The Georgia fertilizer laws including the last fertilizer law approved August 22, 1911. No. 398

DEPARTMENT OF AGRICULTURE
Atlanta, Ga., August 30, 1911.
THE GEORGIA FERTILIZER LAWS
Including
The Last Fertilizer Law Approved August 22, 1911.
No. 398.
An Act to regulate the registration, sale, inspection and analysil'> of commercial fertilizers, acid phosphates,. fertilizer materials and chemicals, in the State of Georgia, and to consolidate all laws relating to said sales, in'lpection and analysis, and to repeal all other laws or parts of laws in conflict therewith.
SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That all manufacturers, jobbers and manipulators of commercial fertilizers, and fertilizer materials to be used in the manufacture of the same, who may desire to sell or offer for sale in the State of Georgia such fertilizers and fertilizer materials, shall first file with the Commissioner of Agriculture of the State of Georgia, upon forms furnished by said Commissioner of Agriculture, the name of each brand of fertilizers, acid phosphates, fertilizer materials, or chemicals, which they may desire to sell in said State, either by themselves or their agents, together with the name and address of the manufactur~r or manipulator, and also the guaranteed analysis thereof, stating the sources from which the phosphoric acid, nitrogen and potash are derived; and if the same fertilizer is sold under a different name or names, said fact shall be so stated, and the different brands which are indentical shall be named .
SEc. 2. All persons, companies, manufacturers, dealers or agents, before selling or offering for sale in this State any commercial fertili-
zer mat~rial, shall brand or attach to each bag, barrel or package,
the brand-name of the fertilizer, the weight of the package, the name and address of the manufacturer, and the guaranteed analysis of

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the fertilizer, giving the valuable constituents of the fertilizer in minimum percentages only. These items only shall be branded or printed on the sacks in the following order:
1. Weight of each package in pounds. 2. Brand name, or, trade-mark. 3. Guaranteed analysis. 4. Available phosphoric acid, per cent. 5. Nitrogen, per cent. 6. Potash; per cent. 7. Narne and address of manufacturer.
In bone meal, tankage or other products, where the phosphoric acid is not available to laboratory methods but becomes available on the decomposition of the product in the soil, the phosphoric acid shall be claimed as total phosphoric acid unless it be desired to claim available phosphoric acid also, in which latter case the guarantee must take the form above set forth. In the case of bone meal and tankage, manufacturers may brand on the bags information showing the fineness of the product, provided it takes a form approved by the Commissioner of Agriculture.
SEc. 3. If any commercial fertilizer or fertilizer material offered for sale in this State shall, upon official analysis, prove deficient in any of its ingredients as guaranteed and branded upon the sacks or packages, and if by reason of such deficiency the commercial value thereof shall fall three per cent. below the guaranteed total commercial value of such fertilizer or fertilizer material, then any note or obligation given in payment thereof shall be collectable by law only for the amount of actual total commercial value as ascertained by said official analysiR, and any person or corporation selling the same shall be liable to the consumer, by reason of such deficiency for such damages, if any, as may be proven, and obtained by him on trial before a jury in any court of competent jurisdiction in this State.
SEc. 4. Be it further enacted, That the words "high grade" shall not appear upon any bag or other package of any complete fertilizer, which complete fertilizer contains, by its guaranteed analysis less than ten per cent. available phosphoric acid, 1.65 per cent. nitrogen (equivalent to 2 per cent. of ammonia), and two per cent. of potash, or a grade or analysis of equal total commercial value; that the word

