The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-14

per cent available phosphoric acid. and 1
per cent of potash, or a grade or analysis
OF equal total commercial value; that the
word standard" shall not appear upon
any bag or other package of any acid
phosphate with potash which shall con-
tain, by its guaranteed analysis. less than
Il per cent available phosphorie acid
and l per cent potash, or a grade or
analysis of equal per cent available
phosphorie acid, and per cent potash. or
grade or analysis of equal total com
mercial value; that the words 'high
grade shall not appear upon any bag or
or other package OF any plain acid phos-
phate which shall contain, by It's guar
anteed analysis less than IA per cent
available phosphoric acid; and lastly
that the word standard" shall not ap-
pear upon any bag or other package OF
plain acid phosphate which shall con-
tain, by its guaranteed analysis, less than
x per cent available phosphoric acid.
1t is hereby provided that no complete
fertilizer acid phosphate with-potash.
acid phosphate with nitrogen OF plain
acid phosphate, shall be offered for sale
In this State which contains less than II
per cent of total plant food, namely:
Available phosphoric acid. nitrogen when
calculated as ammonia, and potash. either
singly or In combination; Provided, that
In mixed fertilizers there shall not be
claimed less than l per cent of potash
and 0.S2 per cent of nitrogen when one
or both are present in the same mixture.
Sec. 7. All manufacturers and manpu-
lators, or agents representing them, who
have registered their brands in compile
ance with Section l of this act, shall file
with the Commissioner Of Agriculture
and Industries a request for tax tags. ac-
a.. Il.
stating that said tags are to be used
upon brands of fertilizers and fertilizer
materials registered in accordance with
this act, whereupon 1t shall be the duty
of the Commissioner of Agriculture and
Industries to issue tags to parties apply
Ing, who shall attach a tag to each bag,
barrel, or package thereof Any tags left
in the possession of the manufacturer
shall not be used for another season,
but shall be redeemed with new tags
within sixty days after the close OF the
departments fiscal year. which fiscal
year shall be comprised between the
dates Of October l and September 30. in
elusive; provided, no such tags shall be
redeemed unless returned to the Commits
sioncr of Agriculture and Industries in
unbroken and original sealed packages.
The color of said tags must be changed
each fiscal year, and there shall not be
printed upoH saiu Tugs any praiio' NaiHe'
y
Sec. s. 1t shall not be lawful for any
manufacturer or company, either by
themselves or their agents. to sell or of
fer for sale in this State, any fertilizers
or fertilizer materials that have not been
registered with the Commissioner of Ag-
riculture and Industries as required by
TINS act. ne laet 'nat the purchaser
waves 'he tagging anu Analysis ehereoA
shail De no pro'ecuoh 10 salo party sell
ing or oHerlhE the same Tor SAFE IN
contracts Tor the sale OF fertilizers In
Whleh an excessive or nctitlous price Is
put upon such ier.llizers with the suppl
iatioh that II such lertihzers are pala
Tor on or pelofe certain date they may
De paid Tor IN smaller sum than such
excessive or netltous price, or IN cotton
OF other produce az an excessive OF nc
utlous price, the ultterence between the
excessive or fictitious price charged for
the fertllizers and their real market valuo
shal De held penalty; ana In all suits
10 ENFORCE such contracts, only the real
market value OF such fertilizers with
lhe interest tnereon, snail be recover
apie. farol evidence is competent TO
snow such market price, the situation of
the parues' and the consideration of such
contracts as in cases of usury, notwith-
staholng any writing IN the premises
Sec 0. The guaranteed analysis OF eacn
any every brand of fertilizer and ferti-
izer material, mast without exception
remain uniform throughout the fiscal year
for which it is registered and in no case
even at subsequent registrations, shall
the grade be lowered, although the por-
ton of available constituents may be
compensated for In value by the increa Sc
changed so that the decrease of
one Constituent may be of the
other or others. Such proposed
change must first receive the approval
'of the Commissioner of Agriculture and
Industries. brand name and or, trade
mark. registered by one manufacturer,
shall not be entitled to registration by
another. and the manufactures having
first registered and used the said brand
name and. or, trade mark shall be en-
titled to ii. even should said brand name
| and or, trade mark. not be offered for
current registration at the time. Moth
ing in this section shall be construed as
debarring the right of any manufacturer
to establish his ownership In. and prior
right Of registration of, any brand name
and or, trade mark, whether said brand
name and. or. trade mark had been pre-
viously registered or not.
Sec. TO- No person, company dealer. or
agent, shall sell, expose. or offer for sale,
In this State any pulverized leather, raw.
steamed. roasted. or in any other form,
either as a fertilizer or fertilizer MAJ
terial. without first having made full and
explicit statement of the fact and regis
tration with the Commissioner of Agri-
culture and Industries, and furnishing
satisfactory proof that the nitrogen is