Fertilisers and Feeding Stuffs Act 1904 (WA)
WESTERN AUSTRALIA.
AN NO TERTIO
EDWARDI SEPTUM REGIS,
XXII.
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No. 7 of 1904.
AN ACT to amend the Law relating to the
Sale of Fertilisers and Feeding Stuffs.
[Assented to 16th Januar y, 1904.]
BE it enacted by the King's Most Excellent Majesty, by andand Legislative Assembly of Western Australia, in this presentwith the advice and consent of the Legislative Council
Parliament assembled, and by the authority of the same, as follows :—
1. THIS Act may be cited as the Fertilisers and Feeding Stugs Short title and
Act, 1904, and shall come into force on the first day of July, "'""1"t'
1904.
2. THE Fertilisers and Feeding Stuffs Act, 1895, is hereby Repeal.
repealed.
3. IN this Act, unless some other meaning is clearly intended,— lute eta on.
" Acid soluble phosphate" means phosphate soluble in acids calculated as tricalcic phosphate, but other than " water soluble phosphate " and " citrate soluble phosphate," as defined below ;
| 1904, No. 7.] | Fertilisers and Feeding Stuffs. | [3 ED W. VII. |
" Brand " means a distinctive name, figure, trade mark, or
trade description, followed by the word " registered."
" Cattle " includes horses, camels, asses, mules, bulls, cows,
oxen, heifers, calves, sheep, goats, swine, poultry, and dogs;
"Citrate soluble phosphate " means bicalcic phosphate calcu-
lated as tricalcic phosphate ;
" Dealer " means any person who sells or exhibits or offers for sale any fertiliser or food for cattle, and whether such person carries on any other business or trade or not ;
" Fertiliser " includes every article for use as a fertiliser of the soil, except farmyard or stable manure, crude nightsoil, crude offal, seaweed, or other crude material;
" Inspector " means an inspector of fertilisers and food for
cattle under this Act, and includes assistant inspector ;
" Minister " means the Minister for Lands or other responsible Minister of the Crown charged with the administration of this Act for the time being ;
" Potash " means potash calculated as monoxide of potassium ; " Prescribed " means prescribed by this Act or the regulations
thereunder.
"Water soluble phosphate " means monocalcic phosphate calcu-
lated as tricalcic phosphate.
| •Brands of fertilisers | 4. IT shall be unlawful to sell, exhibit, or offer for sale any |
| to be registered, | fertiliser unless |
| (1.) | The brand of such fertiliser ; and |
(2.) The minimum percentages of nitrogen, nitrogen as nitrates, potash in readily soluble form, water soluble phosphate, citrate soluble phosphate, acid soluble phos- phate, and moisture contained in such fertiliser
are registered in the prescribed manner at the Department of
Agriculture in Perth.
| Publication of | 5. | THE particulars of any registered brand of fertiliser may be |
| certificate. | published in the Government Gazette, or in such other manner as the Minister may think fit. |
ANY person may, in the prescribed manner, amend the registered 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 registered by him.
| Amendment of | 6. |
registered per-
centages.
| 3 EDW. VII.] | Fertilisers and Feeding Stalls. | [1904, No. 7. |
7. EVERY person who sells or exhibits or offers for sale any Packages to be
fertiliser shall 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 other package containing any portion of such fertiliser, the
registered brand of the fertiliser.
8. EVERY person who sells any fertiliser in any quantity not s eller to give
| less than half a hundredweight— | to buyer. | |
|
(r.) Shall, at the time of sale or delivery of the fertiliser or any part thereof to the purchaser, give to the purchaser an invoice certificate in the prescribed form signed by the seller or his agent and stating
(a.) The name and place of business of the seller ;
(b.) The registered brand of the fertiliser ;
(r.) The quantity sold;
(d.) The minimum percentages of nitrogen, nitrogen
as nitrates, potash in readily soluble form, water soluble phosphate, citrate soluble phosphate, acid soluble phosphate, and of moisture, or of such of them as the fertiliser contains, which shall in every case be not less than the minimum per- centages thereof as registered with the brand ; and
(2.) Shall, before delivery, durably mark or brand upon or And mark brand on
durably affix to, or cause to be durably marked or branded package.
upon or durably affixed to, every sack, barrel, case, or other
package containing any portion of such fertiliser
delivered in pursuance of such sale, the registered brand
of the fertiliser.
