50 CONTROL SERIES No. 74 



Sale of Commercial Fertilizers regulated. Fees, etc. 



Section 254. No person shall sell or offer or expose for sale any commercial 

 fertilizer until he has filed with the director a copy certified by him to be a true 

 copy of the label required by section two hundred and fifty, excepting as to the 

 item as to the number of pounds, for each brand of fertilizer to be sold, offered or 

 exposed for sale and has paid to the said director an analysis fee for each brand 

 aforesaid as follows: eight dollars for nitrogen, eight dollars for phosphoric acid, 

 eight dollars for potash, contained or stated to be contained in any such brand of 

 fertilizer, eight dollars for magnesium oxide when guaranteed in any such brand of 

 fertilizer, and twelve dollars for each brand of agricultural lime and gypsum except 

 gas house lime; nor unless he holds a valid and uncancelled certificate issued under 

 section two hundred and fifty-six. Any person desiring in any year to sell or to 

 offer or expose for sale any brand of commercial fertilizer in respect of which the 

 requirements of this section as to the filing of a copy of the label thereof and the 

 payment of the analysis fee therefor have not been complied with before January 

 first of said year, may offer or expose for sale and sell the said brand upon filing a 

 certified copy of the label thereof and paying the full analysis fee therefor. No 

 person shall be obliged to file a copy of the label of, or to pay an analysis fee for, 

 any brand of fertilizer for which a certified copy of the label has been filed and the 

 analysis fee paid by the manufacturer or importer of such brand. 



No person shall file with the director a false copy of the label of any fertilizer 

 or brand of fertilizer. 



Same Subject. Statement, Permit, Fee. 



Section 255. In addition to the requirements of he preceding section, each 

 person who sells or offers or exposes for sale any commercial fertilizer shall, on or 

 before January first and July first in each year, file with the director a sworn 

 statement in such form as he prescribes setting forth the number of net tons of 

 fertilizer sold by him in the commonwealth during the preceding six months, 

 stating in each case the number of tons of each brand sold, together with a permit 

 allowing the director or his authorized deputy to examine the books of the person 

 filing the statement, for the purpose of verifying the same, and shall thereupon 

 pay to the director a fee of six cents a ton of two thousand pounds for the fertilizers 

 so sold; except that no such statement, permit or fee shall be required in respect 

 of agricultural lime and gypsum. The director or his authorized deputy may 

 cancel the certificate for any brand of fertilizer in respect to which the require- 

 ments of this section have not been complied with. Whoever sells, offers or 

 exposes for sale a fertilizer or brand of fertilizer without having filed the statement 

 and permit and paid the fee required by this section shall be punished by a fine 

 of not more than five hundred dollars. But no person shall be obliged to file a 

 statement or permit, or to pay the fee required by this section, for any brand of 

 fertilizer for which the statement and permit have been filed and for which the 

 fee has been paid by the manufacturer or importer of such brand. 



Certificate of Filing of Label, etc. Issue, Revocation, etc. Penalty for 

 Sale, etc., if Certificate not issued, etc. 



Section 256. When the certified copy of the label of any brand of fertilizer 

 has been filed, and the proper fees have been paid, the director shall issue a cer- 

 tificate to that effect; and the certificate shall authorize the sale, in compliance 

 with sections two hundred and fifty to two hundred and sixty-one, inclusive, of the 

 brand of fertilizer for which the certificate is issued, up to and including December 

 thirty-first of the year for which it is issued. The said director or his authorized 

 deputy may refuse to issue a certificate for any fertilizer or brand of fertilizer which 



