Fertilisers and Feeding Stuffs Act 1906
| Jurisdiction | UK Non-devolved |
Fertilisers and Feeding Stuffs Act, 1906
(6 Edw. 7.) CHAPTER 27.
An Act to amend the law with respect to the sale of Agricultural Fertilisers and Feeding Stuffs.
[4th August 1906]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Warranties as to fertilisers and feeding stuffs.
(1) Every person who sells for use as a fertiliser of the soil any article which has been subjected to any artificial process in the United Kingdom, or which has been imported from abroad, shall give to the purchaser an invoice stating the name of the article and what are the respective percentages (if any) of nitrogen, soluble phosphates, insoluble phosphates, and potash contained in the article, and the invoice shall have effect as a warranty by the seller that the actual percentages do not differ from those stated in the invoice beyond the prescribed limits of error.
(2) Every person who sells for use as food for cattle or poultry any article which has been artificially prepared shall give to the purchaser an invoice stating the name of the article, and whether it has been prepared from one substance or seed or from more than one substance or seed, and in the case of any article artificially prepared otherwise than by being mixed broken ground or chopped, what are the respective percentages (if any) of oil and albuminoids contained in the article, and the invoice shall have effect as a warranty by the seller as to the facts so stated, except that as respects percentages the invoice shall have effect as a warranty only that the actual percentages do not differ from those stated in the invoice beyond the prescribed limits of error.
(3) Where any article sold for use as food for cattle or poultry is sold under a name or description implying that it is prepared from any particular substance or from any two or more particular substances, or is the product of any particular seed or of any two or more particular seeds, and without indication that it is mixed or compounded with any other substance or seed, there shall be implied a warranty by the seller that it is pure, that is to say, is prepared from that substance or those substances only, or is a product of that seed or those seeds only.
(4) On the sale of any article for use as food for cattle or poultry, there shall be implied a warranty by the seller that the article is suitable to be used as such.
(5) Any statement by the seller of the percentages of the chemical and other ingredients contained in any article sold for use as a fertiliser of the soil, or of the nutritive and other ingredients contained in any article sold for use as food for cattle or poultry, made after the commencement of this Act in an invoice of such article, or in any circular or advertisement descriptive of such article, shall have effect as a warranty by the seller.
(6) Where an article sold for use as a fertiliser of the soil or as food for cattle or poultry consists of two or more ingredients which have been mixed at the request of the purchaser, it shall be a sufficient compliance with the provisions of this section with respect to percentages if the invoice contains a statement of percentages with respect to the several ingredients before mixture, and a statement that they have been mixed at the request of the purchaser.
2 Power to appoint analyst and samplers.
(1) The Board of Agriculture and Fisheries shall appoint a chief agricultural analyst (hereinafter referred to as the chief analyst), who shall have such remuneration out of moneys provided by Parliament as the Treasury may assign. The chief analyst shall not while holding his office engage in private practice.
(2) Every county council shall, and the council of any county borough may, appoint an official agricultural analyst (hereinafter referred to as an agricultural analyst) and one or more official samplers for their county or borough.
(3) The council of any county or county borough may also appoint a deputy agricultural analyst, who shall, in case of illness, incapacity, or absence of the agricultural analyst, have all the powers and duties of the agricultural analyst, and where the deputy acts this Act shall apply as if he were the agricultural analyst.
(4) The appointment of an agricultural analyst, deputy agricultural analyst, or official sampler shall be subject to the approval of the Board of Agriculture and Fisheries.
(5) A person whilst holding the office of agricultural analyst shall not engage or be interested in any trade, manufacture, or business connected with the sale or importation of articles used for fertilising the soil or as food for cattle or poultry.
3 Power to have fertiliser or feeding stuff analysed.
(1) Every purchaser of any article used for fertilising the soil or as food for cattle or poultry who has taken a sample thereof within ten days after delivery of the article to him or receipt of the invoice by him, whichever is later, shall, on payment of the required fee, be entitled to have the sample analysed by the agricultural analyst.
(2) An official sampler shall at the request of the purchaser and on payment by him of the required fee, and may without any such request, take a sample for analysis by the agricultural analyst of any such article as aforesaid which has been sold or is exposed or kept for sale, but, in the case of an article which has been sold, the sample shall be taken before the expiration of ten days after the delivery of the article to the purchaser, or the receipt of the invoice by the purchaser, whichever is later.
(3) Where a sample has been taken with a view to the institution of any civil or criminal proceeding, the person taking the sample shall divide the sample into three parts, and shall cause each part to be marked, sealed, and fastened up, and shall deliver or send by post two parts to the agricultural analyst and one part to the seller.
(4) An agricultural analyst to whom a sample is submitted for analysis under this section—
(a ) if the sample has not been divided into parts and the parts marked, sealed, and fastened up as herein-before mentioned, shall send a copy of the certificate of his analysis to the person who submitted the sample for analysis; and
(b ) if the sample has been so divided into parts, shall analyse...
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