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CIRC'IJLAR No. 19, } Tnmo SEmEs.

AN ACT

GOVEHNING TllE

INSPECTION OF FERTILIZERS
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APPROVED OcToBER 19, 189 I , GENE.~ L LIBRARY
UNIVEA~.TY OF GEORGIA
.1'-iJORt.. FuR(,HASE, 1936
WITH l' OU~lS PRE SCRIBED BY

R. T . NESBITT, CoMMI SSIONER oF AGRICULTURE.

New Law Governing the Inspection of
Fertilizers and Fertilizer Materials.
On the 19th of October, 1891, an Act, the fnll text of which is here given, was approved by the governor. In many respects it changes the method of inspecting fertilizer material-, and in these change the Commissioner trusts that all manufacturers and dealers, or their agents, will willingly acquiesce, as the Department will require, and will see that the law and the regulations established by the Commissioner are carrierl out. The assent and co-operation of manufacturers and dealers, or tlleir agents, will obviously render their dealings with the Department more pleasant, and at the same time will better enable the Commissioner to give an efficient service, and will aid him mote readily to detect any spurious article that is sought to be imposed upon the people of the State; and in protecting the farmers at the same time to protect the honest manufacturer and dealer.
A ACT
To amend and consolidate the laws governing the in pection, analysis and sale of commercial fertilizers, chemicals and cotton seed meal in the State of Georgia; and to repeal all other laws and parts of laws in conflict therewith, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of
Georgia. That all manufactorers of, or rlealers in, commercial fertilizers, or chemicals, or cotton seed meal, to be used in manufacturing the same, who may desire to sell or offer for sale in the State of Georgia, such fertilizers, chemicals or cotton seed meal, shall first file with the Commissioner of Agriculture of the State of Georgia, the name of each brand of . ertilizers or chemicals he 01 they may desire to sell in said State, either by themselves or their agents, together with the name of the manufacturer, the place where manufactured and also the guaranteed analysis thereof, and if the same fertilizer is sold under different names, said facts shall be so stated, and the different brands that are identical shall be named.
SEc. 2. Be it further enacted, That all fertilizers or chemicals, for manufacturing the same, and all cotton seed meal offered for sale or distri-

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bution in this State shall have branded upon, or attached to each bag, barrel or package, the guaranteed analysis thereof, showing tile percentage of valuable elements OL ingredients such fertilizers or chemicals contain, embracing the following derterminations:
Moisture at 212 deg. Fah.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .per cent. Insoluble Phosphoric Acirl . .. ..... . ....... .......... ........... per cent. Available Phosphoric .Acid ..................................... per cent. .Ammonia, .Actual and Potential .. ...... . ....................... per cent. Pota h (K2 0) ...... .. ........ . .............................. . . per cent.
The analysis so placed upon, or attached to, any fertilizer or chemical shall be a guarantee by the manufacturer, agent or person offering the same for sale that it contains substantially the ingred ients indicated thereby, in the percentages named therein, and said guarantee shall be binding on said manufacturer, agent or dealer, and may be pleaded in any action or suit at law to show total or partial failure of consideration in the contract for the sale of said fertilizer, chemical or cotton seed meal.
SEC. 3. Be it further enacted, That it shall be the duty of the ommissioner of .Agriculture to forbid the sale of either of the following: .Any acid pho phate which contains less t h an ten percentum of available phosphoric acid; any acid phosphate with potash, which contains a sum total of Jes than ten per centum of available phosphoric acid and pol..c'\sh, when the per cents of the two are added together, any acid phosphate with ammon ia, which contains a urn total of less than ten per centum of available phosphoric acid and ammonia, when per cents of the two arc added together; any acid phosphate with ammonia and potash, which contains a sum total of less than ten per centum of available phosphoricacid, ammonia and potash, when the per cents of the three arc added together; that no brands shall be sold as ammoniated superphosphates unless aid brands contain 2 per cent. or more of ammonia. .And also to forbid the sale of all cotton eed meal which is shown by official analysis to contain less than 71 ~ per centum of ammonia. 'othing in this .Act ball be construed to nulify any of the requirements of an .Act entitled an Act to require the inspection and analysis of cotton seed meal.
SEc. 4. Be it further enacted, That all persons or firms, who may desire or intend to sell fertilizers, chemicals or cotton seed meal, in this tate, shall forward to the Commissioner of .Agriculture a printed or plainly written request for the tags therefor, stating the name of the brand, the name of the manufacturer, the place where manufactured, the number of tons of each brand, and the number of tags required, and the person or persons to wltom the same i consigned, the guaranteed analysis, also the number of pounds cont.1.ined in each bag, barrel or package in which said fertilizer, chemical Ol' cotton seed meal is put up. .And shall at the time of said request for tags forward directly to the Commissioner of Agricultnre the sum of ten cents per ton as an inspection fee; whereupon it shall

