If, as a result of its investigations, the Department finds a sample to be in violation of the law, action may be taken leading to prosecution of the manufacturer or shipper. Federal court action can be taken to seize the material in question to remove it from the market. If prosecution is contemplated, the law provides that before such action is taken notice must be given to the person against whom legal action is contemplated and such person given an opportunity to present his views regarding the alleged violation. If the facts appear to warrant prosecution, they are certified to the proper United States Attorney.

The law also provides that an economic poison subject to it may be seized if it is adulterated or misbranded; if it has not been registered in accordance with the provisions of the Act; if it fails to bear on its label the information required by the Act; or if it is a white powder that is not colored or discolored as required by the Act.

The owner may, of course, contest the seizure in Federal court before a judge and jury. The Government must prove that the goods are in violation to sustain the seizure and maintain the control of the goods. If the Government fails to do that, the goods are returned to the owner. If an article is condemned under the seizure provision, it must be disposed of by destruction or sale as the court may direct, but it cannot be sold contrary to the provisions of the law. However, upon 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 any laws having jurisdiction over it, the court may direct that such article be delivered to the owner. The owner may then relabel or otherwise treat the article to bring it into compliance with the law, after which it may be released by the court and the bond canceled.

Persons or firms found guilty of marketing an economic poison without registration, or of making claims different in substance from those made at time of registration, upon conviction may be fined not more than $1,000. That penalty applies if the composition of the product differs from that represented in connection with registration. With respect to products registered under protest, in each instance, upon conviction for an offense concerning which a registrant had been warned, the person may be fined not to exceed $1,000 or imprisoned for not more than 1 year, or both such fine and imprisonment.

Persons guilty of violating other provisions of the law may be fined up to $500 for the first offense, and on conviction for each subsequent offense, may be fined up to $1,000 or imprisoned for not more than 1 year, or both such fine and imprisonment.

Economic poisons imported into the United States are subject to the same requirements, including registration, as those produced in this country. Samples of imports are examined. If they appear to be in violation of the law or are otherwise dangerous to public health or are of a kind forbidden entry into or forbidden to be sold or restricted in sale in the country in which they are made or from which exported, they may be refused admission into the United States.

Manufacturers and distributors of economic poisons in the past have found it difficult to prepare labeling that would comply with the various State and Federal laws under which they must operate. The present Federal law recognizes the difficulty and authorizes administrative officials to cooperate with State regulatory agencies in carrying out the provisions of the law and in securing uniformity of regulations. Full advantage is taken of this authorization both through cooperative arrangements for enforcement work and by conferences with representative groups of State officials.

The Federal Insecticide, Fungicide, and Rodenticide Act is a relatively new law and the benefits that have resulted from it cannot yet be fully evaluated. However, it can be stated that farmers and other users of economic poisons and the general public are now being given better protection than ever before against worthless, dangerous, and inadequately labeled economic poisons.

W. G. REED has been engaged in regulatory work on insecticides and other economic poisons since 1945, when he was made chief of the insecticide division, which is now in the livestock branch of the Production and Marketing Administration of the Department. This division administers the Federal Insecticide, Fungicide, and Rodenticide Act. Dr. Reed, a native of Iowa, first joined the Department in the Meat Inspection Service in 1929. He holds a degree of Doctor of Veterinary Medicine from the Chicago Veterinary College.