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do hereby solemnly and sincerely declare that the above particulars are true and correct, that the animals were killed by me, and to the best of my knowledge and belief they were all over the age of three months.
[Signature.] Declared at , in the province of South Australia, this
day of 19 before me.
An Act to amend the Law relating to the Sale of
[Assented to, December 5th, 1900.] B E it Enacted by the Governor, with the advice and consent of
the Parliament of South Australia, as follows:
1. This Act may be cited as “ The Fertilisers Act, 1900.”
2. “The Fertilisers Act, 1894,” and “ The Fertilisers Act Amend- Repeal. ment Act, 1898,” are hereby repealed. This repeal shall not affect any right, interest, or liability, or anything already done or commènced under the repealed Acts.
3. In this Act, unless some other meaning is clearly intended- Interpretation. “ Analyst ” means any agricultural analyst appointed under this 602/94, sec. 3.
facturer, importer, vendor, or dealer in fertilisers for the
other business or trade or not: “Fertiliser " includes every article for use as a fertiliser of the soil, 694/98, sec. 2.
except farmyard or stable manure, crude nightsoil, crude
offal, seaweed, or other crude material: “ Inspector” means the Inspector of Fertilisers or any Assistant
Inspector of Fertilisers under this Act: “ Water soluble phosphate ” means monocalcic phosphate calcu- New. lated as tricalcic phosphate :
The Fertilisers Act.—1900.
Notice by dealers.
“ Citrate soluble phosphate” means bicalcic phosphate calculated
as tricalcic phosphate: “ Acid soluble phosphate” means phosphate soluble in acids calcu
lated as tricalcic phosphate, but other than “water soluble phosphate” and “ citrate soluble phosphate ” as defined
above: “ Potash ” means potash calculated as monoxide of potassium.
4. Every dealer shall, within thirty days of the first day of January, one thousand nine hundred and one, or within thirty days after the date of his commencing in business as a dealer, give notice in writing to the Inspector of Fertilisers, at the office of the Minister of Agriculture, in Adelaide, of his name and place of business, and of the distinctive names or brands of the fertilisers dealt in by him, and of the places where the same can be obtained; and any such person who shall fail to give such notice shall be liable to a penalty of not exceeding Two Pounds per day for each day on which he shall so fail to give such notice.
694/98, sec. 4.
5. Every dealer shall, on or before the thirty-first day of January of each year, pay to the Inspector of Fertilisers a licence fee of Two Pounds Two Shillings for each and every fertiliser bearing a distinctive name or brand dealt in by him, but not exceeding Five Pounds Five Shillings in any one year, and shall deliver to such inspector a certificate in the form in Schedule A hereto of the minimum percentages of nitrogen, nitrogen as nitrates, potash in readily soluble form, water soluble phosphate, citrate soluble phosphate, and acid soluble phosphate contained in each such brand of fertiliser: Provided that when the manufacturer or importer of any brand of fertiliser shall have paid the licence fee for such brand of fertiliser it shall be lawful for any other dealer to sell such brand of fertiliser without payment of any further fee: and every dealer who fails to comply with this section shail be guilty of an offence against this Act.
Certificate of minimum percentages. New.
6. The certificate of the minimum percentages of nitrogen, nitrogen as nitrates, potash in readily soluble form, water soluble phosphate, citrate soluble phosphate, and acid soluble phosphate contained in any brand of fertiliser may be amended by giving one week's notice in writing to the Inspector of Fertilisers, and paying a further fee of Five Shillings for the registration of such alteration.
Duties of seller.
002/94, sec. 1.
694/98, sec. 10, alterod.
7. Every person who sells any fertiliser shall sign and give to the purchaser an invoice, which shall state(a) The names in full and the place or places of business of the
manufacturer and vendor of such fertiliser, if manufactured within South Australia ; and if imported, or if such fertiliser is not a manufactured article, then the name and place of business of the vendor:
The Fertilisers Act.–1900.
