FERTILIZERS ACT

Arrangement of Sections

1. Short title.

2. The Chief Fertilizer Analyst.

3. Deputy Chief Fertilizer Analysts, Fertilizer Analysts, Fertilizer Inspectors, and other staff.

4. Chief Fertilizer Analyst may exercise or perform powers or duties of any Fertilizer Analyst or Fertilizer Inspector.

5. Powers or duties of any Fertilizer Inspector may be exercised or performed by any Fertilizer Analyst.

6. Statutory statement in respect of certain articles.

7. Warranties.

8. Right of purchaser to have article sampled and analysed.

9. Marking of articles prepared for sale or consignment.

10. Sales in small quantities.

11. Failure to give, and mis-statements in, statutory statements.

12. Relief from liability under the code of intellectual Property Act in certain cases.

13. Preservation of registers and certain statutory statements and inspection of registers and statutory statements.

14. Power of entry and sampling.

15. Samples.

16. Tampering with samples.

17. Obstruction of inspectors.

18. Prohibition against disclosures.

19. Penalties for offences.

20. Sanction of chemist of the Department of Agriculture required for prosecution.

21. Liability of Directors and certain officers of a body corporate for offence under this Act committed by that body.

22. General provisions as to legal proceedings.

23. Evidence of certificates of analysis.

25. Advisory committee.

26. Repeal of Fertilizers Ordinance.

27. Interpretation.

SCHEDULES

21 of 1961,

9 of 1962,

30 of 1963.

AN ACT to regulate the sale of Fertilizers of the soil and to provide against the adulteration thereof and to repeal the Fertilizers Ordinance.

[Date of Commencement: 31st December, 1980]

1. Short title.

This Act may be cited as the Fertilizers Act.

2. The Chief Fertilizer Analyst.

The Chemist of the Department of Agriculture shall be the Chief Fertilizer Analyst for the purposes of this Act.

3. Deputy Chief Fertilizer Analysts, Fertilizer Analysts, Fertilizer Inspectors, and other staff.

For the purposes of this Act there may be appointed, by name or by office, the necessary number of—

(a) persons to be or to act as Deputy Chief Fertilizer Analysts;

(b) persons to be or to act as Fertilizer Analysts;

(c) persons to be or to act as Fertilizer Inspectors; and

(d) other officers and servants.

4. Chief Fertilizer Analyst may exercise or perform powers or duties of any Fertilizer Analyst or Fertilizer Inspector.

The powers or duties of any Fertilizer Analyst or any Fertilizer Inspector may be exercised or performed by the Chief Fertilizer Analyst.

5. Powers or duties of any Fertilizer Inspector may be exercised or performed by any Fertilizer Analyst.

The powers or duties of any Fertilizer Inspector may be exercised or performed by any Fertilizer Analyst.

6. Statutory statement in respect of certain articles

(1) Where any article specified in column I of the First Schedule to this Act is sold for use as a fertilizer of the soil, whatever may be the name under which the article is sold, the seller of such article shall give or cause to be given to the purchaser of such article, on or before delivery thereof or as soon as reasonably practicable thereafter, a statement in writing (hereafter in this Act referred to as a "statutory statement”) specifying—

(a) the name under which the article is sold; and

(b) such particulars of the nature, substance or quality of the article, and the amount of any ingredient of the article, as are in relation to the article mentioned in column II of that Schedule:

Provided that the preceding provisions of this subsection shall not apply—

(i) to the sale of two or more such articles which are mixed at the request of the purchaser before delivery to him; or

(ii) to the sale of any such article in any quantity not exceeding fifty-six pounds if the article sold is taken in the presence of the purchaser from a parcel marked in the prescribed manner with any registered mark or marks indicating the particulars required by the preceding provisions of this subsection to be specified in the statutory statement.

(2) The failure to give a statutory statement in accordance with the provisions of this section shall not invalidate a contract for sale.

7. Warranties.

(1) A statutory statement given by the seller of any article specified in column I of the First Schedule to this Act shall, notwithstanding any contract or notice to the contrary, have effect as a written warranty by the seller that the particulars contained in such statement are correct.

