Fertilisers and Feeding Stuffs Act, 1906 



exceeding twenty pounds, and for any subsequent 



offence to a fine not exceeding fifty pounds : 



Provided that a person shall not be convicted of an 



offence under paragraph (b) of this subsection if he 



proves either 



(i) that he did not know, and could not with reason- 

 able care have ascertained, that the invoice or 

 description was false ; or 

 (ii) that he purchased the article sold with a written 

 warranty or invoice from a person in the 

 United Kingdom, and that that warranty or 

 invoice contained the false statement in ques- 

 tion, and that he had no reason to beHeve at 

 the time when he sold the article that the 

 statement was false, and that he sold the article 

 in the state in which it was when he purchased it. 



(2) In any proceeding for an offence under this 

 section it shall be no defence to allege that the purchaser, 

 having bought only for analysis, was not prejudiced 

 by the sale. 



(3) A prosecution for an offence under this section 

 shall not be instituted except with the consent of the 

 Board of Agriculture and Fisheries, and the Board shall 

 not give such consent until the part of the sample retained 

 by the agricultural analyst has been analysed, and a 

 certificate of analysis given, by the chief analyst. 



(4) In any prosecution under this section the summons 

 shall state particulars of the offences alleged, and also 

 the name of the prosecutor, and shall not be made 

 returnable in less time than fourteen days from the day 

 on which it is served, and there must be served therewith 

 a copy of any analyst's certificate obtained on behalf of 

 the prosecutor. 



7. If any person fraudulently — Penalties for 



(a) tampers with any article so as to procure that t3.mpenng. 



any sample of it taken under this Act does 

 not correctly represent the article ; or 



(b) tampers with any sample taken imder this Act ; 

 he shall be liable on summary conviction to a fine not 



161 M 



