LAWS, RULES AND REGULATIONS GOVERNING 'THE MANUFACTURE, SALE AND INSPECTION OF Fertilizer, Fertilizer Materials and Cotton Seed Meal In the State of Georgia "aued by Georgia Department of Agriculture ATLANTA, GEORGIA TOM LINDER, Commissioner of Agriculture Jul,. 1, 1952 LAWS, RULES AND REGULATIONS GOVERNING THE MANUFACTURE, SALE AND INSPECTION OF Fertilizer, Fertilizer Materials and Cotton Seed Meal In the State of Georgia Issued by Georgia Department of Agriculture ATLANTA, GEORGIA TOM LINDER, Commissioner of Agriculture July 1. 1952 THE LAWS OF GEORGIA RELATING TO THE MANUFACTURE, REGISTRATION, SALE, INSPECTION, AND ANALYSIS OF FERTILIZER AND FERTILIZER MATERIALS ARE HEREWITH SET FORTH. SECTIONS OF THE GEORGIA CODE OF 1933, AS AMENDED BY SUBSEQUENT ACTS OF THE GENERAL ASSEMBLY, ARE ENUMERATED AS FOLLOWS: Chapter 5-1002. Oath of office. Before entering upon the discharge of their duties the inspectors shall also take and subscribe, before some officer authorized to administer the same, an oath to faithfully discharge all duties which may be required of them in pursuance of this Chapter. Chapter 5-1003. Samples, inspection and report. Each of the inspectors of fertilizers shall be provided with bottles of not less than eight-ounce capacity in which to place samples of fertilizers and fertilizer materials drawn by him, and it shall be the du.ty of each inspector of fertilizers to draw, with such an instrument as shall secure a core from the entire length of the package, such sample of fertilizers and fertilizer materials as he may be directed by the Commissioner of Agriculture to inspect, or that he may find uninspected; and in the performance of his duty he shall carefully draw samples as follows: In lots of 10 packages or less, from every package; in lots of 10 to 100 packages, from not less than 10 packages; in lots of 100 packages and over, from not less than 10 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 samples two subsamples, and with them fill two sample bottles, and shall plainly write on a label on said bottles the number of said sample, and shall also write on the label on one only 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 bot- 3 tIes, and shall forward to the Commissioner of Agriculture the said samples so drawn by him, stating the numbers 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 said inspectors shall keep a complete record of all inspections made by them on forms prescribed by the Commissioner of Agriculture. Chapter 5-1004. State Chemist's certificate; evidence. 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 the State Chemist, who shall make a complete analysis of the 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 analysis of such fertilizer or fertilizer material, under the seal of the Commissioner of Agriculture, shall be admissible as evidence in any of the courts on the trial of any issue involving the merits of such fertilizer or fertilizer material. Chapter 5-1005. Manufacturers and manipulators. Nothing in this Chapter 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 Chapter. 4 CHAPTER 5-11. REGISTRATION AND INSPECTION Chapter 5-1101. Registration of brands; analysis; fee. Every manufacturer and mixer selling or offering for sale any fertilizer or fertilizer material shall first file annually with the Commissioner of Agriculture, upon forms supplied by the Commissioner for that purpose, a registration of each brand of fertilizer or fertilizer material to be offered for sale, giving the name and address of the manufacturer or mixer, together with the name of each place at which they may desire to do business in this State, the guaranteed analysis thereof, stating the sources from which the phosphoric acid, nitrogen and potash are derived and giving the percentage of organic nitrogen, the percentage of inorganic nitrogen and the percentage of the total amount of nitrogen, and stating what proportion of the potash is sulphate, if any. For the purpose of this Chapter, organic nitrogen shall be that derived from animal or vegetable matter, and all other nitrogen shall be classed as inorganic. The application shall be accompanied by a fee of $5.00 for each brand of fertilizer or fertilizer material which they may desire to sell. Chapter 5-1102. License. Every person, before offering any fertilizer or fertilizer material for sale or exchange in this State, shall procure a license from the Commissioner of Agriculture authorizing such person to sell or exchange or deal therein. Such license shall be issued by the Commissioner on payment of fee of $1.00 and shall expire on the 31st day of December of each year. Chapter 5-1103. Grade not to be lowered; brand name or trade-mark. 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 registra- 5 tion, 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 increase 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 another, 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 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 previously registered or not. Chapter 5.1104. Sale without registration illegal. It shall not be lawful for any manufacturer or company, either by themselves or their agents, to offer for sale any fertilizer or fertilizer material that has not been registered with the Commissioner of Agriculture as required by this Chapter. 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. Chapter 51105. Tag; contents. Every bag or package of commercial fertilizer sold within the State shall have printed on bag or package, or affixed thereto, a tag containing a legible and plainly printed statement in the English language, the following: 1. Net weight of each bag or package in pounds. 2. Brand name or trade-mark. 3. (a) Guaranteed analysis, giving the minimum per- centage of total nitrogen in whole numbers and the name of the sources, and within 10 % of the total 6 amount of the sources in the form of organic materials, and the names of sources and within 10% of the total amount of the source in the form of inorganic materials. (b) The minimum percentage of available phosphoric acid, and the sources, and within 10% of the amount of each source of available phosphric acid. (c) The minimum percentage of potash and the sources, and within 10% of the amount of each source of potash. (d) The sources and pounds of filler. (e) Total pounds of available plant food. (f) Name and address of manufacturer, mixer, or importer. (g) Whenever any fertilizer material is reduced from its original plant food content, the amount of the filler and source used must also be shown as provided for above. 