19 



potash soluble in distilled water, or one per cent of phosphoric acid, or 

 five per cent of lime, or five per cent of magnesia, or which contains its 

 potash or phosphoric acid or lime or magnesia in forms substantially in- 

 soluble by the methods of analysis for commercial fertilizers prescribed 

 by the Association of Official Agricultural Chemists of North America, or 

 which does not possess substantial properties as a fertilizer. The said 

 director or his deputy may also refuse to issue a certificate for any fer- 

 tilizer under a name, brand, or trade mark which is untrue in any par- 

 ticular, or which, in his opinion, would be misleading or deceptive in any 

 particular, or would tend to mislead or deceive as to the constituents or 

 properties of said fertilizer. The director or his deputy may refuse to 

 issue more than one certificate for any fertilizer under the same name 

 or brand, or to issue a certificate for any fertilizer imder a name or 

 brand to the use of which the party is not lawfully entitled. Should a 

 certificate be issued for any fertilizer and it be discovered afterward that 

 the certificate itself, or the granting of it, or the manner of procuring 

 it, was in any respect in violation of any provision of this act, the said 

 director and his authorized deputy, shall have power to cancel the cer- 

 tificate. No commercial fertilizer or brand of fertilizer shall be sold or 

 offered or exposed for sale until a certificate has been issued by the 

 director or his authorized deputy, and any manufacturer, importer, or 

 other person who shall sell, or offer or expose for sale a fertilizer or brand 

 of fertilizer for which no certificate has been issued, or the certificate for 

 which has been cancelled, shall be punished by a fine not exceeding two 

 hundred dollars for each offence. 



Section 2. Section nine of chapter three hundred and eighty-eight of 

 the acts of nineteen hundred and eleven is hereby amended by inserting 

 after the word "with", in the tenth line, the words: — he may prescribe 

 and enforce such rules and regulations relative to the sale of commercial 

 fertilizers as he may deem necessary to carry into effect the full intent 

 and meaning of this act, — so as to read as follows: — Section 9. Any 

 person hindering or obstructing the director of the Massachusetts agri- 

 cultural experiment station, or any inspector or deputy of the said di- 

 rector, in the discharge of the authority or duty conferred or imposed by 

 any provision of this act and any person violating any provision of sec- 

 tions one, two, three, four and five of this act shall be fined not less than 

 fifty dollars and not more than two hundred dollars for each offence. It 

 shall be the duty of the said director to see that the provisions of this 

 act are complied with, he may prescribe and enforce such rules and regu- 

 lations relative to the sale of commercial fertilizers as he may deem neces- 

 sary to carry into effect the full intent and meaning of this act and he may, 

 in his discretion, prosecute or cause to be prosecuted any person violating 

 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 

 otherwise 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 



