General and Special Laws of The State of Texas Passed By The Third Called Session of the Fifty-Seventh Legislature and the Regular Session of the Fifty-Eighth Legislature Page: 35
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INSECTICIDES, ETC.
purposes subject to such restrictions and conditions as may be set forth
in the-permit.
B. No article shall be deemed in violation of this Act when intended
solely for export to a foreign country, and when prepared or packed ac-
cording to the specifications or directions of the purchaser. If not so ex-
ported, all the provisions of this Act shall apply.
Penalties
Sec. 8. A. Any firm, corporation, or person who shall sell or offer
for sale any economic pesticide or device without having attached thereto
such statements as are required by law or who shall sell or offer for sale
any adulterated or misbranded economic pesticide or device within the
meaning of this Act, or who shall violate any other provisions of this Act,
shall be guilty of a misdemeanor and upon conviction, shall be subject to
a fine of not less than Fifty Dollars ($50), nor more than Two Hundred
Dollars ($200) for each offense.
B. Notwithstanding any other provision of this Section, in case any
person, with intent to defraud, uses or reveals information relative to for-
mulas of products acquired under authority of Section 4 of this Act, he
shall upon conviction be guilty of a misdemeanor, and he shall be fined not
less than One Hundred Dollars ($100) nor more than Five Hundred Dol-
lars ($500) or imprisonment for not more than one year, or both.
Sec. 8A. In all appeals prosecuted in any of the courts of this State
pursuant to the provisions of this Act, such trials shall be de novo as that
term is used and understood in appeals from justice of the peace courts
to county courts. When such an appeal is filed and the court thereby ac-
quires jurisdiction, all administrative or executive action taken prior
thereto shall be null and void and of no force and effect, and the rights of
the parties thereto shall be determined by the court upon a trial of the
matters in controversy under rules governing the trial of other civil suits.
in the same manner and to the same extent as though the matter had been
committed to the courts in the first instance and there had been no inter-
vening administrative or executive action or decision. Under no circum-
stances shall the substantial evidence rule as interpreted and applied by
the courts of Texas in other cases ever be used or applied to appeals pros-
ecuted under the provisions of this Act.
Seizures
Sec. 9. A. Any economic pesticide or device that is distributed, sold,
or offered for sale within this State or delivered for transportation or
transported in intrastate commerce or between points within this State
through any point outside this State shall be liable to be proceeded against
in any court of competent jurisdiction in any county of the State where it
may be found and seized for confiscation by process of libel for condemna-
tion:
(1) In the case of an economic pesticide,
(a) If it is adulterated or misbranded;
(b) If it has not been registered under the provisions of Section 4 of
this Act;
(c) If it fails to bear on its label the information required by this Act;
(d) If it is a white powder economic pesticide and is not colored as re-
quired under this Act.
(2) In the case of a device, if it is misbranded.
B. If the article is condemned, it shall, after entry of decree, be dis-
posed of by destruction or sale as the court may direct and the proceeds,
if such article is sold, less legal costs, shall be paid to the State Treasurer;
provided, that the article shall not be sold contrary to the provisions ofTex.Sess.L. '63 Bd.Vol.-24
35
Ch. 23
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Texas. Legislature. General and Special Laws of The State of Texas Passed By The Third Called Session of the Fifty-Seventh Legislature and the Regular Session of the Fifty-Eighth Legislature, legislative document, 1963; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth221759/m1/371/?q=+date%3A1945-1972: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.