The Fertilisers Act 1900 (SA)

ANNO SEXAGESIMO TERTIO ET SEXAGESIMO

QUAILTO

A. D. 1900.

No. 747.

An Act to amend the Law relating to the Sale of

Fertilisers.

[Assented to, December 5th, 1900.1

E it Enacted by the Governor, with the advice and consent of

B the Parliament of South Australia, as follows:

1. This Act may be cited as The Fertilisers Act, 1900." short title

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ment Act, 1898,'' are hereby repealed. This repeal shall not affect any right, interest, or liabfity, or anything already done or com- menced under the repealed Acts.

lated as tricalcic phosphate: Citrate

3, In this Act, unless some other meaning is clearly intended- Interpretation.

Analyst " means any agricul t uril aualy st appointed under this 602/94, WC. 3.

* Act:

Dealer " means any person whp carries on business as a manu- New.

facturer, importer, vendor, or dealer in fertilisers for the purposes of trade, and whether such person carries on any other business or trade or not:

a Fertiliser " includes every article for use as a fertiliser of the soil, esalgs, sec. 2.

except farmyard or stable manure, crude nightsoil, crude

offil, 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- N , , ,

63" & 64' VICTORIA3, No. 747.

The Fertilisers Act.-1900.

New. Citrate soluble phosphate " means bicalcic phosphate calculated

as tricalcic phosphate:

New. 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:

New.	" Potash " means potash calculated as monoxide of potassium.
Notiie by dealers.	4. Every dealer shall, within thirty days of the first day of

694198, sea. 4.	January, one thonsand 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 thc 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.
Licence fee.	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 dis- tinctive 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 mini- mum 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 thc licence fee for such brand of fertiliser it shall be lawful fbr 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 Y
New.
against this Act.
Cwtifioate of mini-

mum percentage#. 6, The certificate of the minimum percentages of nitrogen,

nitrogen as nitrates, potash in readily soluble form, water soluble

New.	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.
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 fcl; tiliser is not a manufactured article, then the name and place of business of the vendor:

(a) The

6 3 O & 64O VICTORIR, No. 747.

me Fertilisers Act.--1 9 00.

-

( b ) The figure, word, trade mark, or trade description which is

to be branded or stamped upon or affixed to every sack, barrel, case, or other package containing any portion of such fertiliser sold to the purchaser:

(C) The' minimum perccntagcs of nitrogen, nitrogen as nitrates,

potash in readily soluble form, water soluhle phosphate,

citrate soluble phosphate, and acid sol~lble phosphate, or	.
of such of them as the fertiliser contains:

And this invoice shall have effect as a warranty by the seller of the statements contained therein.

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

or stamped upon or durably affixed to, every sack, harrel, case, or 694198, sec. 8.

other package containing any portion of such fertiliser the name of

the manuf'acturer or vcndor, and a figure, word, trade mark, or

trade description corresponding to the figure, word, trade mark, or

trade description stated in the invoice.

Q, It shall be an offence if any person who sells or offers for sale offences by sellers.

a fertiliser-	602194, sec. 2, added
to.

(a) Fails without reasonable cxcusc to give, on or before or as soon

as possible after the delivery of the article, the invoice re-

quired by this Act; or

( b ) 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 tlo 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 centurn of tricalcic phosphate

derived from bones; or

( e ) Sells or describes as superphosphate or super. any fertiliser containing less than fifteen per centum of water soluble phosphate and a less total than thirty per centum of water soluble phosphate and citrate solublc phosphate.

fertiliser which contains a smaller percentage of nitrogen, nitrogen tered brands. 10, Every dealer who sells or exhibits, or offers for sale any Deficiency in re&-

as nitrates, potash in readily so l~~ble form, water soluble phos- New-

phate, citrate soluble phosphate, or acid soluble phosphate than that mentioned in thc certificate delivered to the Inspector of Ferti- lisers under section 5 hereof shall, if the deficiency is greata.