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 is 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 or packages information showing the fineness of the product, provided it takes a form approved by the Commissioner of Agriculture. Chapter 5-1106. Constituents of fertilizers; "high grade" on containers. 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 12 % available phosphoric acid, 2 per cent nitrogen and 2 per cent of potash, or a grade or analysis of equal total 7 commercial value; the word "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, 3 per cent nitrogen, and 3 per cent potash, or a grade or analysis of equal total commercial value; the words "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 14 per cent available phosphoric acid and 2 per cent of potash or a grade or analysis of equal total commercial value; the word "standard" shall not appeal' 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 3 per cent potash, or a grade or analysis of equal total commercil value; the words "high grade" shall not appear upon any bag or package of any plain acid phosphate which shall contain by its guaranteed analysis less than 18 per cent available phosphoric acid; and the word "standard" shall not appear upon any bag or other package of any plain acid phosphate which shall contain by its guaranteed analysis less than 16 per cent available phosphoric acid. No acid phosphate shall be sold in this State which contains less than 16 per cent total plant food. No complete fertilizer, acid phosphate with potash, acid phosphate with nitrogen shall be offered for sale in this State which contains less than 14 per cent of total plant food, namely; available phosphoric acid, nitrogen, and potash: Provided, that in mixed fertilizers there shall not be claimed less than 2 per cent of potash and 2 per cent nitrogen, when one or both are present in the same mixture. Chapter 5-1107. Tankage. It shall be unlawful to sell or offer for sale any fertilizer material as tankage which shall contain more than 2 per cent of inorganic nitrogen, and it shall be unlawful to designate as tankage any material used in mixed goods which contain more than 2 per cent of inor- 8 ganic nitrogen. It shall also be unlawful to designate as tankage any material which contains, hair, hoof, horn or other animal matter in which the available nitrogen is less than 85 per cent as determined by the neutral permanganate method, without a clear statement on the outside of each package that the nitrogen content of the package is less than 85 per cent. Chapter 5-1108. Variation from water-soluble nitrogen percentage; false branding. Where the law states the percentage of water-soluble nitrogen that shall be declared, the same shall be in terms of water-soluble nitrogen, and a variation of 10 per cent shall be construed as false branding, and be subject to a penalty of 10 per cent of the purchase price. Chapter 5-1109. Filler. It shall be unlawful for any manufacturer or mixer of commercial fertilizer to use any material as a filler or make-weight which does not comply with the requirements herein set out as a fertilizer material. Chapter 5-1110. Coloring and odor. It shall be unlawful for any fertilizer manufacturer or mixer to use any foreign or artificial coloring in the manufacture, mixture, or manipulation of any fertilizer or fertilizer material, or to use any substance for supplying an odor not natural to and a part of the material used . Chapter 5-1111. Certin fillers for fertilizers prohibited. It shall be unlawful for any manufacturer, dealer, or other person to manufacture, sell or offer for sale any commercial fertilizer containing any pyrites cinders, coal cinders, or any injurious or deleterious filler. 9 Chapter 5-1112. Pulverized leather. No person, company, dealer, or agent shall sell, expose, or offer for sale any pulverized leather, raw, steamed, roasted, or in any other form, either as a fertilizer or fertilizer material, or as a constituent of fertilizers, without first 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. Chapter 5-1113. Inspection; samples. The Commissioner of Agriculture is authorized to use the inspectors provided for by law in inspecting all factories, warehouses, railroad cars and places of business of all manufacturers and mixers of commercial fertilizer, and is authorized to open any and all packages, cars or parcels of fertilizer or fertilizer material or materials which may be found in and about such places which are unlawful to be used in fertilizer, and to secure samples of the same to be analyzed by the State Chemist. Chapter 5.114. Shortage in Plant food or commercial value; penalty. Any fertilizer or fertilizer material sold without compliance with the requirements of the law, any fertilizer which upon analysis by the State Chemist shows a shortage in anyone plant food of 10 per cent or more, and any fertilizer which upon analysis under direction of the State Chemist shows a shortage in commercial value of five per cent or more below the guarantee shall be subj ect to a penalty of 25 per cent of the purchase price plus the actual shortage in commercial value. These penalties shall be in lieu of all other penalties now proVided by law and shall not be cumulative. Chapter 5.1115. Attachment, etc., to collect penalty. Whenever any fer- 10 tilizer or fertilizer material upon analysis by the State Chemist is found subject to a penalty under the provisions of law, the Commissioner of Agriculture is empowered and it is hereby made mandatory upon him to proceed by attachment or other legal means to collect such penalty from the party or parties subject thereto and to pay the same to the person or persons entitled to