(2) Where any such article specified in column I of the First Schedule to this Act as is sold for use as a fertilizer of the soil is, in a statutory statement or other document provided or issued by or on behalf of the seller of the article, described by a name specified in column I of the Second Schedule to this Act, the sale of the article under that name shall have effect as a written warranty by the seller of the article that the article accords with the definition thereof contained in column II of that Second Schedule.

(3) Any statement as to the amount of chemical or other ingredients or as to the fineness of grinding of any such article specified in column I of the First Schedule to this Act as is sold for use as a fertilizer of the soil, which is made after the appointed date in any such document (other than a statutory statement) descriptive of the article as is provided or issued by or on behalf of the seller of the article, shall have effect as a warranty by the seller of the article that the facts stated in that document are correct.

(4) No action on any warranty referred to in the preceding provisions of this section shall lie for any mis-statement therein as to the particulars of the nature, substance or quality of the article in respect of which the warranty is given or as to the amount of any ingredient of such article where the mis-statement does not exceed the limits of variation (if any) prescribed in relation to such particulars or amounts, but where the mis-statement exceeds such limits, the rights of the purchaser of such article under the warranty shall not be affected by such limits.

8. Right of purchaser to have article sampled and analysed.

(1) The purchaser of—

(a) any article specified in column I of the First Schedule to this Act; or

(b) any other article sold for use as a fertilizer of the soil in respect of which a warranty, express or implied, has been given by the seller of such article,

may apply in writing to the Fertilizer Inspector of the area where such article is sold to such purchaser that a sample of such article be taken by such Inspector for analysis by a Fertilizer Analyst. Such application shall be so transmitted as to reach such Inspector at least three days before the delivery of such article to such purchaser, and shall be accompanied by the prescribed fee for such analysis and a copy of the statutory statement, or of the warranty, relating to such article.

(2) Where an application relating to an article specified in subsection (1) is transmitted to a Fertilizer Inspector in accordance with the provisions of that subsection, he shall take in the prescribed manner a sample of such article at the time of the delivery of such article to its purchaser at the place of sale or at the time of the despatch of such article by its seller to its purchaser.

9. Marking of articles prepared for sale or consignment

(1) Every parcel of any article specified in column I of the First Schedule to this Act when prepared for sale or consignment for use as a fertilizer of the soil shall, if exposed for sale, or, if not exposed for sale, before being removed from the premises where it is so prepared, be marked in the prescribed manner with any registered mark or marks indicating the particulars required by this Act to be contained in the statutory statement relating to such article:

Provided that the preceding provisions of this subsection shall not apply to a parcel of two or more such articles which are mixed at the request of the purchaser before delivery to him.

(2) The proprietor of the business of selling such parcels as are referred to in subsection (1) shall keep, in such form as may be prescribed, a register of marks specifying the particulars indicated by the several marks entered in the register.

(3) The marking of a parcel of any article specified in column I of the First Schedule to this Act with any mark or marks entered in a register kept under subsection (2) shall be treated as indicating that the particulars of such article are those entered in the register in relation to such mark or marks.

(4) On the sale of any parcel marked in the prescribed manner with any registered mark or marks, the seller shall add or cause to be added such mark or marks to the statutory statement.

(5) Where the statutory statement received by the seller on the sale to him of a parcel of any article specified in column I of the First Schedule to this Act contains any registered mark or marks, and the parcel has not been on his premises, he shall add or cause to be added such mark or marks to the statutory statement required to be given by him to a purchaser of such parcel.

(6) If any parcel required by subsection (1) to be marked as provided in that subsection is not so marked, or if any such parcel is so marked and from the analysis of a sample of the article in the parcel taken by a Fertilizer Inspector in the prescribed manner on the premises on which the parcel is exposed for sale or on any premises on which the parcel after having been so marked may happen to be before being delivered to a purchaser or carrying agent, it appears that the particulars indicated by the registered mark or marks with which the parcel is marked are false to the prejudice of the purchaser, or that such particulars do not include any particulars which are required by this Act to be specified in the statutory statement relating to the article in the parcel, the person selling or having in his possession or disposition for the purpose of sale or consigning the parcel or exposing it for sale shall be guilty of an offence unless he proves that he took all reasonable steps to prevent the commission of the offence and that he acted without intent to defraud.

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