The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07

any commercial feeds, shall pay to
the State Treasurer fee of TWEEN
ty-five cents for each and every ton
offered for sale in the State; pro-
vided. that when the manufacturer
or importer shall have paid the fees
herein required for any person acting
as agent or seller for any manu-
facturer or importer, such agent or
seller shall not be required to pay
the fee named in this Section; and
any manufacturer, importer or deal
er. who shall fail to pay the inspec-
ton fee provided for in this Section,
shall be guilty of a misdemeanor.
and upon conviction thereof. shall be
fined as provided in Section 10 of
this Act 1t shall be the duty of
every person. before selling any CON-
mercial feeds in this State, to at
tach or cause to be attached to each
bag. Darrell or package thereof. one
OF the tags or stamps hereinbefore
described. which shall designate the
brand name. the net weight. and
the guaranteed analysis of the COM
mercial feed in the bag. barrel or
package; this tag or stamp to show
evidence of the registration of the
feed and the payment of the in
spection feed required by this Act
ANY person who shall sell any pack
age of commercial feed which has
.AON ANCA tSAr7HC0 III StctiliRGu- DIS
in provided. or upon which a stop
sale notice has been attached. shall
be deemed guilty of a miSdemeanor
and upon conviction thereof shall be
fined as provided in Section 16 of
this Act. 1t shall be the duty of
the attorney General and the sew
eral State Attorneys, when request
ted by the Commissioner of Agricul-
ture. to enjoin any person, firm or
corporation. resident or nonresident.
from manufacturing, transporting or
selling or soliciting orders for the
sale of commercial feed in this State,
without complying with the provis-
ions of this Act. without bond or
advanced costs. Any person who
shall counterfeit or use counter
felt of a tag or stamp required in
this Act or who shall use such tag
or stamp a second time after the
said tag or stamp shall have been
attached once. shall be guilty of a
mlsdemeanor. and upon conviction
thereof. shall be fined as provided
in Section 16 of this Act.
Sec. 6. 1t shall be the duty of
the State Chemist TO analyze sam
piles of commercial feeds drawn by
duly authorized Inspectors of the
state Department of Agriculture un-
der the direction of the Commits
sioner of Agriculture, from any
brand of commercial feed offered for
sale in this State, which NAV be in
the possession of any manufacturer.
dealer or person using or Offering
the same for sale; samples not to
exceed one pound each in weight.
In case any manufacturer shall re-
quest another analysis, then the
sample at the request of any manu-
facturer. shall be sent to any chem
list whom the Commissioner of Ag-
rlculture. state Chemist and manu-
tacturer shall agree upon.
Sec. T.. 1t shall be the duty of the
Commissioner of Agriculture to fur
nish the manufacturers. dealers or
importers of commercial feeds with
stamps or tags to be attached to
each package of commercial feed
sold or used in this State. Such
stamps or tags shall be printed in
such form as may be prescribed by
the commissioned of Agriculture and
shall be furnished at cost plus in
spection fee when required under
this Act
Sec. 8. Each manufacturer of or
dealer in commercial feeds. shall
forward the money for commercial
feed stamps or tags with his letter
OF request. to the Commissioner of
transmit said money to the State
treasurer. who shall place such
funds to the credit of the general
inspection fund. Said letter of re-
quest shall contain the statement
OF tons of commercial feed for
which stamps are requested, and the
number of packages contained in
each ton.
Sec. 8. Any person purchasing anv
commercial feed from any manufac-
turer or vendor in this State for his
own use. such person being a citi-
zen of this State, may submit fair
samples of the said commercial feed
to Commissioner of Agriculture for
ANALYSIS by the State Chemist. But
in order to protect the manufacturer
or vendor from the submission of
spurious samples for analysis. the
person selecting the same shall do
so IN the presence of two or more
dlsinterested persons, which sample
shall be taken from one or more
packages. placed in a bottle or can,
along with a tag from one of the
bags sampled. and sealed in the
presence of said witnesses. and this
sample package, bottle or can, placed
in the hands of a disinterested per-
son. who shall forward the same. at
the expense of the purchaser. to the
Commissioner of Agriculture. and
upon the receipt by him of such sam
pie. the Commissioner of AgricuI-
ture is hereby authorized to require
the State Chemist to analyze the
same. and he shall return to such
purchaser. Or purchasers. a certif-
lcate or certificates of ANALYSIS.
The certificate shall in all cases set
forth the component parts of said
commercial feed. with their respec-
tive quantities. dates of ANALYSIS.
and the name or names of the per
son or persons submitting the sam
pies. and to be signed by the State
chemist. who is hereby required To
Keep an accurate account of the
same. and the said certificate or
record. when verified by the affidavit
OF the State Chemist. shall be COM
petent evidence in any court of law
OF equity in this State.
Sec. 10. Any person purchasing
any commercial feed from any man.
ufacturer or vendor who shall dis
cover that he has been defrauded
BY reason of adulteratnn. or de-
hciency Of constituent elements.
either IN quality or quantity. in the
commercial feed so purchased. or
who shall have purchased moldy or
damaged feeds, or feeds mixed or
adulterated with any substance or
substances Injurious to the health
OF live stock. domestic animals or
poultry. shall recover in any action
ne may institute. upon proof of the
laSe' Twice the amount paid 10 or de-
manded BY the manufacturer or
vendor of the commercial feed so
purchased. But in all cases where
the vendor is an agent of the manu-
facturer. or sub-agent of such agent.
the judgment of the court shall be
rendered against the manufactures.
In case any purchase be made by
any manufacturer. or agent of any
person or persons residing out of the
State of Florida. manufacturing,
compounding or furnishing for sale.