Chap. 10.—An ACT amending and re-enacting sections 2, 4, 5, 6, 7, 8, and 10
of an act entitled an act to protect and advance agriculture by regulating
the sale and purity of commercial fertilizers, and the guarantee and condi-
tion upon which they are to be sold, and fixing the penalties incurred for
violation of the same, approved February 24, 1890, as amended by an act
approved March 8, 1894, as amended by an act approved March 56, 1896, as
amended by an act approved December 22, 1897.

Approved December 28, 1899.

1. Be it enacted by the general assembly of Virginia, That sections
two, four, five, six, seven, eight, and ten, of an act entitled an act to
protect and advance agriculture by regulating 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
14 ACTS OF ASSEMBLY.

the same, approved February twenty-fourth, eighteen hundred and
ninety, as amended by an act approved March eighth, eighteen hundred
and ninety-four, as amended by an act approved March fifth, eighteen
hundred and ninety-six, as amended by an act approved December
twenty-two, eighteen hundred and ninety-seven, be amended and _ re-
enacted so as to read as follows:

§ 2. It shall be the duty of every manufacturer of or dealer in com-
mercial fertilizers, annually, before the same are offered for sale in this
state, to pay to the commissioner of agriculture the sum of fifteen
cents per ton as an inspection and license fee, and at the same time
shall make a request for tags therefor: whereupon it shall be the duty
of the commissioner of agriculture to issue tags to parties so applving,
stating that all charges specified in this section have been paid, and the
commissioner of agriculture is empowered to prescribe a form for such
tugs. The dealer shall attach a tag to each bag. barrel, or package
thereof, which, when attached to said bag. barrel. or package shall
he prima facie evidence that the seller has complied with the require-
ments of this act. Any tags Ieft in possession of the manufacturer or
dealer at the end of the season shall not be used for another season,
but they shall be redeemable by the commissioner of agriculture, when
presented in unbroken packages or sheets on or before the beginning of
the next year. Jt shall also he the duty of the said manufacturer or
dealer to submit to the commissioner of agriculture a written or printed
statement setting forth, first. the names and brands under which his
said fertilizers are to be sold, the number of pounds contained, or to
he contained, in the package in which they are to be put upon the market
for sale, and the name or names of the manufacturers and the place of
manufacture: second, a statement setting forth the following per centum
of the named ingredients which they are willing to guarantee said ferti-
lizers to contain—first. ammonia: second, available phosphoric acid: third,
potash soluble in water. Such statement so to be furnished shall be con-
sidered as constituting a guarantee to the purchaser that every package
of such fertilizer contains not less than the per centum of each ingredient
set forth in the statement: provided, that the parties taking out licenses
under this act shall be construed as taking the same, subject to the right
of the state to impose a further tax upon them during the license year by
further legislation.

§ 3. Every person proposing to deal in commercial fertilizers shall,
after filing the statement ahove 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 anv charge therefor.
The said certificate when furnished shall authorize the party receiving
the same to manufacture for sale in this state, or to sell in this state,
directly or throuch 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 commercial ferti-
lizers, and anv person so manufacturing for sale in this state, or s0
dealing or selling without having paid the aforesaid fee, filed the afore-
said 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 issued to the manufacturers, as provided in sec-
tions two and three of this act, shall be liable for each violation to a fine
not exceeding one thousand dollars.

§ 4. All fertilizers or chemicals, or ingredients for manufacturing or
composting the same, offered for sale or distribution in this state, shall
have printed upon each bag, barrel, or package in such a manner as the
commissioner of agriculture may by regulation establish, the guaranteed
analysis of such fertilizer or chemical or ingredients as claimed by the
manufacturer showing only the per centum of ammonia, available phos-
phoric acid, and potash soluble in water.

