Fertilisers and Feeding Stuffs Act 1926
| Jurisdiction | UK Non-devolved |
Fertilisers and Feeding Stuffs Act, 1926.
(16 & 17 Geo. 5.) CHAPTER 45.
An Act to amend the law with respect to the sale of fertilisers and feeding stuffs.
[15th December 1926]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Civil Liabilities.
1 Obligation to furnish statutory statements.
(1) It shall be the duty of every person who sells for use as a fertiliser of the soil or as food for cattle or poultry any article included in the first column of the First or Second Schedule to this Act, whatever may be the name under which the article is sold, to give the purchaser on or before delivery, or as soon as reasonably practicable thereafter, a statement in writing (hereinafter referred to as a statutory statement) in such form (if any) as may be prescribed, containing the following particulars:—
(a ) the name under which the article is sold;
(b ) such particulars (if any) of the nature, substance, or quality of the article as are in relation to the article mentioned in the second column of such schedule;
(c ) where the article, if a feeding stuff, contains any ingredient included in the Third Schedule to this Act, the name of such ingredient:
Provided that the obligation so imposed shall not apply—
(i) to sales of two or more articles which are mixed at the request of the purchaser before delivery to him:
(ii) to sales of small quantities (that is to say, sales in quantities of fifty-six pounds or less) if the article sold is taken in the presence of the purchaser from a parcel bearing a conspicuous label on which are marked in the prescribed manner the particulars required by this section to be contained in the statutory statement.
(2) Failure to give a statutory statement in accordance with the provisions of this section shall not invalidate a contract for sale.
2 Warranties.
(1) A statutory statement given by the seller of any such article as aforesaid shall, notwithstanding any contract or notice to the contrary, have effect as a written warranty by the seller that the particulars contained in the statutory statement are correct.
(2) On the sale for use as food for cattle or poultry of an article included in the first column of the First or Second Schedule to this Act there shall be implied, notwithstanding any contract or notice to the contrary, a warranty by the seller that the article is suitable to be used as such, and does not, except as otherwise expressly stated in the statutory statement, contain any ingredient included in the Third Schedule to this Act.
(3) Where an article sold for use as a fertiliser of the soil or as food for cattle or poultry is in a statutory statement or other document described by a name specified in the first column of the Fourth Schedule to this Act, the sale of the article under that name shall have effect as a written warranty that the article accords with the definition thereof contained in the second column of that schedule.
(4) Any statement as to the amount of chemical or other ingredients or as to the fineness of grinding of an article sold for use as a fertiliser of the soil, or as to the amount of the nutritive or other ingredients of an article sold for use as food for cattle or poultry, which is made after the commencement of this Act in any written document (other than a statutory statement) descriptive of the article shall have effect as a warranty by the seller that the facts stated are correct.
(5) No action on any such warranty as is mentioned in this section shall lie for any mis-statement therein as to the particulars of the nature, substance or quality of the article or as to the amount of any ingredient where the mis-statement does not exceed the limits of variation (if any) prescribed under this Act in relation to such particulars or amounts, but where the misstatement exceeds such limits, the rights of the purchaser under the warranty shall not be affected by such limits.
3 Right of purchaser to have article sampled and analysed.
(1) The purchaser of any article included in the first column of the First or Second Schedule to this Act, or of any fertiliser or feeding stuff not included therein in respect of which a warranty, express or implied, has been given by the seller, shall, on payment of such fee (if any) as may be fixed under this Act, be entitled to have a sample of the article taken by an official sampler in the prescribed manner and analysed by the agricultural analyst, and to receive from the analyst a certificate of the result of his analysis:
Provided that a purchaser of an article who requires a sample to be taken under this section shall, if so requested, furnish to the official sampler who takes the sample the statutory statement or warranty relating to the article, or a copy thereof.
(2) A sample taken under this Act by an official sampler at the request of a purchaser shall be taken in the prescribed manner, and shall not be taken after the expiration of fourteen days from the delivery to the purchaser of the article sampled, or the receipt by the purchaser of the statutory statement or warranty, whichever date may be the later.
Criminal Liabilities.
4 Marking of articles prepared for consignment.
(1) Every parcel of an article included in the first column of the First Schedule to this Act when prepared for sale or consignment for use as a fertiliser of the soil or as food for cattle or poultry shall, if exposed for sale, or, if not exposed for sale, before being removed from the premises where it is so prepared, be marked in the prescribed manner with a mark or marks stating or indicating the particulars required by this Act to be contained in the statutory statement.
(2) Any person dealing in any such parcels may for the purposes of this section keep in such form (if any) as may be prescribed a register of marks specifying the particulars which the several marks entered in the register are used as indicating, and the marking of any parcel with any mark entered in the register shall, for the purposes of this section, be treated as indicating that the particulars of the article are those entered in the register in relation to the mark:
Provided that—
(a ) on the sale of any parcel so marked the mark shall be added to the statutory statement; and
(b ) where the statutory statement received by the seller on the sale to him of the parcel contains any such mark, and the parcel has not been on his premises, that mark shall be added by him to the statutory statement required to be given by him to a purchaser.
(3) If any parcel required under this section to be marked is not so marked, or if from the analysis of a sample of the parcel taken by an inspector in the prescribed manner on the premises on which the parcel is exposed for sale or on any premises on which the parcel after having been so marked may happen to be before being delivered to a purchaser or carrying agent, it appears that the particulars marked or indicated by a mark are false to the prejudice of the purchaser, or do not include any particulars which are required by this Act to be contained in the statutory statement, the person selling or having in his possession or disposition for the purpose of sale or consigning the parcel or exposing it for sale shall be guilty of an offence against this Act.
5 Consignments ex ship or quay.
(1) In the case of an article delivered or consigned direct from a ship or quay to a purchaser, the provisions of this section shall apply in lieu of the provisions of the last preceding section.
(2) The seller of an article included in the first column of the First Schedule to this Act and so delivered or consigned shall as soon as practicable enter in a register kept by him in such form (if any) as may be prescribed the following particulars:—
(a ) the date of delivery or consignment to the purchaser, the place of delivery to the purchaser or other destination, and the quantity delivered or consigned;
(b ) any shipping or other mark on the article;
(c ) the particulars which by this Act are required to be contained in the statutory statement.
(3) The seller of any such article shall be guilty of an offence against this Act—
(a ) if he fails to enter in his register any particular required by this section to be entered therein other than a particular required to be contained in the statutory statement; or
(b ) if any particular entered therein, other than a particular required to be contained in the statutory statement, is false in any material particular; or
(c ) if from the analysis of a sample of the article taken by an inspector in the prescribed manner on the quay or at the time of its delivery to the purchaser or during its transit to him it appears that any particular entered in the register, being a particular required to be contained in the statutory statement, is false to the prejudice of the purchaser, or that any particular required to be contained in the statutory statement is not entered in the register.
6 Sales in small quantities.
6. Where an article is sold for use as a fertiliser of the soil or as food for cattle or poultry in small quantities from a parcel which purports to be labelled in manner hereinbefore provided, and from an analysis of a sample thereof taken by an inspector in the prescribed manner on the premises on which the parcel is kept it appears that the particulars stated on...
To continue reading
Request your trial