CHAP. 513.—An ACT to amend and re-enact an act entitled an act to
protect and advance agriculture by regulating the sale and purity of
agricultural lime and the guarantee and condition upon which it is to
be sold, and fixing the penalty incurred for violation of the same, ap-
proved March 11, 1910. (S. B. 267.)

Approved March 23, 1916.

1. Be it enacted by the general assembly of Virginia, That
an act entit'ed an act to protect and advance agriculture by
regulating the sale and purity of agricultural lime and the guar-
antee and condition upon which it is to ke sold, and fixing the
penalty incurred for violation of the same, approved March
elevcnth, nineteen hundred and ten, be amended and re-enacted
to read as follows:

2. All manufacturers, dealers or agents who may desire
to sell or offer for sale in the State of Virginia any agricultural
lime shall be required to annually register with the commis
sioner cf agriculture and immigration cf the State of Virgin,
upon forms furnished by said commissioner, the name of each
brand of agricultural lime 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, the
weight of the bag, barrel or p:ckage, and the guaranteed analy-
sis thereof, stating the minimum percentage cf oxide of cal-
cium and the minimum percentage of oxide of magnesia con-
tained in burnt I me, and the minimum percentage of carbonate
of lime and the min‘mum percentage of carbonate of magresia
in unburnt lime. Such statement shall be regarded as constitut-
ing a guarantee to the purchaser that each package contains
not less than the per centum of oxide of calcium and oxide of
magnesia in burnt lime, or the per centum of carbonate of lime
and carbonate of magnesia in unburnt lime made from rock,
marl or oyster she'ls in its nat:ral condition. All preparations
of lime that are not classed and taxed as fertilizer by an act
approved March eighteenth, nineteen hundred and fifteen, are
to come under the provisions of this act.
3. All manufacturers, dealers or agents, before selling or
offering for sale in this State any agricuitura! lime, shall brand
on, or attach to, each bag, barrel or package, the brand name
of the agricultural lime, the weight of the package, the name
and address of the manufacturer, and the guaranteed analysis
of said lime in minimum percentages, as provided for in sec-
tion two of this act. In case of bulk lime, the manufacturer
sha!l attach to his invoice the guaranteed analysis as herein
provided for.

4. Every person proposing to manufacture and sell agri-
cultural lime in this State, shall pay annually to the commis-
sioner of agriculture and immigration a registration fee of ten
dollars for each brand of lime registered with said commis-
sioner, and said fee shall accompany said application for regis-
tration of said brand. The funds arising therefrom shall be
paid in the State treasury to the credit of the department of
agriculture and immigration and used as are other funds of
said department. The said commiss‘oner, upon receipt of said
registration and the fee aforesaid, shall issue a certificate stat-
ing that the said manufacturer has complied with the foregoing
sections. The said certificate, when furnished, shall authorize
the party receiving the same to manufacture for sale in this
State, or sell in this State, directly or through dealers or agents,
the brands named in said certificate. Any person who has
failed to file the statement aforesaid and received the certificate
aforesaid, from year to year annually, except dealers and agents
selling or offering for sale agricultural lime on which the cer-
tificate has been issued to the manufacturer, as hereinbefore
provided, shall be de2med guilty of a misdemeanor and punish-
able by a fine of not more than one hundred do'lars.

The commissioner of agriculture and immigration is
hereby charged with the enforcement and carrying out of the
provisions of this act, and shall have full control of the inspec-
tion and analysis of agricultural lime. He shall, by and with
the approval of the board of agriculture and immigration, adcpt
all needful rules and regulations for carrying out the require-
ments of this act, and shall require the inspectors of fertilizer
to collect fair samples of all brands of agricultural lime offered
for sale in this State, and to perform such other duties as may
be necessary. Such samples shall be analyzed by a chemist of
the said department and the results of such analysis, along with
any other information he may deem advisable, shall be published
in the bulletins along with the analysis of fertilizers. Said in-
spectors shall not receive any additional compensation.

6. Every person who sells agricultural lime, upon the re-
guest of the purchaser, shall draw from the same at the time of
its delivery to the purchaser, and in the presence of the pur-
chaser or his agent, or, if the seller is not present when the lime
jis delivered to the purchaser, then any duly qualified justice
of the county or corporation, who shall be paid by the purchaser
twenty-five cents for each service, shall, in the presence of the
purchaser, draw from 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 same shall then be put in a glass or tin ves-
sel and securely sealed, and there shall then be placed on said
vessel a label, and on said label be inscribed a certificate signed
by both parties, setting forth that the enclosed sample is a fair
and correct sample, and the vessel shall then be packed and for-
warded to the commissioner of agriculture and immigration, and
the said commissioner, on the analysis of said sample, shall for-
ward one copy to the seller and one copy to the purchaser of
said agricultural lime.

A copy of the State chemist’s analysis of agricultural lime,
when certified to by him, shall be admissible as prima facie evi-
dence in any court of this State on the trial of any proceedings
involving the merits of such agricultural lime.

7. If the analysis of any agricultural lime, obtained in any
of the before mentioned methods, shall fall ten per centum in
value below the value of the manufacturer’s guarantee, the
commissioner of agriculture and immigration shall assess twice
the value of such deficiency against the manufacturer, dealer
or agent who sold such fertilizer. Said assessment to be based
upon the selling price of such agricultural lime, and the said
commissioner shall require the manufacturer, dealer or agent
to make good such assessment to all p2rsons who purchased
such lot of agricultural lime from which such deficient sample
or samples were drawn, take receipt therefor and forward same
promptly to the said commissioner. If the purchaser cannot
be found, the amount of such assessment shall be paid to the
commissioner of agriculture and immigration, to be used as
are other funds of the denartment of agriculture and immigra-
tion. The said commissioner may seize any agricultural lime
belonging to such manufacturer, dealer or agent, if the assess-
ment shall not be paid within three months after such notice
to such manufacturer, dealer or agent has been given by said
commissioner.

All acts and parts of acts in conflict with this act are
hereby repealed.

9. This act shall be in force on and after January first,
nineteen hundred and seventeen.