INSPECTIONS 2071

(d) Any insecticide or fungicide or any material represented to be an
insecticide or fungicide which has not been registered pursuant to the pro-
visions of Section 116.

1939, ch. 141, sec. 105C.

116. (Registration.) Every insecticide or fungicide manufactured,
compounded, delivered, distributed, sold, offered or exposed for sale, either
at wholesale or retail within this State shall be registered each year by its
manufacturer, or some distributor thereof, with the State Board of Agri-
culture of this State by filing with said State Board of Agriculture a state-
ment of (1) the name and address of the registrant; (2) the name, brand
or trade-mark of the insecticide or fungicide registered, and (3) the matter
to appear upon its labels. Every registrant shall pay a fee of $5.00 for
each brand of insecticide or fungicide, accompanying each registration
statement in the calendar year beginning January 1, but in any event
no registrant shall be required to pay more than seventy-five dollars as
fees in any one calendar year, regardless of the number of brands of
insecticides or fungicides registered, said fees to constitute a fund for
the payment of the cost of the inspections, sampling, analysis and other
expenses incident to the enforcement of this sub-title.

1939, ch. 141, sec. 105D.

117. (Enforcement.) The provisions of this sub-title shall be enforced
and administered by the State Board of Agriculture of this State, which
is hereby authorized and empowered (1) to register insecticides or fungi-
cides manufactured, compounded, delivered, distributed, sold, offered or
exposed for sale, either at wholesale or retail, within this State; (2) to
collect labels and samples thereof for analysis, examination or test by exist-
ing agencies of this State; and if it shall appear upon such examination
that any insecticide or fungicide is adulterated or misbranded within the
meaning of this sub-title, the Chairman of the State Board of Agriculture
shall cause notice thereof to be given to its registrant. Any person so notified
shall be given an opportunity to be heard at a designated time and place;
and, if it appears that any of the provisions of this sub-title have been
violated, the Chairman of the State Board of Agriculture may cause the
certification of such fact to the proper State's Attorney with a copy of the
results of analysis, examination or test as made by the analyst, examiner,
or expert under oath, which may be published under the directions of the
State Board of Agriculture; (3) to promulgate such rules and regulations
in conformity with this sub-title as may be necessary for its administration.
A copy of such rules or regulations shall be mailed to every person register-
ing an insecticide or fungicide under Section 116.

1939, ch. 141, sec. 105E.

118. (Exemptions.) The provisions of this sub-title prohibiting de-
livery and distribution of any insecticide or fungicide shall not apply to
transactions of (1) manufacturers, processors or packers which relate to
improvement, production and preparation of said commodities for lawful
sale within the meaning of this sub-title; (2) common or private carriers
and warehousemen while engaged in lawfully transporting and storing
insecticide or fungicide; (3) public officers while engaged in the perform-