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be the duty of the Commissioner of Agriculture to issue tags to parties so applying, who shall attach a tag to each bag, barrel or package thereof, which, when so attached to said bag, barrel or package, shall be prima facie evidence that the seller bas complied with the requirements of this Act. Any tags left in the po session of the manufactnrer or dealers at the end of the season, shall not be used for another season, nor shall they be redeemable by the Department of Agriculture.
SEc. 5. Be it further enacted, That it shall not be lawful for any person, firm or corporation, either by them elves or their agents, to sell or offer for sale in this State, any fertilizers, chemicals or cotton seed meal without first regi~tering the arne with the Commissioner of Ag~iculture, as required by this Act, and the fact that the purchaser waives the inspection and analysis thereof, shall be no protection to said party so selling or offering the same for sale.
SEc. G. Be it further enacted, That the Commissioner of Agriculture hall appoint twelve inspector of fertilizers, or so many inspectors as in said Commissioner's judgment may be necessary who shall hold their offices for such terms as said Commissioner of Agriculture shall in his judgment think best for carrying out the provisions of this Act. Tbc greatest compensation that any one inspector of fertilizers shall receive shall be at the rate of one hundred dollars per month, and his actual expenses, while in the discharge of his duty as such inspector. It hall be their duty to inspect all fertilizers, chemicals or cotton seen meal that may be found at any point within the limits of this Sta.te, and go to any point when so directed by the Commissioner of Agriculture, and shall see that all fertilizers, chemicals or cotton seed meal are properly tagged.
SEc. 7. Be it further enacted, That each inspector of fertilizers shall be provided with bottles in which to place the samples of fertilizers, chetnicals or cotton seed meal drawn by him, and shall be provided with leaden tags, numbered in duplicate from one upward . and it shall be the duty of each in. pector of fertilizers to draw a sample of all fertilizers, chemicals and cotton seed meal that he may be requested to inspect, or that he may find uninspected, and be shall fill two sample bottles with each brand and place one leaden tag of same number in each sample bottle, and shall plainly write on a label on said bottles the number corresponding to the number on said leaden tags in said bottles and s11all al o write on the label on onP. of said boitles the name of the fertilizer, chemical or cotton seed meal in pected, the name of the manufacturer, the place where manufactured, the place where inspected . the date of inspection, and the name of inspector, and shall send or cause to be sent to the Commissioner of Agriculture the samples so drawn by him, anuexed to a full report of said insrecti~n, written on the form prescribed by said Commi ioncr of Agriculture, which report must be numbered to corre pond -with the number on said sample bottles, and number on the leaden tags placed therein; and it shall also be the dnty of said inspectors of fertilizers to keep a complete

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record of all inspections made by them, on forms prescribed by said <..:ommissioner of Agriculture. Before entering upon the discharge of their duties they shall take and subscribe, before some officer authorized to adm inister the same, an oath, faithfully to discharge all the duties which may be required of them in pursuance of this Act.
SEc. 8. Be it further enacted, That the Commissioner of Agriculture shall have the authority to est~Lblish such rules and regulations in regarrl to the inspection, analysis and ale of fertilizer , chemicals and cotton seed meal, not inconsistent with the provisions of this Act, a in his judgment will best carry out the requirements thereof.
SEc. 9. Be it further enacted, That it shall be tl1e duty of the Commissioner of Agriculture to keep a correct account of all money received from the inspection of fertilizers, and to pay the same into the Trea ury, after paying out the said sum of expenses and salaries of the inspectors and for the tags and bottles used in making such inspections.
EC. 10. Be it further enacted, That all contracts for the sale of fertilizer or chemical in the State of Georgia, made in any other manner than as required by this Act, shall be absolutely void; Provided, That nothing in this Act shall be construed to restrict or void sales of acid pl1osplmtes, kainit or other fertilizer material in bulk to each other by importers, manufacturers or manipulators who mix fertilizer materials for sale, or as preventing the free and unrestricted shipment of these articles in bulk to manufacturers or manipulators who mix fertilizer material for ale.
SEc. 11. Be it further enacted, That any person selling or offering for sale any fertilizers or chemicals, without having first complied with the provisions of this Act, shall be guilty of a misdemeanor, and on conviction thereof shall be punished a. prescribed in section 4310 of the Code of Georgia.
SEc. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
1. With the provisions of the above law the Commissioner requests that all manufacturers and dealers in commercial fertilizers , chemicals and other fertilizer material immediately comply.
While the law itself is sufficiently explicit to be thoroughly understood, to facilitate its operation , the following forms for registration prescribed:
REQUEST FOR REGISTRATIO .
To R. T. NEsmTT, Commissioner of Agriculture, Atlanta, Ga:
You are hereby requested to register for sale and distribution in the State of Georgia .... . ............... manufactured by . . . .. . . . .. ...... . .. . at ... .. . .. .... . ...... . ... ... ..... .... .