receive it. Provided that such adjustment is not made after thirty days from notice of deficiency from Commissioner of Agriculture; and provided further that the matter is not being contested in the court or courts, in which event the powers of the Commissioner shall be suspended until final determination of the matter by the courts. Any cost accruing under the enforcement of these provisions may be paid by the Commissioner of Agriculture out of the funds derived from their fertilizer-inspection fees. In any suit filed by the Commissioner under this Act legal services may be had on any agent or representative in this State of any nonresident manufacturer or mixer. Chapter 5-1116. Cancellation of registration, etc. If any manufacturer or mixer shall be subject to a penalty under the terms of this law and shall fail or refuse to pay the same upon demand as provided in the preceding section, the Commissioner of Agriculture is authorized to cancel the registration or registrations of such manufacturer or mixer and to forbid the sale by such manufacturer or mixer of any fertilizer or fertilizer materials until such penalty or penalties have been paid or final judgment has been obtained. Chapter 5-1117. Wet and unsalable fertilizer. No commercial fertilizer or fertilizer material shall be offered for sale which contains such an amount of water as to render the handling or manipulation of such fertilizer or fertilizer material difficult, or to cause the clogging of fertilizer distributors by reason of its bad mechanical condition; such wet or 11 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. Chapter 5-1118. Tax tags. Payments to Department of Agriculture. All manufacturers and manipulators or agents representing them, who have registered their brands in compliance with this Chapter, shall forward to the Commissioner of Agriculture a request for tax tags, stating that said tags are to be used upon brands of fertilizers or fertilizer materials registered in accordance with this Chapter, and said request shall be accompanied with the sum of 30 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 Chapter. Any tags left in the possession of the manufacturer may be used for another season and shall not be redeemed by the Department of Agriculture. The entire amount arising from the fee of 30 cents a ton shall be paid into the State treasury as rapidly as collected. Chapter 5-1120. Copy of analysis as evidence. A copy of the official analysis of any fertilizer or chemical, under seal of the Department of Agriculture, shall be admissible as evidence in any of the courts on the trial of any issue involving the merits of said fertilizer. CHAPTER 5-12. SAMPLES Chapter 5-1201. Inspection before delivery to consumer. All inspections 12 of commercial fertilizer and fertilizer materials shall be in so far as practicable made before delivery into the possession of the consumer. However, the Commissioner of Agriculture is authorized in his discretion to have samples drawn at any time or place of any fertilizer or fertilizer material found within the limits of this State. Chapter 5-1202. Purchaser may require sample to be taken. It shall be lawful for any purchaser of fertilizer from any owner thereof, or agent of such owner, to require of the person selling, and at the time of sale or delivery, to take from each lot of each brand a sample of its contents. Chapter 5-1203. Samples, how taken and treated. Said samples or samples of fertilizer 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 10 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 samples so taken shall be intermixed upon some surface so as not to mix dirt or any other substance with ~he fertilizer. Then from different parts of the pile small portions at a time shall be scooped up in the cup and transferred 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, and then shall label the same with the names of the parties and of the fertilizers. 13 Chapter 5-1204. Ordinary's duty and fee. The 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. Chapter 5-1205. When sent to State Chemist for analysis. Should said purchaser, after having used such 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 names of the parties, the name of the fertilizer, or giving its guaranteed analysis, the cost of sending being prepaid 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. Chapter 5-1206. Duty of State Chemist. It shall be the duty of the State Chemist to analyze and send a copy of the result to the ordinary. Chapter 5-1207. Selection of chemist other than State Chemist. In lieu of the State Chemist, should the parties to the contract agree upon some other chemist to make the analysis, all the provisions of this Chapter shall apply to his analysis and report to the ordinary. Chapter 5-1208. Refusal of seller to take a sample. Should the seller 14 refuse to take the 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 in whole or in part whether the suit is brought by an innocent holder or not. CHAPTER 513. COTTON SEED MEAL: INSPECTION AND ANALYSIS Chapter 51301. Cottonseed meal to be inspected. It shall not be lawful for any person or persons to offer for sale any cottonseed meal until the same shall have been inspected as required by law in the matter of all fertilizers and chemicals for manufacturing or composting purposes. Chapter 51302. Grades. There shall be three grades of cottonseed meal, known as high grade, standard grade, and low grade. High grade meal must contain 6.60 per cent of nitrogen (equivalent to 7.112 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 7.112 per cent of ammonia) as a minimum before it shall be entitled to the brand of standard grade. All cottonseed meals containing less than 6.18 per cent nitrogen (equivalent to 7.112 per cent of ammonia) shall be branded low grade before being offered for sale: 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 cottonseed meal, and guaranteed analysis shall not be less than 41j2 per cent of ammonia and the same shall be printed upon the package. The words "high grade," "standard grade" and "low grade," when branded upon or attached to the package 