ARRANGEMENT OF SECTIONS
1 Short title
3 Obligation to furnish statutory statements
5 Right of purchaser to have article sampled and analysed
6 Marking of articles prepared for consignment
7 Sales in small quantities
8 Deleterious ingredients in feeding stuffs
9 Trade names under which fertilizers may be sold
10 Failure to give and mis-statements in statutory statements
11 Preservation of statutory statements
12 Appointment and powers of inspector
13 Provisions as to analysis of samples
14 Tampering with samples
15 Obstruction of inspectors
16 Prohibition against disclosures
17 Penalties for offences
18 General provisions as to legal proceedings
20 Exemption for certain sales
FERTILIZERS AND FEEDING STUFFS ACT
[Date of Commencement: 14th May, 1942]
This Act may be cited as the Fertilizers and Feeding Stuffs Act.
(1) In this Act-
"cattle" means bulls, cows, oxen, heifers, calves, sheep, goats and swine;
(a) an inspector of agricultural produce appointed as such under the Agricultural Produce Act; or
(b) any person appointed under section 12 of this Act;
"purchaser" includes any person other than a carrying agent acting on behalf of a purchaser;
"small quantities" means quantities of fifty-six pounds or less.
(2) An article consigned to a purchaser shall not for the purposes of this Act be deemed to be delivered to him until it arrives at the place to which it is consigned, whether the consignment is by direction of the seller or the purchaser.
(3) Where an article is delivered to a purchaser in two or more consignments, this Act shall apply to each consignment as though it were a separate article.
(4) Where the method of analysis for determining the amount of any substance contained in an article is prescribed under this Act, any statement in any statutory statement or document which by virtue of this Act takes effect as a warranty, and any mark on an article stating or indicating the amount of such substance, shall be taken to be a statement of the amount of the substance as determined by analysis in accordance with the method so prescribed.
(5) Particulars as to the nature, substance or quality of an article marked or indicated by a mark shall not, for the purposes of this Act, be deemed to be false to the prejudice of the purchaser if the mis-statement as respects any ingredient does not exceed the limits of variation (if any) prescribed under this Act in relation thereto.
(6) Where for the purposes of this Act the expressions "percentage of soluble phosphates'' and "percentage of insoluble phosphates" are used in statements of equivalents, they shall be taken to mean respectively the percentage of tribasic phosphate of lime which has been, and that which has not been, rendered soluble in water.
(1) It shall be the duty of every person who sells for use as a fertilizer of the soil or as food for cattle or poultry any article included in the first column of the First or Second Schedule, whatever may be the name under which the article is sold, to give the purchaser on or before delivery, or as soon as reasonably practicable thereafter, a statement in writing (hereinafter referred to as a statutory statement) in such form (if any) as may be prescribed, containing the following particulars-
(a) the name under which the article is sold;
(b) such particulars (if any) of the nature, substance, or quality, of the article as are, in relation to the article, mentioned in the second column of such Schedule;
(c) where the article, if a feeding stuff, contains any ingredient included in the Third Schedule, the name of such ingredient:
Provided that the obligation so imposed shall not apply-
(i) to sales of two or more articles which are mixed at the request of the purchaser before delivery to him;
(ii) to sales of small quantities if the article sold is taken in the presence of the purchaser from a parcel bearing a conspicuous label on which are marked in the prescribed manner the particulars required by this section to be contained in the statutory statement.
(2) Failure to give a statutory statement in accordance with the provisions of this section shall not invalidate a contract for sale.
(1) A statutory statement given by the seller of any article referred to in subsection (1) of section 3 shall, notwithstanding any contract or notice to the contrary, have effect as a written warranty by the seller that the particulars contained in the statutory statement are correct.
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