Chap. 140.—An ACT to amend and re-enact 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 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, as amended
by an act approved March 25, 1914. (H. B. 74)

Approved March 18, 1915.

1. *Be it enacted by the general assembly of Virginia, That 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, approved February twenty-fourth, eighteen hun-
dred 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 Decem-
ber 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, as amended by an act approved March 25, 1914, be
amended and re-enacted to read as follows:

2. All manufacturers, dealers or agents who may desire to sell or
offer for sale, hereinafter in the State of Virginia, any fertilizer or
fertilizer material shall be required to annually register with the com-
missioner of agriculture and immigration of the State of Virginia, upon
forms furnished by said commissioner, the name of each branch (brand)
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 analysis thereof, stating the mini-
mum percentage of available phospheric acid, water soluble nitrogen,
total nitrogen (equivalent to ammonia) and potash (available, from
sulphate) and all manufacturers, 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 (brand) registered with said com-
mission. The funds arising from the registration of such brands of ferti-
lizer shall be deposited by the said commissioner of agriculture with the
treasurer of this State, to the credit of the department of agriculture and
immigration, to be held and disposed of as provided for the disposition
of funds derived from sale of fertilizer tags, and known as the “fertilizer
fund,” and to be a part thereof.

3. All manufacturers, dealers or agents before selling, or offering
for sale, in this State any commercial fertilizer, 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 constituents of the said fertilizer in minimum percentages only.
These items, and no others, shall be brdnded 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................. percentumi

Equivalent to ammonia............. percentum

Seventh.—Potash (available from sulphate).
EKighth.—Name and address of the manufacturer.

The statement regarding potash, as provided for in sections two an
three of this act, is only to be used when credit for potash in the forn
of sulphate is desired, and in that case the potash must come from hig!
grade commercial sulphate of potash.

‘4. No fertilizer manufacturer, dealer or agent shall be allowed t
register or offer for sale any complete fertilizer, acid phosphate wit
potash, acid phosphate with nitrogen or plain acid phosphate in thi
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 percentum of nitrogen, when
one or both are present in the same mixture.

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 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 to 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 be-
ginning of the next calendar year; provided, that the tags are returned
to the commissioner in unbroken sheets. The commissioner of agricul-
ture and immigration is empowered to prescribe a form for such tags and
the color of said 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 commissioner of
agriculture and immigration, receive from the said commissioner a cer-
tificate stating that he has complied with the foregoing sections, which
certificate shall be furnished by the commissioner without any 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 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 commercial fertilizers; and any person so manufacturing for sale
in this State, or so dealing or selling without having paid the aforesaid
fee, filed the aforesaid statement, and receiving 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 the preceding sections of this act, shall be liable for each
violation to a fine not exceeding one thousand dollars.

”. 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 pro-
tection 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 through-
out the fiscal year for which it is registered and in no case, even at sub-
sequent 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 ferti-
lizer, or fertilizer material, without first making full and explicit state-
ment 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 purpose for which sold, and
obtaining permission from the said commissioner 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 immigra-
tion, or which has not been branded or tagged as hereinbefore provided,
or who shall use tags the second time or any person who shall receive
or remove any such fertilizer, or any railroad 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 violation 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 com-
missioner 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 dis-
posed of as hereinafter provided, and for such service such officer shall
receive the same fees as now provided by law in cases of attachment.
The commissioner of agriculture 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
material 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 prosecution made
under the provisions of this act, in the manner now provided by law
for sales under attachment or distress, and all fines shall] be paid over to
the commissioner of agriculture and immigration. 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 ang 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 in-
spectors 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 congressional district. Said inspectors
shall hold office for one calendar year, and each inspector shall be paid a
salary of seventy-five dollars ($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 information of the farmers. Upon
the request of the purchaser every seller of fertizer 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 and 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 ferti-
lizer or fertilizer material when certified to by him, shall be admitted as
evidence in any court of this State on the trial of anything involving
the merits of any fertilizer or fertilizer material.

12. If the analysis of any fertilizers or fertilizer material obtained
in any of the before mentioned methods shall fall as much as five (5)
percentum and aot 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 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
ingredients, 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 pur-
chased such fertilizers, 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 commissioner of agriculture, who
1915. ] ACTS OF ASSEMBLY. 195

shall deposit same in the State treasury to the credit fertilizer fund;
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
fertilizer belonging to such manufacturer, 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 com-
missioner. ‘'he sums assessed by the commissioner of agricultural and
immigration against any manufacturer of, dealer or agent in fertilizers
under the provisions of this act, shall, upon the request of the parties
entitled to receive such sum, be certified to the clerk of any circuit or
corporation court of this Commonwealth, and thereupon 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 certificate certified by the
commissioner shall contain the name of the purchaser and of such manu-
facturer, 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 assessment until paid, and shall be enforced in any manner
that a judgment or decree may be enforced.

And in addition thereto the commissioner shall, where it is possible,
seize the residue of said fertilizer from which said deficient samples
were drawn, if the same remains in the hands of such manufacturer,
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 required; and out of the proceeds
of sale shall pay such sums as may have been assessed for the benefit of
any persons who have purchased portions 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 person feeling himself aggrieved by an action by the commis-
sioner under this section, shall have the right within thirty days from
the date of the rendition of the decision of said commissioner, to appeal
therefrom to the State board of agriculture and immigration upon giving
to-the opposite party ten days’ notice of his intention 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 inspection,
analysis and sales of 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 materials for sale, or
as preventing the free and unrestricted shipments of material to manu-
facturers 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 ferti-
lizer in bulk; provided the requisite amount of tonnage tags, cancelled
by the shipper, together with a written or printed statement giving the
brand, name, the number of tons in the shipment, the guaranteed analysis
and the name and address of the manufacturer, 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 shipments shall be
subject to such rules and regulations as may be prescribed by the said
commissioner and approved by the board of agriculture and immigration

15. All monies collected under the provisions of this act, shall be
paid into the State treasury to the credit of the department of agricul-
ture and immigration, and held in a separate fund to be known as the
“fertilizer fund,” from which shall be appropriated by the general
assembly such sums as may be required for the carrying out of tie pro-
visions of this act, to be available as the money may be deposited in the
treasury. The funds appropriated by the general assembly as aforesaid
shall be drawn from the State treasury by warrants issued by the com-
missioner of agriculture and immigration, countersigned by the presi-
dent of the board of agriculture and immigration upon the auditor of
public accounts, and said warrants shall state the general purposes for
which said warrant is drawn, but the said board of agriculture and immi-
gration shall] require and keep vouchers, giving in detail the purposes for
which said payments were made, so that the State accountant muy be
able to audit the expenditures of said board.

Any portion of the “fertilizer fund” not otherwise appropriated may
be appropriated and disbursed by the board of agriculture and immi-
gration, in accordance with the foregoing provisions of this act for the
purpose of carrying on experiments with plants and fertilizers, and in
carrying out the other purposes of this act.

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 governor, accompanied by state-
ments 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. AJl acts and parts of the acts inconsistent with this act are
hereby repealed.

19. This act shall be in force from March one, nineteen sixteen.