15 containing the cottonseed 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. Chapter 5-1303. Grade or quality to be branded. All manufacturers, dealers or manipulators who shall offer any cottonseed meal for sale, 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. CHAPTER 5-14. SALES OF FERTILIZER IN BULK Chapter 5-1401. Authority to sell in bulk. It shall be lawful for manufacturers, jobbers, dealers, and manipulators of commercial fertilizers and fertilizer material to sell or offer for sale 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. Chapter 51402. Inspection, etc. The Commissioner of Agriculture shall have the authority to establish such rules and regulations in regard to the registration, inspection, sale and analysis 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 the preceding section, as shall not be inconsistent with the provisions of this Chapter and as in his judgment will best carry out the requirements thereof. Chapter 5-1303. Inspection fees. The same inspection fees shall be paid by manufacturers, dealers, jobbers and manipulatorR who sell acid phosphate or other fertilizer materials in bulk under this Chapter as apply to such goods when 16 placed in sacks, barrels, or boxes under the general fertilizer laws, and such inspection fees shall be transmitted to the Commissioner of Agriculture at the time notice of shipments of such acid phosphate or other fertilizer materials in bulk are made to the purchaser provided for in this Chapter. Chapter 5-1405. Contents must be printed on tags. Every manufacturer, mixer, or dealer in commercial fertilizers, shall be required to print on his tags the total number of pounds of available plant food guaranteed and contained in each bag, the total number of pounds of filler contained in each bag, '( worthless as a fertilizer', to be printed after the word 'filler' and the total number of pounds of all other combined materials contained in said bags. This requirement is not intended to repeal or modify the provisions of law requiring all sources of plant food to be stated on tags. Chapter 5-1406. Seizure of Fertilizer. All fertilizer or fertilizer material sold or offered for sale in violation of law shall be condemned and seized by the Commissioner of Agriculture or his agents, and upon such seizure shall be delivered or turned over to the sheriff of the county in which such seizure is made, the same to be held by such officer until released by the Commissioner of Agriculture, or otherwised disposed of as hereinafter provided, and for such service such officer shall receive the same fees as now provided by law in cases of attachments. The Commissioner of Agriculture may, in his discretion, release the fertilizer or fertilizer material so condemned and seized, upon payment to him, of the forfeiture hereinbefore provided (or such part thereof as he shall in his discretion fix, not less than the minimum prescribed), and if not so released such fertilizer or fertilizer material shall be sold by the officer having the same in charge on the order of the court before whom conviction may be had, or 17 by the officer having any execution for fines and costs in his hands, to pay any such fines or forfeitures and the cost of prosecution made under provisions of the Act, in the manner now provided by law for sales under attachment or distress, the moneys left from such fines and fees shall be paid over to the manufacturer or owner of such fertilizer or fertilizer material sold. All prosecutions under this section shall be conducted by the solicitor of the county in which the offense shall be committed, or such seizure shall be made, who shall have a fee of ten dollars for every conviction, to be taxed against and paid by the party convicted. CHAPTER 5-99. CRIMES Chapter 5-9931. Violating fertilizer laws. Every manufacturer, mixer, jobber or dealer violating any of the fertilizer laws of this State, shall be guilty of a misdemeanor. Chapter 5-9936. Violation of Chapter 5-14 governL1g sale of fertilizers in bulk. Every offender under the provic.ions of Chapter 5-14, relating to the sale of fertilizers in bulk, shall be guilty of a misdemeanor. FERTILIZER INSPECTION FEES-ALTERNATIVE METHOD No. 460 (House Bill No. 443) An Act to authorize the giving of a bond by fertilizer manufacturers and distributors for the payment of fertilizer inspection fees; to provide for the Commissioner of Agriculture, in his discretion, when such bond has been given, to permit fertilizer manufacturers to make monthly report of all sales in the State and to remit the amount of the inspection fees; to provide that such method of reporting and paying inspection fees shall be an alternate method, in the discretion of the Commissioner of Agri- 18 culture, in addition to methods provided in existing laws; to provide that the provisions of this Act shall be supplementary and in addition to existing laws and not in conflict therewith; to authorize the Commissioner of Agriculture to make necessary rules and regulations to carry this Act into effect; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted under the authority of the same: Section 1. Upon application by any manufacturer Oi' distributor of fertilizer, the Commissioner of Agriculture may, in his discretion, relieve such applicant of the necessity of attaching fertilizer inspection tags, stamps or facsimiles of same as now required by law and in lieu thereof permit and require such applicant to report the tonnage of fertilizer sold by such applicant subject to the 30 cents per ton inspection fee now required by law, and pay said inspection fee of 30 cents per ton on the basis of such report. If such permit is granted, the manufacturer or distributor of fertilizer to whom the permit is granted shall make monthly reports, on such forms as the Commissioner of Agriculture may prescribe, of all fertilizer sold during such month, which report shall be filed on or before the 15th day of the month following that in which the fertilizer was sold, and shall be accompanied by payment of the inspection fees due thereon at the rate of 30 cents per ton for such fertilizer. Every such report