466 



Fertilisers and Feeding Stuffs Act. [nov., 



{c) Sells for use as food for cattle or poultry any article which 

 contains any ingredient deleterious to cattle or poultry, or to 

 which has been added any ingredient worthless for feeding pur- 

 poses and not disclosed at the time of the sale. 



A person is not to be convicted of an offence under para- 

 graph {b) if he proves either — 



(i) That he did not know, and could not with reasonable 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 question, 

 and that he had no reason to believe 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. 



In any proceeding for an offence under this section it will be 

 no defence to allege that the purchaser, having bought only for 

 analysis, was not prejudiced by the sale. 



A prosecution for an offence under this section is not to be 

 instituted except with the consent of the Board of Agriculture 

 and Fisheries, and the Board are not to 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. 



Penalties are imposed for tampering with any sample taken 

 under the Act, or for obstructing the official sampler. 



Subject to the consent of the Board of Agriculture and 

 Fisheries referred to above, a prosecution may be instituted 

 either by the person aggrieved, or by the council of a county or 

 borough, or by any body or association authorized by the Board. 



A prosecution for an offence of causing or permitting an in- 

 voice or description to be false in any material particular is not 

 to be instituted under the Act — 



{a) After the expiration of three months from the date when 

 the invoice was received by the purchaser ; nor 



{b) Unless a sample for analysis has been taken, and an 

 analysis by the agricultural analyst has been made, and a 

 certificate of analysis has been given, in accordance with regula- 

 tions made under the Act. 



But the proceedings may be taken as well before the court 



