Chap. 791.—An ACT to amend and re-enact sections 2, 4, 6 and 10 of an act en
titled 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 to the
same, approved February 24, 1890.

Approved March 8, 1894.

1. Be it enacted by the general assembly of Virginia, That sec-
tions two, four, six, eight and ten of an act entitled an act to protect
and advance agriculture by regulating the sale and purity of com-
mercial fertilizers, and the guarantee and condition upon which they
are to be sold, and fixing the penalties incurred for violation to the
same, approved February twenty-four, eighteen hundred and ninety,
be amended and re-enacted so as to read as follows:

§ 2. It shall be the duty of any manufacturer or dealer in com-
mercial fertilizers, annually, before the same are offered for sale in
this state, to pay to the commissioner of agriculture a registration
fee of one hundred dollars, which fee shall entitle the said manu-
facturer or dealer to register with the commissioner of agriculture
not exceeding ten names or brands under which he proposes to sell
his fertilizers in this state, and for each and every additional name
or brand over and above the ten above provided for, the manu-
facturer or dealer shall pay an additional registration fee of ten dol.
lars, but any one manufacturing not more than one hundred tons ir
one year, upon certifying the same to the commissioner of agricul.
ture, shal] pay a tax of ten dollars only. It shall also be the duty
of the said manufacturer or dealer to submit to the commissioner o!
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 be contained, in the package in
which they are to be put upon the market for sale, and the name o1
names of the manufacturers, and the place of manufacture; second, 4
statement setting forth the per centum of the named ingredients which
they are willing to guarantee said fertilizers tocontain—first, ammo-
nia; second, available phosphoric acid; third, insoluble phosphoric
acid; fourth, potash soluble in water. Such statements so to be fur-
nished shal! be considered as constituting a guarantee to the purchase}
that every package of such fertilizer contains not less than the per
centum of each ingredient set forth in the statement. This shall.
however, not preclude the party making the statement from setting
forth any other ingredient which his fertilizer may contain, which
additional ingredient shall be considered as embraced in the guar-
antee above stated.

§ 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 or attached to each bag, barrel or package,
in such manner as the commissioner of agriculture may by regula-
tion establish, the guaranteed analysis of such fertilizer or chemical
or ingredients as claimed by the manufacturer, showing the per cen-
tum of valuable ingredients such fertilizer or chemical contains,
which shall be the same as that contained in the statement required
to be submitted to the commissioner of agriculture, except when the
fertilizer or chemical or ingredient is shipped in bulk. Any person
violating the provisions of this section shall be fined not less than
fifty dollars in each case.

§ 6. Every person who sells a lot or package of commercial fer-
tilizer 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, afair and correct sample, and in the presence of both seller
and buyer 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 manufacturer, 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, shall forward one copy to the seller
and one copy to the purchaser of said fertilizer. If the analysis of
any fertilizer obtained through an inspection, or in the manner
above prescribed, shall fall ten per centum in value below the value
of the manufacturer’a guaranteed analysis, the commissioner of
agriculture may forbid its further sale in this state, and the pur.
chaser shall be entitled to recover of the manufacturer the purchase
money thereof: provided the purchase price has been paid by him,
and the seller shall be debarred from any 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
and a hearing with full opportunity to produce evidence before
them. The decision of the board of agriculture shall be final.

°§ 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 re-
quire the same to be deposited with the treasurer of the state, and
only to be drawn therefrom upon the 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, which shall not exceed fifteen hun-
dred dollars in any 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 galt, or any chemicals or ingredients used
in manufacturing fertilizers intended for sale. All fertilizers sold
or offered for sale in violation of this act shall be seized by the com-
missioner of agriculture or his agent, and shall be delivered to the
officer of the court having jurisdiction of the offence, and said fer-
tilizers shall be subject 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.

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