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"standard" shall not appear upon any bag or other package of any complete fertilizer which contains, by its guaranteed analysis, less than 8 per cent. available phosphoric acid, 1.65 per cent. nitrogen (equivalent to 2 per cent. ammonia) and two per cent. potash, or a grade or analysis of equal total commercial value; that thewords"high grade" shall not appear upon any bag or other package of any acid phosphate with potash which shall contain by its guaranteed analysis less than 13 per cent. available phosphoric acid, and 1 per cent. 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 contain, by its guaranteed analysis, less than 11 per cent. available phosphoric acid and 1 per cent potash, or a grade or analysis of equal total commercial value; that the words "high grade" shall not appear upon any bag or other package of any plain acid phosphate which shall contain, by its guaranteed analysis, less than 14 per cent. available phosphoric acid; and, lastly, that the word "standard" shall not appear upon any bag or other package of plain acid phosphate which shall contain by its guaranteed analysis less than 12 per cent. available phosphoric acid. It is hereby provided that no complete fertilizer, acid phosphate with potash, acid phosphate with nitrogen, or plain acid phosphate, shall be offered for sale in this State which contains less than 12 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 1 per cent. potash and 0.82 per cent. nitrogen, when one or both are present in the same mixture.
It is further hereby provided, That no commercial fertilizers or fertilizer material shall be offered for sale in this State which contains such an amount of water as to render the handling or manipulation of such fertilizers or fertilizer material difficult, or to cause the clogging of fertilizer distributors by reason of its bad chemical condition. Such wet or bad mechanical condition of any fertilizer shall be carefully observed by all fertilizer inspectors at the time of drawing their samples, and be reported along with the sample to the Commissioner of Agriculture, who, if he (or, in his absence, the State Chemist) confirms the opinion of the inspector, shall forbid the sale of that lot so inspected.

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SEc. 5. Be it further enacted, That all manufacturers and manipulators, or agents representing them, who have registered their brands in compliance with section 1 of this Act, shall forward to the Commissioner of Agriculture a request for tax tags, stating that said tax tags are to be used upon brands of fertilizers and fertilizer materials registered in accordance with this Act, and said request shall be accompanied with the sum of 10 cents per ton as an inspection fee, whereupon it shall be the duty of the Commissioner of Agriculture to issue tags to parties applying, who shall attach a tag to each bag, barrel or package thereof, which when attached to said package, shall be PRIMA FACIE evidence that the seller has complied with the requirements of this Act. Any tago left in the possession of the manufacturer shall not be used for another season, and shall not be redeemed by the Department of Agriculture.
SEc. 6. Be it further enacted, That it shall not be lawful for any manufacturer or company, either by themselves or their agents, to offer for sale in this State any fertilizer or fertilizer material that b.a.s not been registered with the Commissioner of Agriculture as required .by this Act. The fact that the purchaser waives the inspection and analysis thereof shall be no protection to said party selling or offering the same for sale.
SEc. 7. The guaranteed analysis of each and every brand of fertilizer or fertilizer material must, without exception, remain uniform throughout the fiscal year for which it is registered, and in no case, even at subsequent registration, shall the grade be lowered, although the proportion of the available constituents may be changed so that the decrease of one constituent may be compensated for in value by the inCiease of the other or others. Such proposed change must first receive the approval of the Commissioner of Agriculture. A brand name and, or, trade-mark registered by one manufacturer shall not be entitled to registration by anothm ; and the manufacturer having first registered and used the said brand name and, or, trade-mark, shall be entitled to it even should said brand name and, or, trade-mark not be offered for current registration at the time. Nothing in this Section shall he 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-ma~k, whether said brand name, and, <n, trademark, had been previously registered or not.

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SEc. 8. No person, company, dealer or agents shall sell, expose or offer for sale in this State any pulv~rized leather, raw, steamed, roasted, or in any other form, either as a fertilizer or fertilizer material, or as a constituent of fertilizer, without making full and explicit statement of the fact in registration with the Commissioner of Agriculture, and furnishing satisfactory proof that the nitrogen is sufficiently available and valuable for the purpose for which sold.
SEc. 9. Be it further enacted, That the Commis&ioner of Agriculture shall appoint twelve inspectors of fertilizers or so many inspectors as, in said Commissioner's judgment, may be necessary, who shall hold their office for such time as said Commissioner shall in his judgment think best for carrying out the provisions of this Act. T'he greatest compensation that any inspector of fertilizer shall receive shall be at the rate of eighty-three and one-third dollars per month and his actual expenses while in the discharge of his duty as such inspector. It shall be their duty to inspect all fertilizers, acid, phosphates; chemicals, cottonseed meal or other fertilizing material that may be found at any point within the limits of the State, and go to any point, when so directed by the Commissioner of Agriculture, and shall see that all fertilizers and fertilizer materials are properly tagged.
SEc. 10. Be it further enacted, That each of the inspectors of fertilizers shall be provided with bottles of not less than eight (8) ounce capacity in which to place samples of fertilizers and fertilizer materials drawn by him, and it shall be the duty of each insp~ctor of fertilizers to draw, with such an instrument as shall secure a core from the entire length of the package, such samples of fertilizers and fertilizer materials as he may be directed by the Commissioner of Agriculture to inspect, or that he may find uninspected; a,nd in the performance of his duty he shall carefully draw samples as follows: In lots of ten packages or less, from every package; in lots of ten to a hundred packages, from not less than ten packages; in lots of one hundred packages and over, from not less than ten per cent. of the entire number, and, after thoroughly mixing the samples so drawn, he shall, by the method known as "quartering" draw from such thoroughly mixed sample two sub-samples, and with them fill t;wo sample bottles, 'and shall plainly write on a label on said bottles th~ number of said samples, and shall also write on the label on one only