(6) The figure, word, trade mark, or trade description which is
to be branded or stamped upon or affixed to every sack,
such fertiliser sold to the purchaser:
potash in readily soluble form, water soluble phosphate,
of such of them as the fertiliser contains:
8. Every person who sells or offers for sale any fertiliser shall Packages to be brand or stamp upon or durably affix to, or cause to be branded branded. or stamped upon or durably affixed to, every sack, barrel, case, or 694/98, sec. 8. other package containing any portion of such fertiliser the name of the manufacturer or vendor, and a figure, word, trade mark, or trade description corresponding to the figure, word, trade mark, or trade description stated in the invoice.
9. It shall be an offence if any person who sells or offers for sale Offences by sellers. a fertiliser
602/94, sec. 2, added (a) Fails without reasonable excuse to give, on or before or as soon
as possible after the delivery of the article, the invoice re
quired by this Act; or (6) Causes or permits any invoice or description of the article sold
by him to be false in any material particular; or (c) Fails to brand or stamp upon or affix to every sack, package,
or barrel the particulars required by section 8 hereof; or (d) Sells or describes as bonedust or bonemeal any fertiliser con
taining less than forty per centum of tricalcic phosphate
derived from bones; or
containing less than fifteen per centum of water soluble
10. Every dealer who sells or exhibits, or offers for sale any Deficiency in regisfertiliser which contains a smaller percentage of nitrogen, nitrogen as nitrates, potash in readily soluble form, water soluble phos- New. phate, citrate soluble phosphate, or acid soluble phosphate than that mentioned in the certificate delivered to the Inspector of Fertilisers under section 5 hereof shall, if the deficiency is greater than one-half per centum of nitrogen, or nitrogen as nitrates, one-half per centum of potash in readily soluble form, or two and one-half per centum of phosphate, whether water soluble phosphate, citrate soluble phosphate, or acid soluble phosphate, separately or total, be guilty of an offence against this Act.
The Fertilisers Act.—1900.
C02/94, sec. 2.
11. Any person who commits any offence against this Act for which no other penalty is provided shall, without prejudice to any civil liability, be liable, on summary conviction, to a fine of not exceeding Twenty Pounds for a first offence, and for any subsequent offence to a fine of not exceeding Fifty Pounds and not less than Twenty Pounds.
12. For the better protection of the public the Governor shall 694/98, sec. 3, altered. appoint an Inspector of Fertilisers, and may appoint one or more
Assistant Inspectors of Fertilisers.
Powers of inspectors. 694/98, sec. 5.
13. Any inspector may, at any time in the daytime, enter any manufactory, warehouse, store, shop, building, or place in South Australia where any fertiliser is manufactured, kept, or exposed for sale, and demand and take samples of any such fertiliser.
Samples. 694/98, sec. 6.
14. Three samples shall be taken by the inspector in each case and marked, sealed, and fastened by the inspector in the presence of the dealer or his representative, and shall be disposed of as follows:(a) One sample shall be delivered to the person in charge of the
premises: (6) One may be utilised for analysis : (c) One shall be retained by the inspector for future comparison.
Publication of certificate.
15. The particulars contained in the certificate delivered to the Inspector of Fertilisers under section 5 of this Act may be published in the Journal of Agriculture, or in such other manner as the Minister of Agriculture may direct.
Publication of result of analysis.
694/98, sec. 7.
16. The result of the analysis of any sample of fertiliser taken by any inspector, together with the name and address of the dealer from whom the sample was obtained and the certificate mentioned in section 5 hereof, may be published in The Journal of Agriculture and Industry and in such other manner as the Minister of Agriculture may direct, and a statement of the result of any analysis shall be sent by post forthwith to the dealer from whom the sample was taken.
Right of buyer to
17. Every buyer of any fertiliser shall, on complying with the regulations, be entitled, within ten days after delivery of the article to the buyer or receipt of the invoice by the buyer, whichever is later, to submit a sample of such fertiliser to the analyst for analysis, and to receive from him a certificate of the result of his analysis.
Analyst's certificate. 602/94, sec. 4 (3).
18. The certificate of the analyst shall be in the form and contain the particulars mentioned in the Schedule B hereto, or as near thereto as circumstances permit.