shall be under oath. Section 2. The Commissioner of Agriculture or his authorized representative shall have access to the records of every manufacturer or distributor of fertilizer to whom such permit is granted for the purpose of checking the same to determine the accuracy of the report and whether or not payment of the inspection fee has been made as required by law and this Act. Penalty. Section 3. If any such manufacturer or distributor shall fail to file any report required by this Act or to pay 19 any inspection fee due under such report within ten days after the same shall be due and payable thereunder, the inspection fees due under any such belated report, shall bear a penalty of ten per cent, which shall be collected by the Commissioner as a part of the inspection fees. Security for performance. Section 4. Every manufacturer or distributor of fertilizer who is granted a permit under this Act shall deposit with the Commissioner of Agriculture in cash, or securities acceptable to him the sum of one thousand dollars, or post with the Commissioner a surety bond in the same amount, executed by some corporate surety authorized to do business in Georgia, which bond shall be payable to the Commissioner of Agriculture or his successors in office, and shall be conditioned for the faithful performance of the obligations of this Act, and the payment of all inspection fees due by such manufacturer or distributor. Section 5. Such permits as the Commissioner of Agriculture may grant under this Act shall remain in effect at his discretion. Method additional. Section 6. Nothing in this Act shall repeal any existing law, rule or regulation providing, or requiring any method of payment of fertilizer inspection fees, but this Act shall be construed only as providing an additional method for reporting and paying such inspection fees, which may be used in the discretion of the Commissioner of Agriculture in lieu of any other method now provided by law. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1951. 20 RULES AND REGULATIONS GOVERNING THE ANALYSIS, MANUFACTURE, SALE AND INSPECTION OF FERTILIZER IN THE STATE OF GEORGIA. Regulation (1) Mixer A mixer, as recognized by this Department, shall be a person, company or firm operating a mixing plant; actually mixing fertilizer for resale and selling it on a guaranteed analysis basis in packages properly marked and branded. When required by the Commissioner of Agriculture to do so, any person, firm or company making application for the registration of brands shall be required to furnish to the Commissioner of Agriculture such evidence as may be requested to show that such person, firm or company is actually engaged in the manufacture of fertilizer before registration will be filed. Regulation (2) Season The beginning of the fertilizer season shall be on the first day of January each year. Regulation (3) Invoices Each company, manufacturer or manipulator in commercial fertilizer or fertilzer material shall, when making sale or shipment, furnish to the Commissioner of Agriculture, a statement or copy of the invoice of each shipment or sale of fertilizer or fertilizer material, giving the name of the shipper actually making the shipment, or sale, whether such seller is subsidiary to another manufacturing company or not. Such statement or copy of invoice to give the name of the shipper, or seller, the name of the consignee, the number of tons whether sacked or bulk. If sacked, the size of the sack in pounds and the analysis of the fertilizer, and the name of the fertilizer or fertilizer material and the brand name shall be on both bag and tag. Regulation (4) Application for Registration All applications for registration shall be made in 21 duplicate and forwarded to the Commissioner of Agriculture, who upon receipt of same and approval, will write or stamp acknowledgment on the duplicate copy and return to the sender. Regulation (5) Bulk Material Whenever a fertilizer manufacturer, mixer 01' manipulator shall ship bulk material to any person other than a registered mixer, remittance covering tax on such shipments shall be made direct to the Department of Agriculture by the seller on date of shipment. Any registered mixer using goods of his own manufacture or materials bought by him as a mixer, on his own farms will be held responsible for tax on all such fertilizer or materials used. Regulation (6) Tags Whenever a brand of fertilizer is registered with the Commissioner of Agriculture in the name of any manufacturer or concern, the tax tags to be used on such fertilizer must be ordered from the Commissioner of Agriculture in the name of the company or manufacturer registering such brand and where a manufacturer or manipulator is subsidiary to another manufacturer or company, the tags for all brands registered in the name of the subsidiary company must be ordered in the name of each subsidiary company. Regulation (7) Tag Information The weight of the package in pounds, the brand name and/or trade mark, the guaranteed percentage of nitrogen, available phosphoric acid, water soluble nitrogen, potash, number of pounds filler, number of pounds of plant food, name and address of manufacturer must be printed on the tag. Regulation (8) Tag Restrictions No manufacturer has the right to print the word "Ammonia" on bags or tags and the ammonia equiv- 22 alent of the guaranteed nitrogen cannot be used as part of the brand name or in computing the pounds of available plant food contained in each package of fertilizer. Regulation (9) Analysis No material containing less than 3 per cent of one of the three principal plant foods, namely 3 per cent nitrogen, 3 per cent phosphoric acid. or 3 per cent potash, in available form, when analyzed by the State Chemist using official methods shall be shown as a source of plant food. This does not mean that the combined nitrogen, available phosphoric acid, or potash shall equal 3 per cent, but that 3 per cent of one of the three plant foods must be available by official laboratory methods. When any material as set out above is used it shall be shown as filler in accordance with the provisions of the law governing