SEC. 13 (as amended). The directory1 of the agricultural experiment station of the University of California shall, upon the receipt of a sample of insecticide or fungicide,15 accompanied with a nominal fee of one dollar, furnish to the user of said commercial insecticide such examination or analysis of the sample as will substantially establish the conformity or non-conformity of the said insecticide or fungicide1 to the guarantee under which it is sold.

SEC. 14 (as amended). The directory," of the agricultural experiment station of the University of California, in person or by deputy, is hereby authorized to purchase1s a sample, not exceeding one pound1o in weight, for analysis by the said director or his deputies, from any lot, parcel or package of insecticide or fungicide, or material, or mixture of materials20 used for insecticidal or fungicidal purposes, which may be in the possession of any manufacturer, importer, agent or dealer; but said sample shall be drawn in the presence of said party or parties in interest, or their representatives. In lots of five tons or less, samples shall be drawn from at least ten packages, or if less than ten packages are present, all shall be sampled; in lots of over five tons, not less than twenty packages shall be sampled. The

14 Instead of directory the original act read as follows: "Said director shall annually, on or before the first day of September, take samples in accordance with the provisions of section 14 hereof, of the substance made, sold, or offered for sale, under every such name or brand, and cause analyses to be made thereof in accordance with the provisions of section 11 hereof, and said analyses may include such other determinations as said director may at any time deem advisable. Dealers in or manufacturers of insecticides must give free access to the director of the agricultural experiment station, or his duly authorized deputy, to all the materials which they may place on the market for sale in California. Whenever the analysis certified by the said director shall show a deficiency of not more than five per cent of the substance alleged to have insecticidal properties, the statement of the manufacturer or importer, as required in section 11 of this act, shall not be deemed to be false in the meaning of this act; provided, that this act shall not apply to sales of inseeticidal materials made to a registered manufacturer of insecticides or to sales for export outside of this state; provided further, that the said director

This amendment cancels the whole system of annual inspection. It removes the variation of 5% formerly permitted in the composition of insecticides, dealers will therefore be expected to conform hereafter strictly to their guarantee. It also removes the permission of the original law to sell to registered manufacturers or for export, goods not conforming to the law.

15 Original act omitted the words or fungicides.

16 Original act omitted the words or fungicides.

These are simply verbal changes.

17 Instead of directory, original act reads director. This is a verbal error both in this and the preceding section.

18 Instead of "purchase," original act reads "take." Removes the authorization to take samples for analysis without pay.

19 Instead of one pound, original act reads two pounds. Limits purchase for analysis to one pound.

20 Original act omitted the words "of materials." material change in the law.

This addition makes no

samples so drawn shall be thoroughly mixed, and from it two equal samples shall be drawn and placed in glass vessels, carefully sealed, and a label placed on each, stating the name or brand of the insecticide or material samples, the name of the party from whose stock the sample was drawn, and the time and place of drawing; and said label shall also be signed by the said director or his deputy making such inspection, and by the party or parties in interest or their representatives present at the drawing and sealing of said samples. One of said duplicate samples shall be retained by the party whose stock was sampled, and the other by the director of the agricultural experiment station of the University of California.

SEC. 14a (new section). The following insecticides and fungicides or materials to be used for insecticidal or fungicidal purposes may be sold by grocers and dealers generally without restriction and without the registration fee, permit or license being required of them, viz: Insect powders, poison fly paper, sticky fly paper, borax, moth balls, gum camphor, spirits of camphor, blue ointment, oil of eucalyptus, castor oil, ant poison, sheep dip, lice killer, sulphur, bluestone.

SEC. 15. The director of the agricultural experiment station of the University of California shall publish in bulletin form, from time to time, at least annually, the results of the analysis, hereinbefore provided, with such additional information as circumstances may advise.

SEC. 16. There is hereby provided for carrying out the purposes of this act, out of any moneys in the state treasury not otherwise appropriated, the sum of five thousand dollars for each fiscal year hereafter, beginning with the first day of July, 1911.

SEC. 17. All persons charged with the enforcement or execution of any of the provisions of this act shall not directly or indirectly be interested in the sale, manufacture or distribution of any insecticide or fungicide affected by this act.

SEC. 18 (as amended). All moneys22 received from 23 analytical fees shall be paid to the secretary of the board of regents of the University of California for the use of said board in carrying out the provisions of this act.

SEC. 19. An act to prevent fraud in the sale of Paris green used as an insecticide. Chap. LIII, p. 69, Statutes of 1901, is hereby repealed.

21 A new enactment apparently not applying to manufacturers or jobbers.

22 Original act inserted here the word "whether."

23 Original act inserted here the words "registry and."

These two amendments are verbal changes to conform to Note 14.

SEC. 20. This act shall take effect and be in force from and after July first, 1911.

SUGGESTIONS TO DEALERS

While fees and annual registrations are no longer required, manufacturers and dealers must make sure that the preparations they handle conform in every way to the law.

1st. That they be not "adulterated" in the manner specified in Section 7, or if not conforming to these requirements and sold under the provision of section 12, the label must show plainly wherein it differs in order to secure this exemption.

2nd. That they be not "misbranded" in the manner specified in Section 8. The law requires that every package sold shall have a printed label (section 11); that this label shall state:

1. Name, brand and trade mark if there be any.

2.

Name and address of manufacturer, importer or dealer.

3. Place of manufacture.

4. Correct general statement of the nature and composition (See. 11).

5.

Total per cent of active ingredients.

6. Total per cent of inert ingredients.

7. Name of each active ingredient or name of each inert ingredient.

8.

If weight is given it must be correct.

9. If arsenic is present total and water soluble arsenic must be stated (as AsO, if Paris Green, AsO, if Lead Arsenate, metallic arsenic for other substances.

10. Nothing false or misleading.

The Laboratory would appreciate the courtesy if manufacturers would keep us informed regarding the materials they are offering for sale by a voluntary registration. No special form need be used and no fees paid. Simply send a set of labels. We would also appreciate the sending of samples for examination.

Where this is done it will not be considered incorrect to continue the use of the word "registered" and the registry number on the label. Analyses of insecticides and fungicides will not be made for manufacturers or dealers. Users of insecticides may obtain an analysis upon the payment of a nominal fee of $1.00. Circular No. 105 giving direc tions for taking samples will be sent on application.