Chap. 260.—An ACT to amend and re-enact an act entitled an act to protect
and advance agriculture by regulating the sale and purity of commer-
cial fertiiizers, and the guarantee and condition upon which they are to
be sold, and fixing penalties incurred for violation of same, approved
February 24, 1890, as amended by an act approved March 8, 1894, as
amended by an act approved March 5, 1896, as amended by an act ap-
proved December 22, 1897, as amended by an act approved December 28,
1899, as amended by an act approved February 25, 1908. (H. B. 71.)

Approved March 25, 1914.

1. Be it enacted by the general assembly of Virginia, That
an act entitled an act to protect and advance agriculture by regulat-
ing the sale and purity of commercial fertilizers, and the guarantee
and condition upon which they are to be sold, and fixing the penalties
incurred for violation of the same, approved February twenty-
fourth, eighteen hundred and ninety, as amended by an act ap-
sroved March eichth. eighteen hundred and ninetv-four. ac amended
by an act approved March fifth, eighteen hundred and ninety-six,
as amended by an act approved December twenty-second, eighteen
hundred and ninety-seven, as amended by an act approved December
twenty-eighth, eighteen hundred and ninety-nine, as amended by
an act approved February twenty-fifth, nineteen hundred and eight,
be amended and re-enacted to read as follows:

2. All manufacturers, dealers or agents who may desire to sell
or offer for sale, hereafter in the State of Virginia, any fertilizer or
fertilizer material shall be required to annually register with the
commissioner of agriculture and immigration of the State of Vir-
ginia, upon forms furnished by said commissioner, the name of each
branch of fertilizer or fertilizer material, which they may desire to
sell or offer for sale in this State, either by themselves or their
agents, together with the name and address of the manufacturer or
manufacturers, the weight of the package, and the guaranteed an- .
alysis thereof, stating the minimum percentage of available phos-
phoric acid, water soluble nitrogen, total nitrogen (equivalent to
ammonia) and potash (available, from sulphate) and all manu-
facturers, dealers or agents applying for such registration under this
act shall be required to pay to the commissioner of agriculture and
immigration of the State of Virginia the sum of five dollars ($5)
annually for each branch registered with said commission. The
funds arising from the registration of such brands of fertilizer shall
be deposited by the said commissioner of agriculture with the treas-
urer of this State, to the credit of the “fertilizer fund,” and to be
withdrawn therefrom upon warrants issued by the said commissioner
and countersigned by the president of the State board of agriculture,
upon the auditor of public accounts of this State, to be used as other
funds of the department of agriculture.

8. All manufacturers, dealers or agents before selling, or offer-
ing for sale, in this State any commercial fertilizers, or fertilizer
material, shall brand on, or attach to, each bag, barrel or package,
the brand name of the fertilizer, the weight of the package, the
name and address of the manufacturer, and the guaranteed analysis
of the fertilizer, giving the valuable ccnstituents of the said fer-
tilizer in minimum percentages only. These items, and no others,
shall be branded or stamped on, or affixed to, the package in the
following order:

First.—Weight of each package in pounds;

Second.—Brand name of trade mark;

Third.—Guaranteed analysis;

Fourth.—Available phosphoric acid............... percentum ;
Fifth—Water soluble nitrogen ................... percentum;
Sixth.—Total nitrogen ............. 0... e eee eee percentum;
equivalent to amMonia.......... 2... cece ee eee percentum;

Seventh.—Potash (available) (from sulphate).
Eighth.—Name and address of the manufacturer.
The statement regarding potash, as provided for in sections two
and three of this act, is only to be used when credit for potash in
the form of sulphate is desired, and in that case the potash must
come from high grade commercial sulphate of potash.

4. No fertilizer manufacturer, dealer or agent shall be allowed
to register or offer for sale any complete fertilizer, acid phosphate
with potash, acid phosphate with nitrogen or plain acid phosphate
in this State which contains less than eleven percentum of total
plant food— namely, available phosphoric acid, nitrogen and potash,
either singly or in combination; provided, that in mixed fertilizer
there shall not be less than one percentum of potash and one per-
centum of nitrogen, when cne or both are present in the same mix-
ture.

