SChap. 846.—An ACT to amend and re-enact sections 8 and 6 of an act entitled
an act to protect. and advance agriculture by regulating the sale and purity
of commercia! fertilizers and the guarantee and conditions upon which they
are to be sold, and fixing the penalties incurred for violations of the same,
approved February 2, 1890, and to amend and re-enact section 8 of said act
as amended and re-enacted by an act approved March 8, 1894, and to amend
and re-enact section ten of said act as amended and re-enacted by an act
approved March 8, 1894, and as amended and re-enacted by an act approved
February 1, 1896.

Approved March 5, 1896.

1. Be it enacted by the general assembly of Virginia, That sec-
tions three and six of an act entitled an act to protect and advance
agriculture by regulating the sale and purity of commercial ferti-
lizers and the guarantee and conditions upon which they are to be
sold and fixing the penalties incurred for violations of the same, ap-
proved February twenty-four, eighteen hundred and ninety, and sec-
tion eight of said act as amended and re-enacted by an act approved
March eight, eighteen hundred and ninety-four, and section ten of
said act as amended and re-enacted by an act approved March eight,
eighteen hundred and ninety-four, and as amended and re-enacted
by an act approved February one, eighteen hundred and ninety-
Bix, be amended and re-enacted so as to read as follows:

§ 3. Every person proposing to deal in commercial fertilizers shall,
after filing the statement above provided for with the commissioner
of agriculture, receive from the said commissioner of agriculture a
certificate stating that he has complied with the foregoing section,
which certificate shall be furnished by the commissioner without any
charge therefor. The said certificate, when furnished, shall authorize
the party receiving the same to manufacture for sale in this state or to
sel] in this state directly and through dealers or agents the brands
named in said certificate. No person who has failed to pay the fee
aforesaid, to file the statement aforesaid, and to receive the certifi-
cate of authority aforesaid, shall be authorized to manufacture or
offer for sale in this state commercial fertilizers; and any person 80
manufacturing for sale in this state or so dealing or selling without
having paid the aforesaid fee, filed the aforesaid statement, and re-
ceived the certificate aforesaid (except dealers and agents selling or
offering for sale fertilizers on which the fee has been paid by and
certificate issued to the manunfacturer as provided in sections two
and three of this act), shall be liable for each violation to a fine not
exceeding one thousand dollars.

§ 6. Every person who sells a lot or package of commercial ferti-
lizer, or chemical or ingredient for manufacturing the same, upon
the request of the purchaser shall draw from the same at the time
of its delivery to the purchaser, and in the presence of the purchaser
or agent, or, 1f the seller 18 not present when a lot or package of commer-
cial fertilizer, or chemical or ingredient for manufacturing the same, is de-
livered to the purchaser, then any duly qualified justice of the county or
corporation, who shall be paid by the purchaser twenty-five cents for such
service, shall, in the presence of the purchaser, draw from the same, a fair
and correct sample, and in the presence of both seller and buyer, or
justice and buyer, as the case may be, the sample thus drawn shall
then be put in a glass or tin vessel and securely sealed, and there
shall then be placed on said vessel a label, and on said label shall be
inscribed a certificate, signed by both parties, setting forth that the
enclosed sample is a fair and correct sample ; the name of the manu-
facturer, name of the fertilizer from which sample was drawn, and
time and place when it was drawn; and the vessel shall then be
packed and forwarded to the commissioner of agriculture, and the
commissioner of agriculture, on the analysis of said sample, sball
forward one copy to the seller and one copy to the purchaser of said
fertilizer.

§ 8. The board of agriculture shall adopt all needful rules and
regulations providing for the collection of the money arising from
the fees aforesaid or from fines imposed under this act, and shall
require the same to be deposited with the treasurer of the state, and
only to be drawn therefrom upon warrants issued by the auditor of
the state, out of which shall be paid only the expense of carrying
out the provisions of this act, including a commission of three per
centum to the commissioner of agriculture for collecting and disbursing the
said fees and fines, which sum for all purposes shall not exceed the
sum of three thousand dollars in one year.

§ 10. The term “commercial fertilizer” or fertilizers, where the
same are used in this act, shall not be held to include lime, land
plaster, ashes, or common salt, or tobacco stems, ground and un-
ground, or any chemicals or ingredients used in manufacturing fer-
tilizers intended for sale. All fertilizers sold or offered for sale in
violation of this act shall be seized by the commissioner of agricul-
ture or his agents, and shall be delivered to the officer of the court
having jurisdiction of the offence, and said fertilizers shall be sub-
ject to the disposition made of the same by said court. All moneys
arising from seizures of fertilizers shall be for the use and benefit
of the board of agriculture. All violations of the provisions of this act
shall be punished as violations of and by a prosecution under the revenue
law of this state.

2. This act shall be in force from its passage.