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of said bottles the name of the fertilizer, acid phosphate, or other fertilizer material, also the name of the manufacturers; he shall then seal both of said bottles, and shall forward to the Commissioner of Agriculture the said samples so drawn by him, stating the number of sacks from which the sample was drawn, and a full report of the inspection written on a form prescribed by the Commissioner of Agriculture, which report must be numbered to agree with the number of the bottle; and in said report shall be given the name of the fertilizer or fertilizer material, the name of the manufacturer, the guaranteed analysis, the place where inspected, the date of inspection, and name of inspector; and it shall be the duty of said inspectors to keep a complete record of all inspections made by them on forms prescribed by the Commi.,sioner of Agriculture. Befm:e entering upon the discharge of their duties shall also take and subscribe, before some officer authorized to admini~>ter the same, an oath to faithfully discharge all duties which may be required of them in pursuance of this Act.
SEc. 11. Be it further enacted, That a sample of all fertilizers or fertilizer material, drawn by the official inspectors and filed with the Commissioner of Agriculture, shall be marked by number and delivered by said Commissioner of Agriculture to State Chemist, who will make a complete analysis of same, and certify, under same number as marked, said analysis to said Commissioner of Agriculture, which analysis shall be recorded as official and entered opposite the brand of fertilizers or fertilizer material which the mark and number represent; and the said official anaylsis of such fertilizer or fertilizer material, under the seal of the Commissioner of Agriculture, shall be admissible as evidence in any of the courts of this State on the trial of any issue involving the merits of such fet:tilizer or fertilizer material.
SEc. 12. Be it further enacted, That the Commissioner of Agriculture shall ha.ve authority to establish such rules and regulations, in regard to the inspection, analysis and sale of fertilizers and fertilizer material, as shall not be inconsistent with the provisions of this Act, and as in his judgment will best carry out the requirments thereof.

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SEc. 13. Be it further enacted, That nothing in this Act shall be construed to restrict or avoid sales of acid phosphate or any other fertilizer material to each other by importers, manufacturers, or manipulators, who mix fertilizer materials for sale, or as preventing the free and unrestricted shipments of material to manufacturers or manipulators who have registered their brands as required by the provisions of this Act.
SEc. 14. Be it further enacted, That any person selling or offering for sale any fertilizer or fertilizer material without having first cornplied with the provisions of this Act, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished as prescribed in 1039 of the Criminal Code of Georgia; provided this Act shall not go into effect until after the first day of August, 1902.
SEc. 15. Be it further enacted, That there shall be nothing in_ this Act which shall be construed to nullify any of the requirements. of an Act fixing the methods of determining the value of commercial fertilizers by the purchasers, and incorporated in the provisions of th<t herein amended Ellington, bill which is as follows:
An Act to regulate the sale of fertilizers in this State, to fix a method for determining the value of the same, and for other purposes.
SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be lawful for any purchaser of fertilizers from any owner thereof, or agent of sue~ owner, to require of the person selling, and at the time of sale or delivery, to take from each lot of each brand sold a sample of its contents.
SEc. 2. Be it further enacted, That said sample or samples of fertilizers shall be taken in the presence of both purchaser and seller in the following manner: "Two cupfuls of the fertilizer shall be taken from the top and two cupfuls from the bottom of each sack, provided there are not more than ten sacks in the lot, but in lots of 10 to 100 sacks, from not less than 10 sacks; in lots of 100 and over from not less than 10 per cent. of the entire number. The sarnple,!'l so taken shall be intermixed upon some surface so as not to mix dirt or any other substance with the fertilizer. Then from different parts of the pile small portions at a time shall be scooped up in the cup and tram~