5. All manufacturers, dealers or agents who have registered
their brands in compliance with this act shall forward to the com-
missioner of agriculture and immigration a request for tax tags,
stating that said tags are to be used upon brands of fertilizers, or
fertilizer material registered in accordance with this act, and said
request shall be accompanied with the sum of fifteen cents (15c)
per ton as an inspection fee; whereupon it shall be the duty of said
commissioner to issue tags to parties applying, who shall attach a
tag to each package, bag or barrel thereof, which, when attached
io said package, bag or barrel, shall be prima facie evidence that
the seller has complied with the requirements of this act. Any tags
left in the possession of the manufacturer shall not be used for
another year, but shall be redeemed with new tags within thirty days
after the beginning of the next calendar year; provided, that the
tags are returned to the commissioner in unbroken sheets. The
commissioner of agriculture and immigration is empowered to pre-
scribe a form for such tags, and the color of said tax tag must be
changed each year.

6. Every person proposing to deal in commercial fertilizers
shall, after filing the statement above provided for with the com-
mnissioner of agriculture and immigration, receive from the said
commissioner a certificate stating that he has complied with the
foregoing sections, which certificate shall be furnished by the com-
missioner without any charge therefor. The said certificate, when
furnished, shall authorize the party receiving the same to manu-
facture for sale in this State, or to sell in this State, directly or.
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 certificate of authority aforesaid, shall
be authorized to manufacture or offer for sale in this State com-
mercial fertilizers; and any person so manufacturing for sale in
this State, cr so dealing or selling without having paid the afore-
said fee, filed the aforesaid statement, and received the certificate
aforesaid, except dealers and agents selling, or offering for sale,
fertilizers on which the fee has been paid by, and certificate issue
to, the manufacturers as provided in the preceding sections of this
act, shall be liable for each violation to a fine not exceeding one
thousand dollars. ,

7. It shall not be lawful for any manufacturer, dealer or agent
to sell, or offer for sale, in this State any fertilizer, or fertilizer
material, that has not been registered with the commissioner of
agriculture and immigration and branded as required by this act.
The fact that the purchaser waives the inspection and analysis
thereof shall be no protection of said party selling or offering the
same for sale.

8. The guaranteed analysis of each and every brand of fertilizer,
or fertilizer material, must, without exception, remain the same
throughout the fiscal year for which it is registered and in no case,
even at subsequent registration, shall the grade be lowered.

9. No manufacturer, dealer or agent shall sell, or offer for sale,
in this State pulverized leather or hair in any form, either as a
fertilizer, or fertilizer material, without first making full and ex-
plicit statement of the fact in registration with the commissioner of
agriculture and immigration, and furnishing a full statement as
to the availability and value of the contained nitrogen for the pur-
pose for which sold, and obtaining permission from the said com-
missioner for the use of said material.

10. Any manufacturer, dealer or agent who shall sell, or offer
for sale, in this State any fertilizer or fertilizer material which has
not been previously registered with the commissioner of agriculture
and immigration, or which has not been branded or tagged as here-
inbefore provided, or who shall use tags the second time, or any
person who shall receive or remove any such fertilizer, or any rail-
road or transportation company that shall deliver to any point in
this State any untagged fertilizer, shall be guilty of a misdemeanor,
and subject to a fine or forfeiture of not less than twenty-five dollars
or more than two hundred dollars for each and every offense, when
prosecuted to conviction in the manner now provided by law for
the prosecution of violations of the revenue laws of this State.

All fertilizer or fertilizer material sold or offered for sale in
violation of any section of this act shall be condemned and seized
by the commissioner of agriculture and immigration or his agents.
and upon such seizure shall be delivered or turned over to the sheriff
or any constable of the county or to the sheriff or sergeants of any
city or town in which such seizure is made, the same to be held
by such officer until released by the commissioner of agriculture and
immigration, or otherwise disposed of as hereinafter provided, and
for such service such officer shall receive the same fees as now pro-
vided by law in cases of attachment. The commissioner of agricul-
ture and immigration may, in his discretion, release the fertilizer
or fertilizer material so condemned and seized upon the payment to
him of the forfeitures hereinbefore provided (or such part thereof
as he shall in his discretion fix, not less than the minimum above
prescribed). and if not so released. such fertilizer or fertilizer mate-
rial shall be sold by the officer having the same in charge on the
order of the court or justice before whom any conviction may be
had, or by the officer having any execution for fines and costs in his
hands, to pay any such forfeitures or fines and the cost of prosecu-
tion made under the provisions of this act, in the manner now pro-
vided by law for sales under attachment or distress, and all fines
shall be paid over to the commissioner of agriculture and immigra-
tion. All prosecutions under this act shall be conducted by the
Commonwealth’s attorney of the county or city in which the offense
shall be committed, or such seizure shall be made, who shall have
a fee of ten dollars for every conviction, to be taxed against and
paid by the party convicted.