filler. Regulation (10) Branding Restriction Foreign branding of fertilizer materials is not permitted. Regulation (11) Sales Prohibited No fertilizer shall be offered for sale in this State, whose nitrogen content shows an availability of less than 85 per cent when analyzed by the Neutral Permanganate Method. Regulation (12) Mixture Prohibited It is hereby ruled that no cyanogen compounds, woodwaste, tartar pomace, mora meal, yellow ochre, lamp black, "fish oil," pyrites cinders, coal cinders, or any other injurious or deleterious substance or any substance not containing over 3 per cent of one of the three plant foods in its available form which will artificially color or odorize a mixture shall be used. Regulation (13) License Expiration Section 5-1102 of the Georgia Code of 1933 applies to dealers. $1.00 license expires December 31 each year. 23 Regulation (14) Penalties The variation of 10 per cent is construed to mean that a penalty of 10 per cent of the purchase price shall be assessed in cases where the water soluble nitrogen is found to be in excess of 10 per cent of the actual per cent guaranteed water soluble nitrogen, except where the actual per cent of the total nitrogen that is water soluble nitrogen is 1 per cent or less, in which case no penalty is to be assessed as such variation is within the range of experimental or chemical error. Regulation (15) Information To Be Shown Whenever a high grade superphosphate is reduced to 18 per cent, or some other standard figure, this need not be shown on source tag as "19.20 per cent superphosphate reduced to 18 per cent by sand," but the filler so used must be shown. For example: If 200 pounds of filler is used per ton of superphosphate, then the mixed goods in which this superphosphate is used should show 20 pounds of filler (and source) per 200-pound bag. Any filler used in other materials will likewise be shown, and the total of all filler shown in the order specified by law. Whenever a manufacturer sells to other mixers superphosphate and other materials reduced to a standard figure by filler, the amount of such filler per ton so used must be shown on invoice and on notice of shipment forwarded to the Department on date of shipment. Regulation (16) Registration, Inspection and Branding It is hereby ruled that when it is desired to sell bone meal or ground phosphate rock in this State the same may be done, provided that the manufacturer or seller registers his goods as required by law and complies with the inspection laws. But, in branding the bags and tags and in filing such registrations, the statement must be carried that such goods contain total phosphoric acid, giving the per cent. When such goods carry available phosphoric acid to 24 the extent of 3 per cent or more, the available phosphoric acid may be claimed instead of total, but in no event shall both the total and the available be set up. If goods contain less than 3 per cent available phosphoric acid, then such bags, tags and registrations must carry the statement, "No available phosphoric acid claimed." Where total phosphoric acid is claimed, the words, "Insoluble phosphoric acid," giving the per cent of total as total phosphoric acid, shall be used. Regulation (17) Mixture Limitation It is ruled that the water soluble guarantee of nitrogen contents in mixed fertilizers shall not exceed the percentage of inorganic nitrogen, plus 20 per cent of the organic nitrogen. To illustrate: If a fertilizer is guaranteed to contain 50 per cent of the nitrogen from organic sources and 50 per cent from inorganic sources, then the 50 per cent from inorganic sources plus 20 per cent of the 50 per cent from organic sources is 60, and the water soluble guarantee on the mixed goods could not exceed 60 per cent of the total. Regulation (18) Penalties The following rule and regulation is hereby adopted by the Commissioner of Agriculture in reference to fertilizer and fertilizer material penalties under and by virtue of the law in force in this State. "The adjustment or payment of any penalty arising by virtue of Section 5-1115 of the Georgia Code of 1933, as amended, is on and after this date required to be approved by the Commissioner of Agriculture or the Chief Fertilizer Inspector (Jf the Department of Agriculture in order for the same to be effective and to afford protection to the party or parties subject thereto." Regulation (19) Notices and Stenciled Information It is ruled that there shall be stenciled upon each bag 25 of fertilizer, the percentage of each plant food and that such percentages shall agree with the percentages stated upon the source tag. Regulation (20) On and after this date every manufacturer or mixer selling or offering for sale any fertilizer or fertilizer materials shall first submit a fair sample and guaranteed analysis of said fertilizer or fertilizer material to the Commissioner of Agriculture before selling or offering for sale. Regulation (21) The guaranteed analysis and sample 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 constituonts may be changed so that the decrease of one constituent may be compensated for in value by the increase of the other or others. Such proposed change must first receive the approval of the Commissioner of Agriculture. Regulation (22) "Brand" shall mean the aggregate or all fertilizer or fertilizer material registered for a fiscal year, of one specific analysis, and registration. Regulation (23) The word "Lot" shall mean "All purchases of fertilizer or fertilizer material by one person, partnership, firm or corporation during each fiscal year and shall be covered by one sample from each brand, whether in one or more shipments. The Commissioner of Agriculture reserves the right to take additional samples when deemed expedient by him." Regulation (24) All fertilizer sold after brand is registered and fair 26 sample is submitted shall be of same analysis. Certified copy of analysis of brand so registered, made at any time by the State Chemist, shall be admissible as evidence. Interrogatories of State Chemist shall be admissible to prove ingredients of any fertilizer of fertilizer materials. Analysis by the