· Phosphoric Acid Ammonia Potash Available Insoluble Total Percent Percent Percent Percent Percent 14.00-16.00 1.00 2.00 15.00-17.00 1.00-2.00 The Packers' Fertilizer Association, Chicago, Ill.— 1.00 10.00 12.00 1.00 The Pittsburg Provision and Packing Co., Pittsburg, Pa.— The E. Rauh & Sons Fertilizer Co., Indianapolis, Ind.- 1.50 8.50 11.00 19.50 The Tennessee Chemical Co., Nashville, Tenn., and Louisville, Ky.- 4.00-5.00 4.00-5.00 3.00-4.00 4.00-5.00 16.00-17.00 8.00-9.00 2.00 3.00 [10.00-12.00 10.00-11.00 1.00 2.00 11.00-12.00 12.00-14.00 1.00 2.00 13.00-15.00 10.00-11.00 1.00 2.00 11.00-12.00 8.00-9.00 2.00 3.00 10.00-12.00 8.00-9.00 6.00-7.00 2.00-3.00 6.00 7.00 22.00-24.00 2.50 10.00 10.00 20.00 2.50 6.00 4.00 9.00 17.00 1.00 10.00 10.00 FERTILIZER LAW. FROM REVISED STATUTES OF OHIO. Law to Regulate the Manufacture and Sale of Commercial Fertilizers. SEC. 4446a. [How package containing commercial fertilizer to be marked.] Any person or company who shall offer, sell or expose for sale in this State, any commercial fertilizer, shall affix to every package, in a conspicuous place on the outside thereof, a plainly printed certificate stating the number of net pounds in the package sold or offered for sale, the name or trade mark under which the article is sold, the name of the manufacturer and the place of manufacture, and a chemical analysis stating the percentage of nitrogen, or its equivalent in ammonia, in an available form, of potash soluble in water, and of phosphoric acid, in an available form (soluble or reverted) as well as the total phosphoric acid. SEC. 44466. [Person offering same for sale to deposit sample with Secretary State Board of Agriculture.] Before any commercial fertilizer is sold or offered for sale, the manufacturer, importer, or party who causes it to be sold or offered for sale within the State of Ohio, shall file with the Secretary of the Ohio State Board of Agriculture a certified copy of the certificate referred to in Section One (4446a) of this act, and shall deposit with said Secretary, a sealed glass jar, containing not less than one pound of the fertilizer, accompanied with an affidavit that it is a fair average sample. SEC. 4446c. [Manufacturer, importer, or agent to pay license.] The manufacturer, importer or agent of any commercial fertilizer, shall pay, annually, on or before the first day of May, a license fee of twenty dollars on each brand, for the privilege of selling or offering for sale within the State, said fee to be paid to the Secretary of the Ohio State Board of Agriculture; provided, that whenever the manu facturer or importer shall have paid the license fee herein required, for any person acting as agent for such manufacturer or importer, such agent shall not be required to pay the fee named in this section. SEC. 4446d. [Analysis to be made by Secretary State Board of Agriculture.] All analyses of commercial fertilizers sold within the State shall be made by or under the direction of the Secretary of the Ohio State Board of Agriculture, and paid for out of the funds arising from license fees, as provided for in Section Three [4446c]. At least one analysis of each fertilizer sold shall be annually made. SEC. 4446e. [Secretary to publish, annually, report of analyses made and fees received.] Said Secretary shall publish annually, a correct report of all analyses made and certificates filed, together with a statement of moneys received on account of license fees and expended for analyses, and any surplus arising from license permits shall be placed to the credit of the agricultural fund. SEC. 4446f. [Penalty for exposing for sale or selling commercial fertilizers unlawfully.] Any person or party who shall offer or expose for sale, or sell, any commercial fertilizer without complying with the provisions of Sections 4446a, 4446b and 4446c of the Revised Statutes, or shall permit an analysis to be attached to any package of such fertilizer, stating that it contains a larger percentage of any one or more of the constituents named in said Section 4446a than it really does contain, shall be subject to a penalty of not less than two hundred dollars for the first offense, and not less than five hundred dollars for every subsequent offense, to be recovered in a civil action, and the offender, in all cases, shall also be liable for damages sustained by the purchasers of such fertilizers; provided, however, that a deficiency of one per cent. of the nitrogen, potash or phosphoric acid claimed to be contained, shall not be considered as evidence of fraudulent intent. SEC. 4446g. [Where suits to recover penalties may be brought.] Suit may be brought for the recovery of penalties under the provisions of this act in the court of common pleas of the county where the fertlizer was offered for sale, or sold, or where it was manufactured; and all penalties so recovered, shall be paid into the State treasury to the credit of the general revenue fund. SEC. 4446h. [Secretary of State Board of Agriculture may select samples to be analyzed.] The Secretary of the Ohio State Board of Agriculture, or any person by him deputized, is hereby empowered to select from any package of commercial fertilizer exposed for sale in any county in Ohio, a quantity not exceeding two pounds, which quantity shall be for analysis to compare with sample deposited with said Secretary, as provided in Section Two [4446b] of this act, and with the printed certificate found on the given package found on sale. SEC. 44461. [All suits under this act to be brought by Secretary State Board of Agriculture.] All suits for the recovery of fines under the provisions of this act, shall be brought by the Secretary of the Ohio State Board of Agriculture, in the name of the State of Ohio. SEC. 7002. [Unlawful sale of commercial fertilizer.] Whoever sells, exposes for sale, or offers for sale any commercial fertilizer without having complied with the provisions of Sections 4446a, 4446b and 4446c of the Revised Statutes shall be fined in any sum not exceeding two hundred dollars, or imprisoned not more than thirty days, or both, and said fine or imprisonment, or both, shall not be a bar to the recovery of the civil penalty provided for by Sections 4446f and 4446g of the Revised Statutes. |