11. The commissioner of agriculture and immigration shall,
by and with the consent of the State board of agriculture, appoint
such inspectors of fertilizers and fertilizer material as he may
deem necessary; provided, that the total number of inspectors
appointed shall not exceed ten, nor any two from the same congres-
sional district. Said inspectors shall hold office for one calendar
year, and each inspector shall be paid a salary of seventy-five dol-
lars ($75) per month for the time employed, and in addition his
actual expenses while so employed.

The commissioner of agriculture and immigration shall, with the
approval of the board of agriculture and immigration, adopt all
needful rules and regulations which in his judgment shall be best
for carrying out the provisions of this act, and shall endeavor to
have collected fair samples of all brands of fertilizers offered for
sale in this State, and shall have the same analyzed by a chemist of
the said department and shall publish said analysis for the informa-
tion of the farmers. Upon the request of the purchaser every
seller of fertilizer or fertilizer material shall draw a fair sample
of the same at the time of its delivery from unbroken packages in
the presence of the purchaser, or if the seller is not present any
qualified justice or notary (who shall be paid twenty-five cents for
his services) shall, at the request of the purchaser, draw a sample
of the fertilizer in the presence of the purchaser. The sample when
drawn, shall, in the presence of both parties, be put in a glass or
tin vessel, securely sealed and a certificate placed with it, signed by
both parties certifying that the sample is a fair and correct one.
The sample must then be sent to the commissioner of agriculture
and immigration, who shall have it analyzed by the chemist and
send a copy to both buyer and seller free of cost. On receipt of the
analysis the purchaser shall send to the commissioner of agriculture
ond immigration a correct copy of what was branded on the bag,
barrel or package from which the sample was drawn, signed by both
parties, and which copy must be made at the time the sample was
drawn. The copy of the chemist’s analysis of a fertilizer or fertil-
izer material when certified to by him, shall be admitted as evidence
in any court of this State on the trial of anything involving tlie
merits of any fertilizer or fertilizer material.

12. If the analysis of any fertilizers or fertilizer material ob-
tained in any of the before mentioned methods shall fall as much
as five (5) percentum and not more than ten (10) percentum below
the guarantee registered with the commissioner of agriculture and
immigration, or branded on the package by the manufacturer,
dealer or agent in the sum total of the phosphoric acid, nitrogen
and potash, or as much as twenty-five (25) percentum below the
guarantee in either of these ingredients, it shall be the duty of the
said commissioner to assess twice the value of such deficiency against
the manufacturer, dealer or agent who sold such fertilizer, and if
the fertilizer shall fall over ten (10) percentum below the guarantee
registered with the said commissioner or branded on the package
by the manufacturer, dealer or agent of the before mentioned in-
gredients, he shall assess five (5) times the value of such deficiency
against the manufacturer, dealer or agent who sold such fertilizer,
the above mentioned assessments to be based on the selling price
of such fertilizer or fertilizer material, and he shall require the
manufacturer, dealer or agent to make good such assessments to all
persons who purchased such fertilizers, a receipt therefor and
promptly forwarding same to the commissioner of agriculture, and
if said purchaser cannct be found, said assessment shall be paid to
the commissioner of agriculture, who shall deposit same in the State
treasury to the credit of the “fertilizer fund” of the department of
agriculture to be used as other funds of the department; provided,
however, that in no case shall the aforesaid fine or penalty exceed the
value of said goods; and the said commissioner may seize any fertil-
izer belonging to such maanufacturer, dealer or agent, if the assess-
ment shall not be paid within three (3) months after such notice to
such manufacturer, dealer or agent has been given by the said
commissioner. The sums assessed by the commissioner of agriculture
and immigration against any manufacturear of, dealer or agent in
fertilizers under the provisions of this act, shall, upon, the request of
ihe parties entitled to receive such sum, be certified to the clerk of
any circuit or corporation court of this Commonwealth, and there-
upon the clerk of such circuit or corporation court shall enter the
same upon his judgment docket in the same manner that judgments
are entered, and shall index the same in the name of both parties.
Said certifiate certified by the commissioner shall contain the name
of the purchaser and of such manufacturer, dealer or agent, the
amount of such assessment and the date thereof; and the amount
so assessed shall carry legal interest from the date of such assess-
ment until paid, and shall be enforced in any manner that a judg-
ment or decree may be enforced.

