall enforce its provisions.
(b) For enforcing the provisions of sections 404, 405, and 407 of this title, the Secretary of Agriculture may cause investigations, inspections, analyses, and tests to be made and samples to be collected, of any dangerous caustic or corrosive substance. The Department of Agriculture shall pay to the person entitled, upon his request, the reasonable market value of any such sample taken. If it appears from the inspection, analysis, or test of any dangerous caustic or corrosive substance that such substance is in a misbranded package, parcel, or container suitable for house hold use, the Secretary of Agriculture shall cause notice thereof to be given to any person who may be liable for any violation of section 403 or 406 of this title in respect of such substance. Any person so notified shall be given an opportunity to be heard under regulations prescribed by the Secretary of Agriculture. If it ap
pears that such person has violated the provisions of section 403 or 406 of this title, the Secretary of Agriculture shall at once certify the facts to the proper United States district attorney, with a copy of the results of the inspection, analysis, or test duly authenticated under oath by the person making such inspection, analysis, or test.
(c) For the enforcement of his functions under this chapter the Secretary of Agriculture is authorized
(1) To prescribe and promulgate such regulations as may be necessary.
(2) To cooperate with any department or agency of the Government, with any State, Territory, or possession, or with the District of Columbia, or with any department, agency, or political subdivision thereof, or with any person.
(3) Subject to the civil-service laws to appoint and, in accordance with section 661-673 and 674 of Title 5, to fix the salaries of such officers and employees as may be required for the execution of the functions of the Secretary of Agriculture under this chapter and as may be provided for by the Congress from time to time.
(4) To make such expenditures (including expenditures for personal services and rent at the seat of government and elsewhere, and for law books, books of reference, and periodicals) as may be required for the execution of the functions vested in the Secretary of Agriculture by this chapter and as may be provided for by the Congress from time to time.
(5) To give notice, by publication in such manner as the Secretary of Agriculture may by regulation prescribe, of the judgment of the court in any case under the provisions of this chapter. (Mar. 4, 1927, ch. 489, $ 9, 44 Stat. 1409.)
§ 410. Separability clause. If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the chapter and the applicability thereof to other persons and circumstances shall not be effected thereby. (Mar. 4, 1927, ch. 489, § 10, 44 Stat. 1410.)
§ 411. Application to existing law.–The provisions of this chapter shall be held to be in addition to and not in substitution for the provisions of the following:
(a) Sections 1-15 of Title 21. (b) Chapter 6 of Title 7.
(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. (Mar. 4, 1927, ch. 489, § 12, 44 Stat. 1410.)
REFERENCES IN TEXT Chapter 6 of Title 7, Agriculture, to which reference is made in subsection (b), constitutes the Insecticide Act of 1910.
Sections 1-15 of Title 21, Food and Drugs, to which reference is made in subsection (a), constitute the Food and Drugs Act, approved June 30, 1906.
The act of May 7, 1906, to which reference is made in subsection (c), is local in nature and therefore does not appear in the code.
$ 501. Textile Foundation; creation of body corporate; directors; principal office; agencies.—The Secretary of Commerce, the Secretary of Agriculture, and three directors first appointed as provided in section 502 of this chapter and their successors, are hereby created a body corporate of the District of Columbia by the name of the "Textile Foundation" (in this chapter referred to as the corporation). The incorporation shall be held effected upon the date of the first meeting of the board of directors. The corporation shall maintain its principal office in the District of Columbia and may establish such agencies or branch offices at such places as it deems advisable. (June 10, 1930, ch. 440, § 1, 46 Stat. 539.)
§ 502. Same; board of directors; appointment; term; vacancies; quorum ; compensation; powers.-(a) The board of directors of the corporation (in this chapter referred to as the board) shall be constituted as follows:
(1) The Secretary of Commerce;
(3) Three individuals, familiar with the textile industry or its allied branches, including that of production of raw materials, and their successors, to be appointed by the President, one for a term of two years, one for a term of three years, and one for a term of four years, from the date the incorporation is effected.
(b) Each successor shall be appointed for a term of four years from the date of the expiration of the term of the member whom he succeeds, except that any successor appointed to fill a vacancy occurring prior to the expiration of the term shall be appointed only for the unexpired term of the member whom he succeeds. A vacancy in the office of a director shall not impair the power of the remaining directors to execute the functions of the board. A majority of the directors shall constitute a quorum for the transaction of the business of the board.
(c) The members of the board shall serve without compensation for their services as such members, but they shall be reimbursed from the corporation for actual expenses incurred by them while in the performance of the functions vested in the board by this chapter.
(d) Any officer or employee of the United States, or of any corporation acting as a governmental agent of the United States, may, in addition to his present office, hold the office of director of the Textile Foundation without regard to any provision of law prohibiting the holding of more than one office.
(e) The board at its first meeting and at each annual meeting thereafter shall elect a chairman.
(f) The board shall direct the exercise of all the powers of the corporation. (June 10, 1930, ch. 440, § 2, 46 Stat. 539.)
§ 503. Same; purpose of Foundation.—(a) The purposes of the corporation shall be to administer and expend its funds and other property for scientific and economic research for the benefit and development of the textile industry, its allied branches, and including that of production of raw materials.