APPENDIX 601 



within the State, during the calendar year, said fee to be paid to the treas- 

 urer of the - - State Board of Agriculture: Provided, that whenever 

 the manufacturer or importer shall have paid the license fee herein re- 

 quired, any person previously certified to the Office of the State Board 

 of Agriculture to be an authorized agent for such manufacturer or im- 

 porter shall not be required to pay the fee named in this section. 



SECTION 4. All analyses of commercial fertilizers sold within the 

 State, shall be under the direction of the State Board of Agriculture, and 

 paid for out of funds arising from license fees, as provided for in Section 3. 

 At least one analysis of each fertilizer shall be made annually, from a 

 sample collected in the open market. 



SECTION 5. Any person or party who shall offer or expose for sale any 

 commercial fertilizer without complying with the provisions of Sections 

 i, 2, and 3 of this Act; or shall permit an analysis of such fertilizer 

 to be furnished, stating that it contains a larger percentage of any one 

 or more of the constituents named in Section i of this Act, than it really 

 does contain, shall be fined not less than two hundred dollars for the 

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

 offense; and the offender, in all cases, shall also be liable for damages 

 sustained by the purchaser of such fertilizer: Provided, however, that a 

 deficiency of one half per cent of the nitrogen, potassium, or phosphorus 

 claimed to be contained, shall not be considered as evidence of fraudulent 

 intent. 



SECTION 6. Suit may be brought for the recovery of fines or damages 

 under the provisions of this ACT, in the county where the fertilizer was 

 offered for sale, or where it was manufactured ; and all fines so recovered, 

 shall be paid into the treasury of the State Board of Agriculture by the 

 court collecting the same. The treasurer of the State Board of Agri- 

 culture, after payment of expenses for collecting and analysis, and the 

 publication of the annual report relating to the analysis, use, and results 

 obtained from fertilizers, shall on or before the first day of July pay into 

 the treasury of the State any surplus remaining in his hands, on account 

 of license fees and fines, received during the previous calendar year 

 through the provisions of this Act. 



SECTION 7. The State Board of Agriculture shall publish, annu- 

 ally, a correct report of all analyses made and certificates filed, together 

 with a statement of moneys received on account of license fees and fines, 

 and expended for analyses and publication of the report relating to 

 fertilizers. 



SECTION 8. The officers and members of the State Board of 



Agriculture or any person authorized by said board is hereby empowered 



