632 



Official Circulars and Notices. 



[NOV., 



or feeding stuff exposed for sale, there is nothing to prevent him giving the retailer 

 three days' notice of his intention to sample the article at some premises stated in 

 the notice, so as to be in a position to institute proceedings if the invoice or 

 description given by the seller is false. 



The Board think that the compulsory provisions for taking samples contained in 

 Sections 3 (2) and 8 of the Act would be of use in the following circumstances : — 



(a) Where it is considered desirable to obtain information as to the nature of 

 articles supplied to a retailer. 



(6) Where an official sampler suspects that a manufacturer or wholesale dealer 

 is supplying a retailer with goods of such composition that an offence 

 arises under the Act, he can, under this provision, procure a sample of the 

 goods without obtaining the consent of the retailer. And if the sample 

 were taken within the prescribed period and three days' notice were given 

 to the wholesale dealer, proceedings might be instituted against the 

 wholesale dealer. 



(< ) Where an article, bearing a distinctive mark or brand, has been sold in 

 circumstances which constitute an offence under the Act, and the local 

 authority desire to obtain evidence on the question whether the defective 

 sample was exceptional or whether all the stock was of the same character. 



Appointment of Official Agricultural Analysts and Samplers. — The Board have 

 not made any regulations under Section 4 (1) of the Act as to the qualifications to be 

 possessed by official samplers ; but they think it clearly undesirable that any person 

 should be appointed as an official sampler who is engaged or interested in any trade, 

 manufacture or business connected with the sale or importation of articles used for 

 fertilising the soil or as food for cattle or poultry ; and it would be convenient if local 

 authorities, when submitting appointments of these officers to the Board for approval, 

 would state that the person appointed is not engaged or interested in any such trade, 

 manufacture or business. 



In many cases appointments of official agricultural analysts and official samplers 

 are made for a year. The formalities connected with the making and approval of 

 annual appointments involves the expenditure of an amount of time on the part of the 

 clerical staff of the Board and local authorities which is, in the aggregate, consider- 

 able, and I am to suggest that in many cases it would be found more convenient to 

 make these appointments " during the pleasure of the Council," with provision for 

 reasonable notice to the official concerned of any proposed change, instead of for a 

 specified period. The Board understand that the County Councils Association 

 consider that in the case of an official agricultural analyst six months' notice would be 

 reasonable. 



Prosecutions. — It would be convenient if, in communicating with the Board with 

 regard to proposed prosecutions under this Act, local authorities would specify 

 precisely the provision or provisions under which it is thought proceedings might be 

 taken, and would let each proposed prosecution form the subject of a separate 

 communication. This communication should include all available information bearing 

 on the question whether the seller has wilfully contravened the Act or has acted 

 negligently or fraudulently, and should contain a statement that the sample was 

 taken in accordance with the Act and Regulations. In the case of proposed prosecu- 

 tions under Section 6 (1) (b) of the Act, it is desirable that this information should, in 

 view of Section 9(1) (a) of the Act, reach the Board within five weeks of the date on 

 which the invoice was received by the purchaser. 



I am, &c, 



T K. Elliott, 



Secretary. 