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 solublc phosphate, citrate soluble phosphate, or acid soluble phosphate, separntely or total, be guilty of an offence against this Act.-

4 63" & 64' VICTOKIW, No. 747.

The Ferte'li~ers Act.1900.

Pdtiem. 11, Any person who commits any offence against this Act for

which no other penalty is provided shall, without prejudice to any

~ 0 2 ~ 9 4, W. 2.

civil liability, be liable, on summaly 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.

1n~peotort4. 12. For the better protection of the public the Governor shall

ssrjss. aec. 3, a l tod. appoint an Inspector of Fertilisers, and may appoint one or more

A~lsistant Inspectors of Fertilisers.

Powera of inspectors.

13, Any inspector may, at any time in the daytime, enter any

manufactory, warehouse, store, shop, building, or place in South

~ 9 4 ~ ~ 4 8, W. 6.

Australia where any fertiliser is manufactured, kept, or exposed for sale, and demand and take samples of any such fertiliser.

Samples. 14. Three samples shall be taken by the inspector in each case

694198, sec. 6.

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:

( b ) One may be utilised for analysis:

(c) One shall be retained by the inspector for future comparison.

Publication of

cmtiilcate. 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 . A q r i c u l t ~ ~, I or in such other manner as the Minister of Agriculture may direct.

Publ idon of m u l t 16, The result of the analysis of any sample of fertiliser taken by

of auuly sie.	any inspector, together with the name and address of the dealer from
s~r/ss, WW. 7.	whom the sample was obtained and the certificate mentioned in
section 5 hereof, may be published in The Journd v' Agricu lture and
111dmtr-y 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.
Bight .of buyer to	17, Every buyer of any fertiliser shall, on complying with the 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.	regulations, be entitled, within ten days after delivery of' the article
ao2/9% sec. 4 (1)-

. analysis, and to receive from him a certificate of the result of his analysis.

~na lya t*~ certificate. 18, The certiticate of the analyst shall be in the form and contain

tow, m. 4 (3).	the particulars mentioned in the Schedule B hereto, or as near thereto
as circumstances permit,

63' & 6 4 O VICTORIR, No. 747. 5

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The Fertilisers Act.-1900.

19. At the hearing of any civil or criminal proceeding with Certificateevidence.

respect to any article analysed in pursuance of this Act the produc- 602,94,

4 (4),

tion of a certificate of the analyst shall be evidence of the facts a1h*d.

therein stated, unless the defendant or person charged gives notice

to the or prosecutor at lmst twenty-four hours previous to

day fixed for the return of the summons or hearing that he requires

that the analyst be called as a witness.

20. The costs of and incidental to the obtaining of any analysis costa of andyais.

in pursuance of section 16 this Act shall be borne by the seller or 602194, sec. 4 ( 5 ).

the buyer, in accordance with the results of the analysis, and shall

be recoverable as a simple contract debt.

21. The Governor may appoint one or more agricultural analysts.	Analya.
602194, sec. 3.
22. If any person knowingly and fraudulently-	Tampering with
samples.

(a) Tampers with any parcel of fertiliser so as to psocurc that 6()2/94,

any sample of it taken in pursuance of this Act does not

cosrectly 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.

23, In any proceeding for an offence under this Act it shall be Defence.

no defence to allege that the buyer, having bought only for analysis, Bon!gr,	2 (2).
was not prejudiced bv the sale, or that the fertiliser, though deficient

in one or more const~tuents, was not defective in other constituents.

24. A person alleged to have committed an offence under this Rights of seller against peraon who

Act in respect of an article sold by him shall be entitled to the same ,,ld tohim.

rights and remedies, civil or criminal, against the person from whom 602194, sec.	(3).
article from him, and any damages recovcrcd by him may, if the	he bought the article as are available to the person who bought the
circunlstances justify it, include the amount of any fine and costs paid by him on conviction under this Act, and the costs of and incidental to his defence on such conviction.