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THE FOLLOWI GIS THE GUARA TEED A ALYSIS OF THE BRAND Moi~ture at 212 Fah ....................................... . .... per cent. Insoluble Phosphoric Acid .............. . ..................... per cent. Available Phosphoric Acid .... . ............................... .per cent. Ammonia-Actual and Potential .. .. . . . . . . . . . . . . . . . . .......... per cent. Potash .(K2. 0 J . . . . . . . . . . . . . ........................ per cent.
The Ammonia is in the form of ..... . ... . ......... . ... . ..... . ........ . The .....: .......... . ...... ....... .. isputup in ...... .. . .......... of
......... ... ............ . .. .lbs. each ...................... . ........... . It is identical with ............ . ....... . ... . ........... . ..... . .. . ....... .
In considemtion of being allowed to sell and distribute the above brand before the official analysi thereof is made .............. . . . agree and bind . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to cancel all sales thereof and forfeit all claims for purchase money therefor, if after the official analysis is made, the Commissioner of Agriculture shall prohibit its sale in accordance with law.

2. Under section 4, relating to requests for tags, in order that no delay may occur in shipments, the manufacturer or dealer need not notify the Department at the time of the request for tags of the name of the purchaser or consignee, but must notify the Commissioner in writing of every sale or consignment, on the day in which the ame is made. This notice must distinctly tate the brand of the fertilizer, or the name of the chemical or fertilizer material, and the number of tons, together with the name uf the purchaser or consignee and their place of residence. It must request inspection and contain an agreement to cancel all sales thereof, in the event the Uommissioner hall prohibit its sale in accordance with law. The following form may be used, substantial compliance with the above rules being regarded as sufficient:

NOTICE OF SALE AXD CON IGNlllENTS A D REQUEST FOR I SPECTIO .

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To R. T. NE BITT,Commi sioner of Agriculture, Atlanta, Ga.: You are hereby notified that ................ have this clay made the fol-

lowing sales and consignments, and reque t that the same be inspected:

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In consideration of being allowed to sell and 'distribute the above before the official analy is thereof is made .. . . .. . . ... . .... agree and bind ....... . . . . . . .......... to cancel all sales thereof and forfeit all claims for pur-

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chase money therefor, if after the official analysis is made, ~be Commissioner of Agriculture shall pro!Jibit the sale in accordance wi;l;h law.
Manufacturers and dealers, by this rule, ate not required to delay hipmont in order that the inspection may be made, but are requh-ed to see that their goods are properly tagged, the inspection being made while the fertilizer or fertilizer material is in the hands of tli(.l purchaser or consignee.
3. All orders for tags must be sent direct 'to the Departr11e.nt, and the request must be accompanied with the fees for inspection, at the rate of ten cents per ton for the fertilizer or fertilizer material on which they are to be used.
Manufacturers and dealers, or their agents, may request tags in such quantities as they see fit, but each request must state distinctly the brand or brands on which they are to be used, with the number of tons of the l.Jrand or of each of said brands.
It is not necessary that the fertilizer or fertilizer mate'rial be actually on hand at the time the request is made, but manufacturers or dealers can . order such a number of tags as they may need during the season, bearing in mind that no tags carried over will be redeemed by the Departrne.rit.
In the event that more tags arc ordered for any brand than. it is ascertained ean be used on the sales and consignments of that l.Jrand, by proper notice. with the consent of t e Commissione1, the tags can be used on another brand put up in packages or sacksof the same weight and sold or consigned the same season.
4. If a fertilizer be offered for registration inspection, or sale, lJranded as either of the following:
"Ammoniated Superphosphate," "Ammoniated Dissolved Bone," "Ammouhtted Guano,"
~'Guano,''
"Fertilizer," or other words implying that tiJe same is an ammoniated superphosphate, the gua.ranteed analysis must claim that it contains not less than 2 per cent. of ammonia (actual and potential).
5. ThaL part of section 3 excepting from the operations of the Act: "An Act to require the inspection and analysis of cotton seed "meal" leaves the inspection of that article under Lhe Calvin bill, which requires that all cotton seed meal, for whatever purpose to be used, be inspected. It'is, therefore, becessary, and is required, that a request for inspection be sent to the Commissioner, and that the inspection be made in the hands of the mantlfacturcr, dealer or their agent, or if shipped in the State, at some convenient point, before the meal is sold or distributed. In all cases fees 'will be sent direct to the Commissioner. who will immediately ol"der the nearesb inspector ~o make the inspection.

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