And in addition thereto the commissioner shall, where it is pos-
sible, seize the residue of said fertilizer from which said deficient
samples were drawn, if the same remains in the hands of such manv-
facturer, dealer or agent, and shall sell the same after advertising
the time, place and terms of sale, and the constituent elements of
such fertilizer, together with their percentages as hereinbefore re-
quired ; and out cf the proceeds of sale shall pay such sums as may
have been assessed for the benefit of any persons who have pur-
chased porticns of such fertilizer, and the residue thereof, after
deducting costs and expenses of such proceedings he shall pay over
to such manufacturer, dealer or agent.

Any perscn feeling himself aggrieved by an action by the com-
missic ner under this section, shall have the right within thirty days
frem the date of the rendition of the decision of said commissioner,
to appeal therefrom to the State board of agriculture and immigra-
ticn upon giving to the opposite party ten days’ notice of his in-
tention to appeal.

13. The commissioner of agriculture and immigration shall have
authority to establish, with the consent of the board of agriculture
and immigration, such rules and regulations in regard to the in-
spection, analysis and sales cf fertilizer and fertilizer material as
shall not be inconsistent with the provisions of this act, and as in
his judgment will best carry out the requirements thereof.

14. Nothing in this act shall be construed to restrict and avoid
the sale of any fertilizer or fertilizer material to each other by
manipulators, importers or manufacturers, who mix fertilizer mate-
rials for sale, or as preventing the free and unrestricted shipments
of material to manufacturers or manipulators who have registered
their brands as required by the provisions of this act.

And further, nothing in this act shall prevent the shipment of
fertilizer in bulk; provided the requisite amount of tonnage tags,
canceled by the shipper, together with a written or printed state-
ment giving the brand, name, the number of tons in the shipment,
the guaranteed analysis and the name and address of the manufac-
turer, as prescribed by this act, be furnished with the invoice of
shipment; and further provided the seller of the fertilizer shall
notify the commissioner of agriculture and immigration of the
name, and address of the purchaser and time of shipment of each
bulk shipment: and that all bulk shipmests shall be subject to such
rules and regulations as may be prescribed by the said commissioner
and approved by the board of agricultu-e and immigration.

15. The board of agriculture and immigration shall have full
and absolute contro} of all money arising from fees aforesaid, and
of all forfeitures and fines arising under this act, and shall adopt
all needful rules and regulations providing for the collection and
disbursement of the said fees, forfeitures and fines, and shall require
the same to be deposited with the treasurer of the State, and to be
drawn therefrom upon warrants issued by the commissioner and
signed by the president of the said board, upon the auditor of the
State, out of which shall be paid the expense of carrying out the
formation for farmers. And any surplus of said funds shall be
used by the said board for carrying on experiments with plants and
fertilizers, and publishing and disseminating the results of such
experiments, and for conducting other work and disseminating other
knowledge and information useful to the farmers.

16. The commissioner of agriculture and immigration shall
keep a correct and faithful account of all fees, forfeitures and fines
received and certificates issued and money disbursed by him, and
shall make a semi-annual report of receipts and disbursements to
the board of agriculture and immigration and annually to the gover-
ner, accompanied by statements of receipts and disbursements.

17. The term “commercial fertilizer or fertilizer material” when
used in this act, shall not be held to include lime, land plaster, ashes,
common salt or unground tobacco stems when sold as such, unmixed
with other fertilizer materials.

18. All acts and parts of the acts inconsistent with this act are
hereby repealed.

19. This act shall be in force from January one, nineteen hun-
dred and fifteen.