CHEMICAL DEPARTMENT. 387 



The law respecting inspection and licensing commercial fertilizers is 

 again inserted, because so many seem to be ignorant of its provisions: 



[Session Laws of ISSa, No. 26. | 



AN ACT to provide for the inspection of commercial fertilizers and to regulate the 



sale thereof. 



Section 1, The People of the State of Michigan enact. That any person or persons 

 who shall sell or offer for sale in this state any commercial fertilizer, the retail price of 

 which exceeds ten dollars per ton, shall alFix on the outside of every package containing 

 such fertilizer a plainly printed certificate, stating the number of net pounds therein; 

 the name or trade mark under which such article is sold; the name of the manufact- 

 urer; the place of manufacture, and a chemical analysis, stating the percentage of 

 nitrogen in an available form; of potash soluble in water, and of phosphoric acid in 

 available form (soluble or reverted) and the insoluble phosphoric acid. 



Sec. 2. Before any commercial fertilizer is sold or offered for sale, the manufacturer, 

 importer, or party who causes it to be sold or offered for sale within this state, shall file 

 with the secretary of the State Board of Agriculture a certified copy of the analysis 

 and certificate referred to in section one, and shall also deposit with said secretary a 

 sealed glass jar containing not less than two pounds of such fertilizer, with an affidavit 

 that it is a fair sample of the article thus to be sold or offered for sale. 



Sec. 3. The manufacturer, importer, or agent of any commercial fertilizer, the retail 

 price of which exceeds ten dollars per ton as aforesaid, shall pay annually to the secre- 

 tary of the State Board of Agriculture, on or before the first day of May, a license fee 

 of twenty dollars for each and every brand of fertilizer he offers for sale in this 

 state: Provided, That whenever the manufacturer or importer shall have paid this 

 license fee his agents shall not be required to do so. 



Sec. 4. All such analyses of commercial fertilizers required by this act shall be made 

 under the direction of the State Board of Agriculture and paid for out of the funds 

 arising from the license fees provided for in section three. At least one analysis of 

 each fertilizer shall be made annually. 



Sec. 5. The secretary of the State Board of Agriculture shall publish in his annual 

 report a correct statement of all analyses made and certificates filed in his office, 

 together with a statement of all moneys received for license fees, and expended for 

 analysis. Any surplus from license fees remaining on hand at the close of the fiscal 

 year shall be placed to the credit of the experimental fund of said board. 



Sec. 6. Any person or persons who shall sell or offer for sale any commercial fertil- 

 izer in this state without first complying with the provisions of sections one, two, and 

 three of this act, or who shall attach or cause to be attached to any such package or 

 fertilizer an analysis stating that it contains a larger percentage of any one or more of 

 the constituents or ingredients named in section one of this act than it really does con- 

 tain shall, upon conviction thereof, be fined not less than one hundred dollars for the 

 first offense, and not less than three hundred dollars for every subsequent offense, and 

 the offender shall also be liable for damages sustained by the purchaser of such 

 fertilizer on account of such misrepresentation. 



Sec. 7. The State Board of Agriculture by any duly authorized agent is hereby 

 authorized to select from any package of commercial fertilizer exposed for sale in this 

 state, a quantity, not exceeding two pounds, for a sample, such sample to be used for 

 the purposes of an official analysis and for comparison with the certificate filed with 

 the secretary of the State Board of Agriculture and with the certificate affixed to the 

 package on sale. 



Sec. 8. All suits for the recovery of fines under the provisions of this act shall be 

 brought under the direction of the State Board of Agriculture. 



Approved March 10, 1885. 



