PROHIBITING SALE OF MISBRANDED INSECTICIDES AND FUNGICIDES.

Be it enacted by the People of the State of Oregon:

Section 1. That it shall be unlawful for any person, or persons, firm or corporation, to manufacture within the State of Oregon, any insecticide, Paris green, lead arsenate, or fungicide which is adulterated or misbranded within the meaning of this act, for use or sale within or without the State of Oregon; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200) for the first offense, and upon conviction for each subsequent offense be fined not less than one hundred dollars ($100) nor more than three hundred dollars ($300), or sentenced to imprisonment in the county jail for not less than thirty days nor more than ninety days for the first offense, and not less than ninety days for the second effense, upon conviction, nor more than six months, or both such fine and imprisonment, in the discretion of the court.

or

Section 2. That it shall be unlawful for any person or persons, firm or corporation, to sell, or offer for sale, within the State of Oregon, any insecticide, Paris green, lead arsenate, or fungicide which is adulterated or misbranded within the meaning of this act; and any person persons, firm or corporation, who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined or imprisoned, or both, as is provided in Section 1 of this act.

Section 3. That the examination of specimens of insecticides, Paris green, lead arsenates, and fungicides shall be made by the chemist of the Oregon Agricultural College, at Corvallis, Oregon, or the State Board of Health, at Portland, Oregon, or by the chemist of the University of Oregon, at Eugene, Oregon, for the purpose of determining from such examination whether such article or articles are adulterated or misbranded within the meaning of this act; and if it shall appear from any such examination that any of such specimens are adulterated or misbranded within the meaning of this act, it shall be the duty of the prosecuting attorney within the district where the offense is committed to institute proper criminal proceedings against any person or persons, firm or corporation, so manufacturing, selling or offering for sale any such misbranded, adulterated or fraudulent article as set forth in Sections 1 and 2 of this act.

Section 4. That the term "insecticide" as used in this act 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 other 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 chemically of products derived from arsenic acid (H3As04) 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 or be present in any environment whatsoever.

Section 5. 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 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.

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 per centum of arsenic oxide (As205); third, if it contains arsenic in water-soluble forms equivalent to more than seventy-five one hundredths per centum of arsenic oxide (As205); 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.

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 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 substances which, although preventing, destroying, repelling or mitigating insects, shall be injurious to such vegetation when used.

Section 6. That the term "misbranded" as used herein shall apply to all insecticides, Paris greens, lead arsenates, or fungicides, or articles which enter into the composition of insecticides or fungicides, the package or label 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.

That for the purpose of this act an article shall be deemed to be misbranded

In the case of insecticides, Paris greens, lead arsenates, and 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 placed in the package; third, if in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package; fourth, if the label does not state the chemical formula of the compound or compounds which shall constitute the insecticide, Paris green, lead arsenate or fungicide, contained within the package.

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 consist partially or completely of an inert substance or sub

stances which do not present, destroy, repel, or mitigate insects or fungi and does not have the names and percentage amounts of each and every one of such inert ingredients plainly and correctly stated on the label.

Section 7. No license or other qualification shall be required to enable any and all persons to engage in the sale and disposal of any of the above named insecticides, fungicides or any other fungus or insect-destroying, preventing or repelling poisons, agents or preparations. Section 8. That Section 5497 and 5498 of Lord's Oregon Laws be and are hereby repealed.

Filed in the office of the Secretary of State February 23, 1911.

REGULATING SALE OF LIME-SULPHUR SOLUTION.

Be it enacted by the People of the State of Oregon:

Section 1. No person, firm, or corporation shall sell, offer, or expose for sale, any lime and sulphur solution or compound for spraying purposes, which shall have a specific gravity of less than thirty degrees, Beaume test, nor which contains anything except products which arise from boiling lime and sulphur in water and no salt or other soluble substance shall be used therein.

Section 2. Every package of such compound or solution sold, offered, or exposed for sale shall be plainly labeled with black faced type, in letters of not less than one-half of an inch in height, stating the contents of the compound or solution and the gravity test thereof.

Section 3. Any person, firm, or corporation selling, offering, or exposing for sale any lime and sulphur solution or compound which does not comply with the provisions of this act, either as to test, ingredients, label, or otherwise, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10 nor more than $100, or by imprisonment in the county jail not more than sixty days, or by both such fine and imprisonment, in the discretion of the court.

Section 4. In view of the fact that this act is necessary to the public peace, safety and welfare, and because the spraying season will be over in less than ninety (90) days, an emergency is hereby declared to exist and this act shall exist from and after its approval by the Governor.

Filed in the office of the Secretary of State February 21, 1911.

ESTABLISHING STANDARD SIZES OF APPLE BOXES.

Be it enacted by the People of the State of Oregon:

Section 1. There is hereby created and established a standard size for apple boxes for the State of Oregon.

Section 2. The standard size of an apple box shall be eighteen inches long, eleven and one-half inches wide, ten and one-half inches deep, inside measurement.

Section 3. That the special size of apple boxes shall be twenty inches long, eleven inches wide, and ten inches deep, inside measurement: Filed in the office of the Secretary of State February 20, 1911.

PROTECTING THE GINSENG INDUSTRY.