9. EVERY such invoice certificate shall be deemed a Invoice certificate a
representation or warranty by the seller to the purchaser of the truth warranty.
of the matters referred to therein.
10. (1.) EVERY person who sells, for use as food for cattle, any warranty on sale of
article which has been artificially prepared, shall give to the feeding stuff.
purchaser an invoice certificate stating the name of the article, the
percentages of nutritive or other ingredients contained therein, and
whether it has been prepared from one substance or seed, or from
more than one substance or seed, and such invoice shall have effect
as a warranty by the seller of the statements contained therein.
(2.) Where any article sold for use as food for cattle is sold under a name or description implying that it is prepared from any particular substance, or from two or more particular substances, or is the product of any particular seed, or of two or more particular seeds, and without any indication that it is mixed or compounded with any other substance or seed, there shall be an implied warranty
1904, No. 7.] Fertilisers and Feeding Stuffs. [3 EDW. VII.
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.
| (3.) | On the sale of any article for use as food for cattle, there |
shall be implied a warranty by the seller that the article is suitable
for feeding purposes.
| (4.) | Any statement by the seller of the percentages of nutritive |
or other ingredients contained in any article sold for use as food for cattle, made in an invoice certificate of such article, or in any circular or advertisement descriptive of such article, shall have effect as a warranty by the seller
Deficiency in regis-
| tared brands. | 11. EVERY person who sells or exhibits or offers for sale any |
fertiliser which contains a smaller percentage of nitrogen, nitrogen as nitrates, potash in readily soluble form, water soluble phosphate, citrate soluble phosphate, or acid soluble phosphate than the percentages thereof as registered with the registered brand of the fertiliser 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 one and one-half per centum of phosphate, whether water soluble phosphate, citrate soluble phosphate, or acid soluble phosphate, separately or total, commits an offence against this Act.
| Offences by sellers. | 12. ANY person who |
(l.) Sells or describes as bonedust or bonemeal any fertiliser containing less than the prescribed percentage of tricalcic phosphate derived from bones ; or
(2.) Sells or describes as superphosphate or super any fertiliser containing less than the prescribed percentage of water soluble phosphate, and less than the prescribed total percentage of water soluble phosphate and citrate soluble phosphate ; or
| (3•) | Sells or describes as Thomas' Phosphate any fertiliser composed of basic slag containing less than the pre- scribed percentage of tricalcic phosphate, and so pre- pared that less than the prescribed percentage of the fertiliser is capable of passing through a sieve having the prescribed mesh to the square inch ; or |
| (4.) | Sells for use as food_ for cattle any article which contains any ingredient deleterious to cattle, cr to which has been added any ingredient worthless for feeding pur- poses, and not disclosed at the time of the sale, |
commits an offence against this Act.
| 3 ED1V. | Fertilisers and Feeding Stuffs. | [1904, No. 7. |
13. THE Governor shall appoint an Inspector of Fertilisers for Inspectors.
the purposes of this Act, and may appoint one or more assistant
Inspectors of Fertilisers.
14.
| ANY inspector may, at any time in the daytime, enter any manufactory, warehouse, store, shop, building, or place where any | Powers of inspec- |
| tors. | |
| fertiliser or food for cattle is manufactured, kept, or exposed for sale, and demand and take samples thereof. |
15. THREE samples shall be taken by the inspector in each Samples.
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 |
or left upon the premises ;
(b.) One may be utilised for analysis by a Government
analyst ;
| (c.) One shall be retained by the inspector for future | COM | - |
parison.
16. THE result of the analysis of any sample of fertiliser or Publicationof result
food for cattle taken by any inspector, together with the name and of analysis.
address of the dealer from whom the sample was obtained, may be
published in the Government Gazette and in such other manner as
the Minister may think fit, and a statement of the result of any analysis shall be sent by post forthwith to the dealer from whom the sample was taken.
| 17. ANY dealer who refuses— | to permit inspector |
| Penalty for refusing |
(l.) To permit an inspector to take samples of any fertiliser or to take samples.
feeding stuff ; or
(2.) To deliver to the inspector an invoice certificate in respect
of any sample taken,
commits an offence against this Act.