The name of the brand, the name of the manufacturer, the place of

manufacture, and the number of pounds contained in each bag, barrel,
or package in which said fertilizer is put up, which shall be the same
as that contained in the statement required to be submitted to the com-
missioner of agriculture: provided, that nothing in this act shall be
construed to restrict or avoid sales of acid phosphate, kainit, or other
fertilizer material in bulk to each other by importers, manufacturers, or
manipulators who mix fertilizer material for sale, or as preventing the
free and unrestricted shipment of these articles in bulk to manufacturers
or manipulators who mix fertilizers for sale. Any person violating the
provision of this section shall be fined not less than fifty dollars in each
case.
§ 5. Every person who sells a lot or package of commercial fertilizer,
or chemical ingredient for manufacturing the same, upon the request of
the purchaser, shal] draw from the same at the time of its delivery to the
purchaser, and in the presence of the purchaser or agent, or, if the seller
is not present when a lot or package of commercial fertilizer. or chemical,
or ingredient for manufacturing the same, is delivered to the purchaser,
then, any duly qualified justice of the county or corporation, who shall
be paid by the purchaser twentv-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 buver, or justice and
buver, as the case may be, the sample thus drawn shall then be put in
a glass or tin vessel and securelv sealed. and there shall then be placed
on said vessel a lahel, and on said lahel shall be inscribed a certificate
signed by both parties. setting forth that the enclosed samnle is a fair
and correct sample; and the vessel shell then be nacked and forwarded
to the commissioner of agriculture, and the commissioner of agriculture.
on the analysis of said sample, shall forward one copy to the seller and
one copy to the purchaser of the said fertilizer.

If the analvsis of anv fertilizer ohtained through an insnection, or in
the manner above provided. shall fall ten per centum in value helow the
value of the manufacturer’s guaranteed analvsis, the commissioner of
acriculture shall forhid the further sale in this state of ssid fertilizer. and
the purchaser shall he entitled to recover of the manufacturer or seller
the purchase money thereof: provided. the nurchase money has heen
paid by him, and the seller shall he deharred from the recovery of the
purchase price of said fertilizer, if the same is then unpaid, but an appeal
shall lie from the decision of the commissioner of agriculture to the board
of agriculture, who shall give due notice to the manufacturer or seller,
and a hearing with full opportunity to produce evidence before them.
The decision of the board of agriculture shall be final.

_ § 6. The commissioner of agriculture shall have full control of the
Inspection and analyses of fertilizers. Tfe shall, bv and with the advice and
consent of the board of agriculture, appoint as manv inspectors of ferti-
lizera as may be necessary, including one from each of the five grand divi-
sions of the state, but not more than one from any congressional district,
that the salary of each inspector hall not exceed seventy-five dollars per
month for the time emploved and expenses while so emploved, and shall
adopt all needful rules and regulations (not inconsistent with this act)
as in the said commissioner's judgment may be best for ecarrving out
the provisions thereof, but all such rules and regulations shall he
approved by the said hoard. He shall endeavor to obtain fair samples
of all brands of fertilizers offered for sale in this state, and shall have
same analyzed by the official chemist of the department, and shall publish
said analvses for the information of the farmers.

The copy of said official chemists analvsis of a fertilizer or chemical,
when certified to hy him, shall be admissible as evidence in anv court of
this state on the trial of anvthing involving the merits of said fertilizer.

S 7. The board of agriculture shall have full and absolute control of
all money arising from the fees aforesaid, and shall adopt all needful
rules and regulations providing for the collection and dishursements of
said fees, and shall require the same to he deposited with the treasurer
of the state, and to be drawn therefrom upen warrants issued by the
auditor of the state. ont of which shall he paid the expense of carrving
out the provisions of this act, including a commission of two per centum
to the commissioner of agriculture for collecting and disbursing the said
fees: provided, the total amount of commissions so received shall not,
together with the salary allowed by law, exeeed the sum of two thousand
dollars. And any surplus of said funds shall he used by the said hoard
of agriculture for carrying on experiments on the nutrition and growth of
plants with a view to ascertain what fertilizers are best suited to the
various crops of the state, and whether other erops mav not be advantage-
ously grown on its soil, and reporting, publishing and disseminating the
result of such experiments.

§ 8. The commissioner of agriculture shall give a good and sufficient
bond in the sum of thirty thousand dollars for the faithful performance
of his duty, and shall keep a correet and faithful account of all fees
received and certificates issued by him. showing from whom the fees
were received, and, as far as practicable, for what fertilizers the certificates
were intended to be used, and shall make a quarterly report of receipts
and disbursements to the board of agriculture, and the amount of money
arising under this act. The said board of agriculture shall make report
annually to the governor accompanied by detailed statements of all its
receipts and disbursements.

§ 9. The term “commercial fertilizer ” or fertilizers, where the same
are uscd in this act, shall not be held to include lime, land plaster, ashes,
or common salt, or tobacco stems, ground and unground. All fertilizers
sold or offered for sale in violation of this act shall be seized by the com-
missioner of agriculture or his agents; shall be delivered to the officer of
the court having jurisdiction of the offense, and said fertilizers shall be
subject to the disposition made of the same by said court.

All violations of the provisions of this act shall be prosecuted and pun-
ished as violations of the revenue law of this state are prosecuted or
punished.

§ 10. All acts and parts of acts inconsistent with this act are hereby
repealed.

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