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7. It is an offence to sell, offer or expose for sale a feed containing a deleterious
ingredient or to have such feed in possession packed and prepared for sale unless—
(a) reasonable care would not have disclosed to the seller the presence
of a deleterious ingredient;
(b) the seller plead warranty or statutory statement and give all
information as to the origin of the deleterious mixture;
(c) any substance in the 5th Schedule or such excess as there indicated
shall be deemed a deleterious ingredient.
(Examples from 5th Schedule : Sand, silicious matter, or other insoluble mineral matter
not naturally associated with the feed or in greater proportion than natural association;
poisonous substances; deleterious salts.)
8. (1) Failure to give "Statutory Statement"— £5 fine. £10 for succeeding
offence.
(2) In the case of 1st Schedule articles sold with a "statutory statement"
differing—
(a) from the particulars marked or indicated by a mark placed on the
parcel;
(b) in articles delivered direct from ship or quay to a purchaser, from
the particulars entered in the seller's register;
(c) in articles which have not been on the premises of the seller, from
the statutory statement given to the seller;
the person giving the statutory statement offends unless he prove he has taken
all reasonable steps to avoid offence.
(3) Failure to add & required mark to the statutory statement is an offence.
Fines as in (1) of this section.
9. (1) Person keeping a register or receiving a statutory statement relating to an
article sold by them must preserve the register or statement for such a period as may
be prescribed (up to four months) and produce it on demand to an Inspector.
Fine up to £20.
(2) All registers and statutory statements are subject to inspection. Fine
up to £20.
(3) An Inspector has entry at all reasonable times for purposes of examining
registers or statutory statements.
10. In 1st Schedule descriptions which are trade descriptions under the
Merchandise Marks Act, no proceedings shall be taken under that Act on grounds of
false description.
Administrative Provisions, Sampling, Analysis.
11. The Council's duties are to enforce the Act.
To appoint an official "Agricultural Analyst," Inspectors and Official
Samplers.
The Inspectors and Official Samplers are to be whole-time Officers of the
Council.
A Deputy Agricultural Chemist may be appointed.
The appointments are subject to the approval of the Minister.
Two Councils may concur in making any appointment.
12. (1) An " Inspector " has reasonable powers of entry where he expects goods
of Schedule 1 to have been prepared and stored for sale or consignment, or where
goods of Schedules 1 and 2 have been stored for use, and he may take samples. If in
this he act outside his limits of jurisdiction it shall be with the consent of the Council
of the jurisdiction invaded.
(2) Informal samples may be taken.
(3) An Inspector appointed by the Minister may act in any county or county
borough. If the Minister considers the powers insufficiently exercised by a
Council, the Minister's Inspector may take samples, submit them for analysis
and recover his expenses as a debt due to the Crown or as a civil debt.
(4) If a retail parcel of 14 lbs. or less in weight be sampled the retailer may
request that the whole parcel be bought.
(5) The Inspector acting on railway premises will duly regard delay to traffic.