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ferred to a wide-mouthed bottle of not less than one pint in capacity." This bottle shall now be corked with a suitable cork. The cork must either be pressed home flush with the mouth of the bottle or else cut across until it is flush or even with the mouth of the bottle. It shall then be taken by both parties at interest to the ordinary of the county, who shall seal the same in their presence in the following manner: He shall completely cover the entire surface of the cork with sealing wax, and then impress upon the molten wax his official seal, bearing his name and the style of his office. He shall then 1abel the same with the names of the parties and of the fertilizer.
SEc. 3. Be it further enacted, That said ordinary shall safely keep said package, allowing neither party access to the same save as hereinafter provided. The Ordinary shall receive a fee of 10 cents from the party depositing such sample for each sample so deposited.
SEc. 4. Be it further enacted, That should said purchaser, after having used 8uch fertilizer upon his crops, have reason to believe from the yields thereof that said fertilizer was totally or partially worthless, he shall notify the seller, and apply to the Ordinary to forward the said sample deposited with him to the State Chemist, without stating the name of the parties, the name of the fertilizers, or giving its guaranteed analysis, the cost of sending being paid by the purchaser. Before forwarding sample to the State Chemist for analysis, the Ordinary shall take the affidavit of the purchaser that he has gathered his crop and believes from the yield thereof that the fertilizer used was worthless or partially worthless. The Ordinary shall notify the State Chemist at the same time that he forwards the sample that he has taken and filed such written affidavit of the purchaser.
SEc. 5. Be it further enacted, That it shall be the duty of said State Chemist to analyze and send a copy of the result to said Ordinary.
SEc. 6. Be it further enacted, That should said analysis show that said fertilizer comes up to the guaranteed analysis upon which it is sold, then the statement so sent by the State Chemist shall be conclusive evidence against the plea of partial or total failure of considera-tion. But should said analysis show that such fertilizer does not come up to the guaranteed analysis, then the sale shall be illegal,

null and void and when suit is brought upon any evidence of indebtedness given for such fertilizer, the statement of such State Chemist so transmitted to the Ordinary shall be conclusive evidence of the facts, whether such evidence of indebtedness is held by an innocent third party or not.
SEc. 7. Be it further enacted, That in lieu of the State Chemist, should the parties of the contract agree upon some other chemist to make said analysis, all the provisions of the Act shall apply to his analysis and report to the Ordinary.
SEc. 8. Be it further enacted, That should the seller refuse to take said sample when so requested by the purchaser, then upon proof of this fact the purchaser shall be entitled to his plea of failure of consideration, and to support the same by proof of the want of effect and benefit of said fertilizer upon his crops, which proof shall be sufficient to authorize the jury to sustain defendant's plea within whole or in part, whether said suit is brought by an innocent holder or not.
Approved December 27, 1890.
AN ACT
To provide for the registration, sale, inspection and analysis of fertilizer materials, in bulk, in the State of Georgia, and to repeal all laws and parts of laws in conflict therewith.
SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be lawful for the manufacturers, jobbers, dealers and manipulators of commercial fertilizers and fertilizer materials, to sell or offer for sale in the State of Georgia, acid phosphate or other fertilizer materials in bulk to persons, individuals or firms, who desire to purchase the same for their own use on their own lands, but not for sale.
SEc. 2. Be it further enacted, That the Commissioner of Agriculture of this State shall have the authority to establish such rules and regulations in regard to the registration, inspection, sale and analy-

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sis of acid phosphate or other fertilizer materials, in bulk, sold to persons, individuals or firms, who desire to purchase and use the same as provided in section 1 of this Act, as shall not be inconsistent with the provisions of this Act, and as in his judgment will best carry out the requirements thereof.
SEc. 3. Be it further enacted, That the same inspection fees shall be paid by manufacturers, dealms, jobbers and manipulators, who sell acid phosphate or other fertilizer materials in bulk, under the provisions of this bill as applies to such goods when placed in sacks, barrels or boxes under the general fertilizer laws of this State, and such inspection fees shall be transmitted to the Commissioner of Agriculture at the time notice of shipment of such acid phosphate or other fertilizer materials in bulk are made to the purchaser or purchasers, provided for in this Act.
SEc. 4. Be it further enacted, That it is hereby made the duty of the Commissioner of Agriculture to personally prosecute each and every offender under the provisions of this Act, and upon conviction, such offenders shall be punished as prescribed in section 1039 of the Code of Georgia, and all fines arising therefrom shall be paid into and become a part of the General Education Fund of the State.
SEc. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
Approved August 14, 1903.
Tlie following law was enacted by the Legislature of 1910 fixing the branding of cotton seed meal.
An Act to require all cotton seed meal sold in the State of Georgia to be branded according to its grade or quality.
SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, all manufacturers, dealers or manipulators, who shall offer any cotton seed meal for sale in this State, either as a fertilizer or as a feedstuff, shall brand upon or attach to the package in which such meal is offered for sale the grade or quality of the same.