State Chemist, certified to the Commissioner of Agriculture, shall be official evidence as to the analysis of any lot of fertilizer or fertilizer material. Regulation (25) In conformity with the Laws of Georgia where the consumer elects to collect the penalty in lieu of damages, as provided by law. Samples must be drawn in conformity with the provisions of the statute, as follows: In lots of ten (19) packages or less, from every package; In lots of ten (10) to one hundred (100) packages, from not less than ten (10) packages; In lots of one hundred (100) packages and more, from not less than ten per cent of tne entire number. Said lots may consist of one or more shipments, and whether one sample or subsequent samples are drawn from each brand, provided the above stated required number of sacks or packages from a lot has been sampled and analyzed, regardless of whether the entire lot is on hand or not, the samples thus drawn and analyzed by the State Chemist shall be construed as being a representative sample from the entire lot. Regulation (26) Each and every manufacturer shall give full information on his registration request as to the amount of fertilizer or fertilizer material sold to, for or through any Federal Agency, and the amount of tax paid the State of Georgia on same. Regulation (27) Regulation 27, issued August 1, 1947, is hereby amended, effective January 1, 1952 and until further notice, as follows: All Truck and Field crop grades will be accepted for 27 registration where organic nitrogen is claimed, provided the organic nitrogen is 20 per cent or more, making the maximum water soluble nitrogen percentage 84 per cent, where there is a claim made for organic nitrogen, making 16 per cent the minimum water insoluble. Tobacco brands will remain 30 per cent or more organic, with a maximum water soluble nitrogen percentage of 76 per cent. Field and Truck crop grades will be accepted 100 per cent inorganic nitrogen, 100 per cent water soluble nitrogen. Regulation (28) Be it hereby ordered that, on and after January 1, 1948, the payment or settlement of all Fertilizer Penalties must be approved by, and paid through, the office of the Commissioner of Agriculture. Failure to comply with the foregoing regulation shall constitute grounds for revocation of registrations and the Commissioner of Agriculture, in his discretion, may refuse to approve future registrations. Regulation (29) Section 1 The secondary plant foods and minor (or trace) elements hereinafter named may be claimed in certain cases in legal fertilizers. In addition to the three primary or major plant foods regulated by law in the sale of commercial fertilizers, each and every secondary or minor plant food claimed by the registrant, must be guaranteed as to its percentage amount and source or sources, as is now required by law for nitrogen, phosphoric acid, and potash. No claim can be made or allowed for or on account of any secondary plant food or minor element contained in any fertilizer mixture or material which is incidental to the mixing or manufacture of same. 28 Section 2 Each and every secondary or minor plant food element claimed by the manufacturer must be stated in his registration application, the guarantee and source tag or tags must conform thereto, and such registration must first be approved by the Commissioner of Agriculture, before any sale can be made. The form of tag and contents must also be approved by the Commissioner of Agriculture. Section 3 It is a condition, precedent to the approval of, any registration making claims for any secondary plant food or minor element hereinafter permitted, in addition to the three major elements, that the manufacturer agrees to in no way circulate misleading, false, or deceptive information (or devices) as to agricultural value or commercial value, of such ingredients in fertilizers. Section 4 Within the terms of these regulations, secondary plant food elements are calcium, magnesium and sulfur, in available forms. Minor elements include boron, copper, manganese, zinc and iron. Each secondary plant food and each minor element claimed must be set forth together with the source or sources of same as now required as to nitrogen, phosphoric acid and potash. All fertilizer components with the exception of potash (K20) and Phosphoric Acid (P20 5 ) if guaranteed, shall be stated in terms of the elements. Additional guarantee equivalents as the oxides, 01' COlltaining compounds in the case of minor or trace elements will be permitted. With special permission secondary elements may be claimed as minor elements. Sodium may not be claimed as a plant food except in nitrate form, and shall not be claimed except in compound form, in mixed fertilizers. No commercial value will be assigned to sodium. 29 Section 5 In tobacco fertilizers the registration and guarantee source tag must show magnesium as a secondary plant food, in acceptable percentages, and acceptable available forms. Section 6 Commercial values for legal control purposes as are now applied to the three primary plant food elements cannot be claimed on secondary or minor elements, such as calcium and sulfur incidental in most mixed goods, nor to magnesium in tobacco fertilizer. The manufacturer agrees to pay the same penalty to the consumer as is now provided by law as to deficiencies of nitrogen, phosphoric acid and potash, as a condition precedent to registering such brands. Any and all claims and representations as to any additional commercial or agricultural value by reason of the addition of secondary or minor plant foods must be based only on these elements added in approved manner from approved sources in addition to those contained in regular mixtures. Section 7 In order that proper agronomical worth may be considered and determined, sources or mixtures of secondary and/or minor plant food elements shall be offered for registration under the same conditions as set forth in this regulation for commercial fertilizers, whether offered for sale to the ultimate consumer or for use in legal fertilizers. 