18. EVERY buyer of any fertiliser or food for cattle shall, 011 Right of buyer to
complying with the regulations, be entitled to submit a sample of analysis.
such fertiliser or food for cattle to a Government analyst for analysis,
and to receive from him a certificate, in the prescribed form, of the
result of his analysis.
19. AT the hearing of any civil or criminal proceeding with Certificate evidence.
respect to any article analysed ill pursuance of this Act, the produc- tion of a certificate of the result of an analysis purporting to be signed by a Government analyst shall be conclusive evidence of the
1904, No. 7.7 Fertilisers and Feeding Stuff's. [3 EDW. VII.
facts therein stated, unless the defendant or person charged gives notice to the plaintiff or prosecutor, at least twenty-four hours previous to the day fixed for the hearing, that he requires that the analyst shall be called as a witness.
| Cost of analysis. | 20. THE costs of and incidental to the obtaining of any |
analysis, in pursuance of section eighteen of this Act, shall be a debt due from the seller to the purchaser, if the result of the analysis is against the seller.
Tampering with
| samples. | 21. IF any person |
(a.) Tampers with any parcel of fertiliser or food for cattle so as to procure that any sample of it taken in pursuance of this Act does not correctly represent the contents of the parcel ; or
(b.) Tampers with any sample taken under this Act,
he shall be liable, on summary conviction, to a fine not exceeding twenty pounds, or to imprisonment for a term not exceeding six months.
| Defence. | 22. IN any proceeding for an offence under this Act it shall |
be no defence to allege that the buyer, having bought only for analysis, was not prejudiced by the sale, or that the fertiliser or food for cattle, though deficient in one or more constituents, was not defective in other constituents.
Remedy by a seller
| against a prior | 23. IN any action brought by any person for misrepresentation |
| seller. | or for a breach of warranty on the sale of any fertiliser, such person may recover alone, or in addition to any other damages recoverable by him, the amount of any penalty in which he may have been convicted under this Act, together with the costs paid by him upon such conviction, and those incurred by him in and about his defence thereto, if he proves |
(l.) That the fertiliser, the subject of such conviction, was consigned, forwarded, or sold to him by the defendant with an invoice certificate containing the like particulars to those contained in the invoice certificate given by him upon the sale in respect of which he shall have been convicted ; and
(2.) That lie purchased or received such fertiliser, not knowing it to be otherwise, and afterwards sold it in the same state in which he purchased or received it ;
but the defendant in any such action shall be at liberty to prove
that the conviction was wrongful.
| 3 EDW. Val | Fertilisers and Feeding Stuffs. | [1904, No. 7. |
24. A PROSECUTION for an offence under this Act may be Who may prosecute.
instituted either by the person aggrieved, by an inspector, or
by any person authorised by the Director of Agriculture.
25. IN any proceedings under this Act the signature of every Evidence. lent analyst shall be judicially noticed, and the appointment
,.,;rson as a Government analyst or as an inspector, and the
irity of any person to prosecute for any offence shall be presumed,
ess the defendant shall prove the contrary.
26. EVERY person convicted of an offence against this Act General penalty.
for which no specific penalty is prescribed shall, for every such
offence, be liable to a penalty not exceeding fifty pounds.
| upon conviction before any two or more Justices of the Peace in procedure. | 27. | ALL offences under this Act shall be summarily punishable Summary |
petty sessions,
28. EVERY person convicted of an offence against this Act Cost of proceedings.
shall be liable, in addition to any penalty imposed, to any expenses incurred by the prosecution in obtaining an analysis as part of the costs of the proceedings.
29. NO proceedings taken under this Act against any person saving of civil
shall in any way interfere with or lessen any right or remedy by remedy.
civil process of any party aggrieved by any offence against this Act.
30. (l.) THE Governor may, from time to time, make regula- Regulations.
tions-
(a.) Prescribing standards of chemical composition or
mechanical subdivision of any specified fertilisers ;
(b.) Prescribing the fees to be paid for any analysis ; and (c.) As to any matters whatsoever, not being contrary to
the provisions of this Act, necessary to give effect
to this Act.
(z.) All regulations shall be published in the Government Gazette, and shall, from the date of publication, have the force and,
effect of law, and shall be laid before both Houses of Parliament within fourteen days after the publication thereof, if Parliament is then sitting, and, if not, then within fourteen days from the next meeting of Parliament.
By Authority: Wm. ALFRED Wmrsom, Government Printer, Perth.
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