Be it enacted by the People of the State of Oregon:

Section 1. No ginseng grower, or dealer in ginseng nursery stock, either seed or roots for planting purposes, shall send by mail or express or freight, or otherwise cause to be sent into the State of Oregon, or from one county, town or person, within the boundaries of the State, to another county, town or person, ginseng seed or root stock for planting purposes, except the package, box or bag containing same shall have securely affixed thereto a printed or typewritten label, stating in plain English language, the full name and postoffice address, county and state of the grower or dealer where the seed was grown, and must state that the ginseng seed and root stock contained herein is a pure American seed or stock and not adulterated with Japanese or any other foreign ginseng seed or root stock and was grown in a ginseng garden that is known to be free from the alternaria disease or any other contagnius ginseng disease. Said label shall contain the certificate of the county or State fruit inspector, personally signed, as a corroboration of said statement, with his postoffice address.

Section 2. It shall be the duty of the person purchasing ginseng seed or root stock for planting purposes, either from parties residing within the State of Oregon, or from other states foreign to the State of Oregon, upon receipt of package, box or bag containing the same, and before opening, to submit the same to the county or State fruit inspector, or his deputy, whose duty it shall be to copy and compare the contents of the label thereon, and if it is found that he same does not conform to the provisions of this act, the package, box or bag containing same shall either be returned to the seller and shipper, at the seller's expense, or confiscated and destroyed by said fruit inspector.

Section 3. It shall also be the duty of the said county or State fruit inspector or his deputy to become familiar with the various ginseng diseases and to inspect all ginseng gardens within his county three times during each season. The first inspection to be made between May 25th and June 15th; the second between July 25th and August 15th, and the third between September 10th and October 1st, and if at any time of inspection there is found to be any ginseng disease of a serious nature, to make a note of same, and to report it at once to the Oregon Agricultural College Experiment Station, Department of Plant Pathology, at Corvallis, Oregon, whose duty it shall be to send a competent person to inspect the reported diseased ginseng garden, and if the same is found by him to be affected by the alternaria, or any other infectious disease, the garden shall at once be quarantined, by said fruit inspector, a sufficient time to enable the owner to take up the root stock in the fall to be for market; provided, none of said root stock or seed gathered therefrom shall be re-planted or sold to others for planting purposes; provided further, that if the owner of any diseased ginseng garden that is under quarantine, fails to remove and dry all of the roots that shall be contained in said affected garden, by January 1st of the following year, it shall be the duty of said fruit inspector to destroy said garden.

Section 4. Any fruit inspector, ginseng grower or dealer in ginseng, or any other person violating any of the provisions of this act, shall be guilty of a misdemeanor, and shall upon conviction thereof, be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars for each offense thereof.

Filed in the office of the Secretary of State February 21, 1911.

HORTICULTURAL LAWS OF OREGON.

(From Lord's Oregon Laws.)

THE STATE BOARD OF HORTICULTURE.

§ 5470. Board of Horticulture Constituted.

There is hereby created a board of horticulture, to consist of six members, who shall be appointed by a board, consisting of the Governor, Secretary of State, and State Treasurer. One member of the said board of horticulture shall represent the State at large and shall be the president and executive officer of the board, and one member shall be appointed to represent each of the five districts as hereby created, to wit: (1) The first district, which shall comprise the counties of Multnomah, Clackamas, Yamhill, Washington, Columbia, Clatsop, and Tillamook; (2) the second district, which shall comprise the counties of Marion, Polk, Benton, Lincoln, Linn, and Lane; (3) the third district, which shall comprise the counties of Douglas, Jackson, Klamath, Josephine, Coos, Curry, and Lake; (4) the fourth district, which shall comprise the counties of Wasco, Sherman, Morrow, Gilliam, and Crook; (5) the fifth district, which shall comprise the counties of Umatilla, Union, Wallowa, Baker, Malheur, Harney, and Grant. [L. 1889, p. 126, § 1; L. 1891, p. 174, § 1; L. 1895, p. 33, § 1; L. 1899, p. 55, § 1; B. & C. § 4176.]

§ 5471. Residence of Members-Terms of Office-Duties of President. The members shall reside in the districts for which they are respectively appointed. They shall be selected with reference to their knowledge of and practical experience in horticulture and the industries connected therewith, and shall be engaged in practical horticulture during their incumbency of the office of commissioner. They shall hold office for the term of four years, and until their successors are appointed and have qualified unless removed by the appointing board for failure to perform their duties. It shall be the duty of the president to visit, at least once a year, every district, and examine the orchards, nurseries, and work of the district commissioners, and ascertain whether or not the law and regulations of the board are being properly executed. He must personally inspect most of the orchards during the fruit growing season, see that the regulations of the board regarding spraying are being faithfully executed wherever insects, pests, or disease injurious to tree or fruit are to be found. He must visit the principal fruit shipping points during the shipping season, inspect the fruit shipped, and prevent the shipment of insect and pest-infested fruit. He shall give notice through the public press one week in advance of his visit to each county, giving the time and place of his visit, where he shall receive complaints of fruit growers and distribute to them printed and oral instructions regarding destruction of pests and other information, including proper methods of handling, packing, and shipping fruits. It shall also be his duty to visit, when possible, if requested by an association or a number of fruit growers, the meetings of such associations