of the said director to see that the provisions of this act are complied with, and 

 he may, in his discretion, prosecute or cause to be prosecuted any person vio- 

 lating any provision of this act. But no complaint based upon an analysis of 

 samples shall be made for any such violation, if the samples were taken other- 

 wise than as provided in this act. And no complaint shall be made for a failure 

 of any fertilizer or brand of fertilizer to meet the guaranteed analysis thereof if 

 the analysis of such fertilizer made by the director, or by his deputy or deputies, 

 shows the amounts of the constituents thereof to be substantially equivalent to 

 the percentages stated in the label of the fertilizer. 



Section io. All fees collected by the director of the Mas- 

 Analysis fees sachusetts Agricultural Experiment Station under the pro- 

 turned over to visions of this act shall be turned over by him to the treas- 

 treasurer. urer of the said station, and the amounts received and dis- 



Accounts to be bursed shall be kept in a separate account, and shall be 

 audited. audited and reported, as are other moneys placed in charge 



of the trustees of the Massachusetts Agricultural College. 

 The money collected under the provisions hereof shall be used under the author- 

 ity of the said director to meet the expenses incurred in carrying out the pro- 

 visions of the act, and should there be a surplus, the surplus shall be used in 

 the Massachusetts Agricultural Experiment Station, under the authority of its 

 director, for experiments and research relative to soils, fertilizers and manures. 

 Section ii. In this act unless the context or subject- 

 Definition of terms, matter otherwise requires, 



"Agricultural lime" includes all the various forms of lime 

 intended or sold for fertilizing purposes. 



" Available phosphoric acid " means the sum of the soluble and reverted phos- 

 phoric acid, except that, as applied to basic phosphatic slag, the term "available 

 phosphoric acid " shall mean that part of the phosphoric acid made soluble by 

 the Wagner Method, so-called, until such time as the Association of Ofhcial 

 Agricultural Chemists of North America shall adopt a method for basic phos- 

 phatic slag, after which it shall mean that part of the phosphoric acid made 

 soluble by the method of said association. 



" Brand " means any commercial fertilizer distinctive by reason of name, trade- 

 mark or guaranteed analysis or by any method of marking. 



" Commercial fertilizer " includes every natural or artificial manure containing 

 nitrogen or phosphoric acid or potash or lime, except the excrements and litter 

 from domestic animals when sold in their natural state ; but dried or partly dried 

 manure, pulverized or ground, shall be included as a commercial fertilizer. 



" Copy " means certified copy. 



" Fertilizer " means commercial fertilizer. 



" Importer " means a person who procures for sale in this commonwealth 

 commercial fertilizers made in other states or countries. 



"' Label " means printed label. 



" Lime " means calcium oxide (CaO). 



" Magnesia " means magnesium oxide (MgO). 



" Packages " includes sacks and bags and all other receptacles. 



" Person " includes a corporation or partnership or two or more persons hav- 

 ing a joint or common interest. 



" Phosphoric acid" means phosphoric anhydrid (PoO-). 



" Potash " means potassium oxide (KoO). 



Section 12. Sections eleven to seventeen inclusive of chapter fifty-seven of 

 the Revised Laws and chapter two hundred and eighty-nine of the acts of the 

 year nineteen hundred and seven are hereby repealed. 



Section 13. This act shall take effect on the first day of December in the 

 year nineteen hundred and eleven. {Approved May 4, iQii.) 



