The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-12-13

ent herewith are hereby repealed.
SEC. s. This act shall take effect on the
first day of January, A. D., 1889.
Approved November q, 1888.
No. 1O9-AN ACT TO REGULATE THE
SALE OF COMMERCIAL FER
TILIZERS.
II is hereby enacted by the General assembly of
the Stdteof Vermont:
SEC l. Every lot or parcel of commercial
fertilizers, or material used for manurial pur
poses, sold, offered or exposed for sale in the
state of Vermont, the retail price of which is
ten dollars or more per ton, shall be accom-
panied by plainly printed statement clearly
and truly certifying the number OF net pounds
of fertilizer in package, the name, brand or
trademark under which the fertilizer is sold,
the name and address of the manufacturer or
importer, the place Of manufacture and
chemical analysis stating the percentage OF
nitrogen or its equivalent in ammonia, of pot
ash soluble in distilled water, and of phos-
phOric acid in available form soluble in dis
titled water, and reverted as well as the total
phosphOric acid. In case of those fertilizers
which consist of other and cheaper materials,
said labels shall give correct general state
ment of the composition and ingredients it
| accompanies.
SEC. g. Before any commercial fertilizer,
the retail price OF which is ten dollars or more
per ton, is sold, offered or exposed for sale,
| the importer manufacturer or party who
causes 1t to be sold or offers it for sale within
the state of Vermont, shall file with the di-
rector of the Vermont Agricultural Expert
ment Station certified copy of the statement
named in section one OF this act, and shall
also deposit with said director, at his request,
a sealed jar, glass or bottle containing not
less than one pound Of the fertilizers, accom-
| panied by an affidavit that it 10 a fair aver
| age sample thereof.
Sec. g. The manufacturer, importer or
| agent Of any commercial fertilizer or material
used for manurial purposes the retail price
| of which is ten dollars or more per ton, SHALL
before the fertilizer is offered for sale, obtain
| a license from the state treasurer, counter
| signed by the director of the Vermont Agri-
cultural Experiment Station, authorizing the
| sale of the same in the state, and shall Sc
curely afX 10 each barrel, bag or other pack
age of fertilizer the word Licensed" with
| the number and date Of the license. The
! manufacturer or importer obtaining such
license shall pay to the state one hundred
| dollars for such license, and the license shall
expire on the thirty-irst day Of December of
the year for which it is issued. One license
| shall cover, all brands manufactured by any
one manufacturer, corporation or company.
SEC. 4. Manufacturers and importers of
commercial fertilizers sold or offered for sale,
the retail price of which is ten dollars or
more per ton, SHALL before such fertilizers
are sold, offered or exposed for sale, file with
| the state treasurer bond, with sureties re-
siding within the state satisfactory TO said
| treasurer in the sum Of one thousand dollars,
| payable to the state and conditioned for the
payment Of forfeitures and costs imposed on
such manufacturers and importers Tor ViO-
lating the provisions Of this act, and such
| bond shall be renewed from time to time, as
the state treasurer may require.
SEC. 8. The term commercial fertilizer"
as used in this act, shall he taken to mean
u,1a ,hafau
containing, or represented AS containing two
| or more ingredients mentioned in section one
of this act, but shall not apply to the sepa-
rate ingredients used TO manufacture the
same, or to bone-meal, land plaster, lime or
any substance the product of nature which
| has not been compounded
SEC. 9. No person shall sell, offer or ex-
pose for sale, in the state of Vermont, any
pulverzed leather, raw, steamed, roasted or
in any form, as fertilizer, or as an Ingredient
of any fertilizer or manure, without an ex-
| plicit printed certificate of the fact, said GER
tificate TO be conspcuously affixed to every
package of such fertilizer or manure, and to
accompany or TO go with every parcel or lot
| of the same
SEC. Z. Any person selling, offering or ex-
posing for sale, any commercial fertilizer,
without the statement required by section
one OF this act, or with label stating that
said fertilizer contains a larger percentage of
any one or more Of the constituents men
toned in said section than is contained
therein, or respecting the sale of which all OF
the provisions of the foregoing sections have
not been fully complied with, shall forfeit
fifty dollars for the first offence and one hun
| dred dollars for each subsequent offence.
This section shall not affect parties manu-
featuring, importing or purchasing fertilizers
for their own use and not for sale in this state.
SEC. g. All manufacturers and importers
| of commercial fertilizers, or Wholesale deal
ers in the same, SHALL not later than Febru-
airy first, furnish the director Of the Vermont
| Agricultural Experiment Station with a com
plete list of the brands and Of agents selling,
offering or exposing for sale, such fertilizers,
and on the first of each succeeding month till
May first such additional agents or dealers
as in the mean time have been appointed.
SEC. 9. The director shall cause one
| ANALYSIS or more OF each fertilizer OF material
used for manurial purposes TO be made an
nually and the result published monthly.
Said director Is hereby authorized, in person
OF by deputy, TO take a sample not exceeding
| two pounds in weight for analysis from any
lot or package Of fertilizer, or any material
| used for manurial purposes, which may be in
the possession Of any manufacturer, i'm
porter, agent OF dealer; but said sample shall
| be drawn in the presence OF said party or
parties in interest, or their representatives,
and shall be taken from parcel or number
of packages which shall not be less than
five of the whole lot inspected. and shall
be thoroughly mixed and then divided into
two equal samples and placed in glass YES
sells, carefully sealed, and label placed on
| each stating the name Of the brand of the fer
tilizer OF material sampled, the name Of the
party from whose stock the sample was
drawn and the time aud place Of drawing,
and said label shall be signed by the d.
rector or his deputy and by the parties or
party in interest or their representatives
| present at the drawing and sealing OF said
| samples one of said duplicate samples shall
be retained by the director and the other by
the party whose stock was sampled. The
director OF the Vermont agricultural expert
ment station shall notify the state treasurer
of all violations Of this act and the state
treasurer shall commence a suit, in the name
Of the state. on the bond required 20 be filed
by such manufacturer or importer and prose-
cute the same 20 final Judgment. IL shall be
/ the duty OF the treasurer upon ascertaining
any violations OF this act, 20 forthwith notify
the manufacturers and importers, in writing,
and give them not less than thirty days
thereafter, in which to comply with the re-
quirements OF this act. But there shall be
! no prosecution in relation 20 the quality Of
the fertilizer OF fertilizing material, II the
| same shall be found to be substantially
| equivalent TO the statement Of analysis made
BY the manufacturers or importers.
SIC 10. The term importer for all the
purposes Of this act, shall be taken TO mean
| all who procure or sell fertilizers made in
| In other states.
SEC. IL. Number one hundred and nine
/ teen OF the acts Of 1882, and number eighty
nine Of the acts OF 1884 are hereby repealed.
SEC. ~. This act shall take effect Jannary
/ first, 1889.