CHAP. 206.—An ACT to amend and re-enact sections 5 and 12 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 thev are to be sold, and fixing penalties incurred
for violation of same, as heretofore amended.

Approved March 18, 1912.

1. Be it enacted by the general assembly of Virginia, That
sections five and twelve 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 the same, as heretofore, amended, be amended and
re-enacted so as to read as follows:

$5. All manufacturers, dealers, or agents who have registered
their brands in compliance with this act shall forward to the
commissioner of agriculture and immigration a request for tax
tags, stating that said tags are to be used upon brands of
fertilizer material registered in accordance with this act, and
said request shall be accompanied with the sum of fifteen cents
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 to said package, 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 year; pro-
vided, that the tags are returned to the commissioner in un-
broken sheets. The commissioner of agriculture and immigra-
tion is empowered to prescribe a form for such tax tags, and
the color of said tax tags must be changed each year.

$32. If the analysis of any fertilizer or fertilizer material
obtained in any of the before mentioned methods shall fall
as much as five per centum and not more than ten per centum
below the guarantee registered with the commissioner of agri-
culture 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 per centum
below the guarantee in either of these ingredients, it shall be
the duty of the 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 per centum
below the guarantee registered with the commissioner or branded
on the package by the manufacturer, dealer or agent of the
before mentioned ingredients, he shall assess five 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 ma-
terial, and he shall require the manufacturer, dealer or agent
to make good such assessments to all persons who purchased such
fertilizers, taking receipt therefor and promptly forwarding
same to the commissioner of agriculture, and if said purchaser
cannot be found, said assessment shall be paid to the com-
missioner of agriculture, who shall deposit same in the State
treasury to the credit 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 commissioner may seize any fertilizer
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 the
commissioner. The foregoing shall apply only to the lot pur-
chased or carload of fertilizer or fertilizer material from any
part of which the sample was drawn; but an appeal shall lie
from the decision of the commissioner of agriculture and immi-
gration to the board of agriculture and immigration, who shall
give due notice to the manufacturer, dealer or agent, and a
hearing with full authority to produce evidence before them.