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SEc. 2. Be it further enacted, That there shall be three grades of cotton seed meal, known as high grade, standard grade and low grade. High grade meal must contain 6.60 per cent. of nitrogen, (equivalent to eight per cent. of ammonia), as a minimum before it shall be entitled to bear the brand of high grade.
Standard meal must contain 6.18 per cent. nitrogen (equivalent
to 772 per cent. ammonia), as a minimum before it shall be entitled
to the brand of standard grade.
All cotton seed meal containing less than 6.18 per cent. nitrogen.
(equivalent to 772 per cent. ammonia), shall be branded low grade
before being offered for sale in this State, provided that low grade shall not contain less than 6 per cent. of ammonia and provided further that all meal made from "Sea Island Cotton" shall be branded "Sea Island Cotton Seed Meal" and the guaranteed analysis shall
not be less than 472 per cent. of ammonia and the same shall be print-
ed upon the package.
It is further enacted, That the words "high grade", "standard grade" and "low grade," when branded upon or attached to the package containing the cotton seed meal shall be printed just above all other guarantees or descriptions of said meal and in type larger than any other descriptive words or matter branded upon or attached to such package.
SEc. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the Commissioner of Agriculture to take all steps necessary to make this Act effective.
SEc. 4. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor and on conviction shall be punished as prescribed in section 4310 of the Code of Georgia of 1882.
SEc. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved July 8, 1910.
JosEPH M. BROWN, GovERNOR.

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AN ACT
To further regulate and control the sale of commercial fertilizers in the State of Georgia by requiring the branding or tagging upon each sack or package the source from which the available phosphoric acid, potash and nitrogen respectively is derived; to prescribe the duties and liabilities of the manufacturer, manipulators, dealers and vendors of such fertilizers; to provide a penalty for the violators of the same and provide the rights and remedies of the purchasers thereof, and for other purposes.
SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That all commercial fertilizers containing or which are designed to develop, as plant food, phosphoric acid, potash and nitrogen which are sold or offered for sale in this State, shall, in addition to the present provisions and requirements of the laws of Georgia, have plainly marked or branded, by attaching a tag upon each sack or package thereof the sources and ingredients from which the available phosphoric acid, potash and nitrogen respectively is generated and obtained.
SEc. 2. Be it further enacted by the authority aforesaid, That if any commercial fertilizer or fertilizer material sold in this State shall prove deficient in any of its ingredients as guaranteed or branded by attaching a tag or tags upon the sacks or packages containing the saine and if, by reason of such deficiency, the commercial values of such fertilizers shall fall more than three per cent. below the guaranteed commercial value of such fertilizers or fertilizer material then the vendor or vendors of such commercial fertilizer or fertilizers shall be liable in damages to the purchaser or purchasers thereof in the sum of twenty five per cent. of the purchase price plus the shortage of such commercial fertilizer or fertilizers.
SEc. 3. Be it further enacted by the authority aforesaid, That any manufacturer, manipulator, dealer or vendor of commercial fertilizers in this State, who publishes by branding or by attaching a tag or tags upon the sacks or packages of fertilizer a false or incorrect analysis of the components and ingredients thereof shall be liable in law to any and every purchaser of such falsely and incorrectly

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branded or tagged fertilizer in a sum of twenty five per cent. of the purchase price plus the shortage of such commercial fertilizer.
SEc. 4. A deficiency of more than ten per cent. below the guaranteed analysis of the fertilizers as published and branded or tagged on the sacks or packages thereof shall be held and declared by the courts of this State to constitute a false and ~ncorrect publishing, branding or tagging with the intent, purpose and meaning of this Act.
SEc. 5. Be it further enacted by the authority aforesaid, That this Act shall be deemed, held, and construed to be supplemental and additional to the existing laws of this State regulating and effecting the sale of commercial fertilizers, and not as conflicting with or repealing any of said laws. This Act shall not go into effect until January 1st, 1912.
SEc. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
Approved August, 22nd, 1911.
HoKE S11nTH, GovERl'<OR.