25. A prosecution for an offence under this Act may be insti- w h o m a p prosecute.

tuted either by the person aggrieved, by the Inspector of Fertilisers, 602194, seo. 6, altered.

or by any person authorised by the Minister of Agriculture.

26. If the percentage of nitrogen, nitrogen as nitrates, potash what deficiencies

in readily soluble form, water soluble phosphate, citratc soluble phos- allowed.

phate, or acid soluble phosphate contained i n any fertiliser shall be Nm-

less by the following amounts, namely, 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, than the percentages stated in

. the

63* & 64O VICTORI&, No. 747.

me F'tiliws A c t. 1 9 0 0.

the invoice given to the purchaser of such fertiliser, such invoice

ahall be deemed to be false in a material particular.

-

Evidence. 27, I n any proceedings under this Act par01 evidence that any

New.	person is an analyst or an Inspector shall be deemed sufficient, unless
the defendant shall prove the contrary.
Burnmars prooea~m.	28, All proceedings in respect of offences under this act shall be conducted under Act No. 6 of 1850, relating to summary convictions and orders, and the Act or Acts amending the same, or under any Act or Acts for the time being in force in that behalf; and there shall be an appeal from any conviction or from any other order dis- missing any information to the Local Court of Adelaide in its Full Jurisdiction.
602194, sec. 7.

Regulatione. 29. The Governor may, from time to time, make regulations for

e02p4,	4 (21,	all or any of	the following purposes, namely :-
added to.

I. Prescribing the method of taking samples by any buyer

desirous of having any fertiliser analysed:

11. Prescribing the fees to be paid to the analyst for making any

analysis:

III. Generally for carrying this Act into effect.

Publication in 30. All regulations shall be published in the Government Gazette,

~a4ette.	and shall from the date of publication have the force and effect of
New,	law.

Appliaation of A C ~. 31, This Act shall not apply to any dealer or person selling or

694198, sec. 9, altered. offering for sale any fertiliser in any quantity less than fifty-six

pounds in weight.

Date or coming into 32. This Act shall come into operation on the first day of January,

operation. one thousand nine hundred and one.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

TENNY SON, Governor.

SCHEDULES.

VICTORIE, No.

The Fertilisers Act.-- 1900.

SCHEDULES.

SCHEDULE A.

The Fertilisers Act, 1900."

Certijcate of Constituents of Fertilisers. 1

To the Inspector of Fertilisers.

I [we], the undersigned, hereby give you notice that I [we] sell the fertilisers mentioned below, and that 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 of the said fertilisers are as hereunder set forth. I [we] hereby forward you the sum of ;E, being the licence fee as required by section 5 of the Fertilisers Act, 1900, for year ending thirty-first December, 19.

Name of Name or Brand Nitrogen Water Citrate Acid

Potash Readily in

Manufacturer of Nitrogen. ae Soluble Soluble Soluble

or Importer. Fertiliser. Nitrates. pom. Phosphate. Phosphate. Phoqhate.

--

Dated Signed .

SCHEDULE B.

" Fertilisers Act, 1900."

Form of CertiJlicats by Agricultural Analyst,

I, the undersigned, agricultural anttlyst, do hereby certify that on the day

of , 19 , I received from a sealed sample

labelled	for analysis, the result of which
is as follows, viz. :-

Nitrogen ................................ Per cent.

G. as nitrates G b

......................

66

Potash in readily soluble form ..............

Phosphoric acid calculated as tricalcic phos-

phate-

( a ) Water soluble phosphate	.......,..	6 6
( b ) Citrate soluble phosphate	..........	66
h 6

(c) Acid soluble phosphate ......,......

As witness my hand this day of , l 9 .

, Agricultural Analyst,

+ 2

Adelaide: By authority, C. E. Bms~ow, CCovetnment Printet., North Terrace.