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From 2nd Schedule : Part I. (a) Blood dried for fertilising purposes, (?>) amount
of nitrogen; Part II. (a) clover meal, (b) amount of fibre.
From 3rd Schedule : Ingredients in feeding stuffs, the presence of which must be
declared—husks, glumes, shudes, &c., when artificially admixed, rye straw, peat moss,
sawdust, &c.
Proviso : The obligation does not apply to (1) two or more articles mixed before
sale at the request of the purchaser; (2) sales of less than half cwt. if from
a conspicuously labelled parcel.
2. (1) The "statutory statement" is a "warranty" of the correctness of the
statement.
(2) Sale of the articles in Schedules 1 and 2 as cattle or poultry food implies
a warranty that the article is suitable for such purpose and does not contain any
articles of Schedule 3 except as given in the " statutory statement."
(3) Description in a "statutory statement" of a fertiliser or food by the name
given in the 1st or 2nd Schedules is a warranty that the effective content
scheduled against that name is present in the article.
(4) Written statements (other than the "statutory statement") as to
ingredients or fineness of grinding have effect as a warranty by the seller that
the facts stated are correct.
(5) There are more or less normal limits of variation in the ingredients of
fertilisers and feeds; therefore no action on such a warranty shall lie where the
mis-statement does not exceed the limits of variation prescribed.
3. (1) The purchaser of articles in the 1st and 2nd Schedules or those not
included, but for which an implied or expressed warranty has been given, shall be
entitled to the services of the official sampler and agricultural analyst on payment of
a fee. The purchaser, on demand, shall furnish the official sampler with the statutory
statement or warranty.
(2) The sampling must be done before the expiry of 14 days from delivery to
the purchaser or receipt by the purchaser of the statutory statement or warranty.
Criminal Liabilities.
4. (1) First Schedule articles prepared for sale or consignment or exposed for
sale must, as to every parcel, be marked in the prescribed manner indicating the
particulars to be contained in the statutory statement.
(2) A person dealing in such marked parcels may keep a register of marks
and what those marks indicate. A mark which is thus entered in a register
implies the facts registered in connection with the mark.
(a) on the sale of a parcel so marked the mark shall be added to the
statutory statement. Offences under 4, are—
(1) The absence of the required marks on a parcel.
(2) Falsity to the prejudice of the purchaser of the particulars indicated by
the mark, as found on analysis.
The person selling, having in possession or disposition for purposes of sale or
consignment or exposing for sale the parcel shall be guilty of an offence.
5. (1) In consignment direct from ship or quay to purchaser, instead of as in
Section 4.
(2) The seller of 1st Schedule articles shall enter in his register—
(a) date of delivery or consignment to purchaser, place and quantity of
delivery;
(b) shipping or other mark on the article;
(c) particulars required for statutory statement.
(3) Offences on part of seller—
(a) failure to enter in register the required particulars;
(b) any entered particular being materially false;
(c) falsity in the statutory statement (found on analysis) or the absence
from the register of any particular required for the statutory
statement.
6. An offence is committed by owner or seller where fertiliser or feed is sold in
small quantities from a labelled parcel and analysis shows that the label is false or does
not include the particulars of the " statutory statement."