30 AMENDMENTS TO RULES AND REGULATIONS GOVERNING THE DELIVERY OF FERTILIZERS AND FERTILIZER MATERIALS IN BULK DELIVERED BY TRUCK, SPREADER OR RAIL, PROMULGATED UNDER AUTHORITY OF THE LAWS OF GEORGIA, (CODE OF GEORGIA, 1933, CHAPTER 5-1401,1402 and 1403; 5-9931, 5-9936, (AND AMENDMENTS THERETO) Regulation (30) On and after this date, every manufacturer, mixer or dealer selling or offering for sale any fertilizers or fertilizer materials in bulk, shall first submit an application to the Commissioner of Agriculture for a permit before selling or offering for sale any fertilizers or fertilizer materials in bulk. Said permit, when granted, will contain conditions and limitations upon which bulk fertilizers and fertilizer materials shall be sold or offered for sale in the State of Georgia. Said approved application forms, attached, are made as a part of the requirements of these regulations. Regulation (31) On and after this date, every manufacturer, mixer or dealer, selling or offering for sale any fertilizers or fertilizer materials to be delivered to consumer by spreader, shall first submit an application to the Commissioner of Agriculture for a permit before selling or offering for sale or making any deliveries of fertilizers or fertilizer materials by spreader. Said permit, when granted, will contain conditions and limitations upon which fertilizers and fertilizer materials that are to be delivered by spreaders, shall be sold or offered for sale in the State of Georggia. Said application forms, attached, are made as a part of the requirements of these regulations. NOTICE OF SALES AND CONSIGNMENTS All manufacturers, mixers, or manipulators of fertilizers or fertilizer materials must send to the Department 31 of Agriculture detailed information about all shipments of fertilizers or fertilizer materials. This notice must distinctly state to whom consigned, destination, date of sale, brand name of the fertilizers, or name of the chemical or fertilizer material, tonnage or fraction thereof, guaranteed analysis and if sold in bulk, so state. The department does not prescribe the exact form on which the above information shall be given, but offers as a suggestion the form which is printed on the following page. Under Rule 5, relating to requests for tags, in order that no delay may occur in shipments, the manufacturer or dealer need not notify the Department per above, at the time of the requests for tags, of the name of the purchaser or consignee; but must notify the Commissioner in writing of every sale or consignment, daily or weekly. 32 Suggested Form for Daily Reports DATE 7-2-52 Daily Report of Sales and Consignments to Georgia DEPARTMENT OF AGRICULTURE COUNTy ELBERT STATE OF GEORGIA Mr. JOHN DOE [n Account with~~ Shipped to JOHN DOE R. R. Station ELBERTON, GA. P. O. ELBERTON, GA. ~ FERTILIZER WORKS ATLANTA, GEORGIA 100 Lh. BagR 200 Lb. Bags Tons BRAND Guaranteed Analysis CONVERSION FACTORS TO CONVERT Nitrogen into ammonia multiply by 1.2159 Nitrogen into protein multiply by 6.2500 Ammonia into nitrogen multiply by 0.82244 Nitrogen into nitrate soda multiply by 6.0683. Nitrate soda into nitrogen multiply by 0.16479 Actual potash into potassium multiply by 0.83013 Actual potash into muriate multiply by 1.5830 Muriate potash into actual potash multiply by 0.63171 . Actual potash into sulphate potash multiply by 1.8500 Potassium sulphate into potash multiply by 0.54055 Phosphoric acid into bone phosphate multiply by 2.1851 Bone phosphate into phosphoric acid multiply by 0.45764 As an example take nitrate of soda. Suppose it is guaranteed as 95.5 % nitrate of soda, and the equivalent percentages of nitrogen and ammonia are wanted. Multiply 95.5% by the factor 0.16479. This gives 15.74% nitrogen. To find out how much ammonia this nitrogen is equivalent to multiply 15.74 % by the factor 1.2159 which will give 19.14 % ammonia. In other words 95.5 ~ nitrate of soda is equivalent to 19.14 % ammonia. 33 200 Pounds STANDARD OR NORMAL SUPERPHOSPHATE 18% AVAILABLE PHOSPHORIC ACID JOHN DOE COMPANY Blank, Georgia 18% 200 Pounds HIGH GRADE SUPERPHOSPHATE 20% AVAILABLE PHOSPHORIC ACID JOHN DOE COMPANY Blank, Georgia 20 01c 34 200 Pounds STANDARD FERTILIZER John Doe's 4-8-8 Guaranteed Analysis: NITROGEN .... .4% 840/0 of total nitrogen soluble in water. 200/0 organic, derived from C. S. meal, anI- mal tankage, and blood. 800/0 inorganic, derived from nitrate of soda, sulphate of ammonia, and cyanamid. AV A~LABLE PHOSPHORIC ACID 80/0 Derived wholly from superphosphate. POTA S H . . . . . . . . . . 8% 800/0 derived from manure salts. 200/0 derived from muriate of potash. FILLER limestone .... . ..20 Lbs. AVAILABLE PLANT FOOD 40 Lbs. Manufactured by JOHN DOE WORKS Blank, Georgia 35 200 Pounds High Grade JOHN DOE'S 6-8-6 SPECIAL Guaranteed Analysis: NITROGEN 6% 840/0 of total nitrogen soluble in water. 200/0 organic, derived from C. S. meal, animal tankage, and blood. 800/0 inorganic, derived from nitrate of soda, sulphate of ammonia, and cyanamid. AVAILABLE PHOSPHORIC ACID_____ _ 8% Derived wholly from superphosphate. POTASH___________ 6% 800/0 derived from manure salts. 200/0 derived from muriate of potash. FILLER, limestone __ 20 Lbs. AVAILABLE PLANT FOOD_ 40 Lbs. Manufactured by JOHN DOE FERTILIZER COMPANY Blank, Georgia Standard Fertilizers must total up 14 % of plant food and High Grade Fertilizers must total up 16 % of plant food. In the case of plain acid phosphate, Standard acid phosphate must be 18 % available phosphoric acid and High Grade acid phosphate must be 20 %. Nitrogen, in whole numbers, comes first in the order of nitrogen, phosphoric acid, and potash. (E. g., 6-8-6). Contents, guaranteed analysis and sources must be printed on tags. They may be printed upon bags in addition to tags if desired. Commissioner has authority to seize fertilizer not prope:r:ly tagged or not registered with the Department. 36 By virtue of the authority vested in, and the duties imposed upon, the Commissioner of Agriculture, I hereby adopt and promulgate the foregoing rules and regulations, which same shall be and are effective July 1, 1952, and all regulations heretofore promulgated in conflict with the regulations herein are hereby revoked. Approved, TOM LINDER, Commissioner of Agriculture. 37