Fertilizers and Feeding Stuffs Act

I / FERTILIZERS AND FEEDING STUFFS THE FERTILIZERS AND FEEDING STUFFS ACT ARRANGEMENT OF SECTIONS 1. Short title. Interpreiaf ion 2. Interpretation. Civil Liabilities 3. Obligation to furnish statutory statements. 4. Warranties. 5. Right of purchaser to have article sampled and analysed. Criminal Liabilities 6. Marking of articles prepared for consignment. 7. Sales in small quantities. 8. Deleterious ingredients in feeding stuffs. 9. Trade names under which fertilizers may be sold. 10. Failure to give and mis-statements in statutory statements. 11. Presenation of statutory statements. AdminiHrafive Provisions 12. Appointment and powers of inspector. 13. Provisions as to analysis of samples. 14. Tampering with samples. 15. Obstruction of inspectors. 16. Prohibition against disclosures. Legal Prmeedings 17. Penalties for offences. 18. General provisions as to legal proceedings. General 19. Regulations. 20. Exemption for certain sales. SCHEDULES W e inclusion of this pege is authorized by L.N. 480/1973] FERTILIZERS A N D FEEDING STUFFS 3 THE FERTILIZERS AND FEEDING STUFFS ACT C a p . 1 ~ . [14rh May, 1942.1 1. This Act may be cited as the Fertilizers and Feeding m ~ t t i t i e . Stuffs Act. Interpretarion 2 4 1 ) In this Act “cattle” means bulls, cows, oxen, heifers, calves, sheep, goats and swine; “inspector” means (U) an inspector of agricultural produce appointed as such under the Agricultural Produce Act; or (b) any person appointed under section 12 of this Act; “purchaser” includes any person other than a carrying “small quantities” means quantities of fifty-six pounds or (2) An article consigned to a purchaser shall not for the purposes of this Act be deemed to be delivered to him until it arrives at the place to which it is consigned, whether the consignment is by direction of the seller or the purchaser. (3) Where an article is delivered to a purchaser in two or more consignments, this Act shall apply to each consignment as though it were a separate article. Inttrprtta lion. agent acting on behalf of a purchaser; less. me inclusion of this page is authorized by L.N. 480119731 4 FERTZLlZERS AND FEEDING STUFFS (4) Where the method of analysis for determining the amount of any substance contained in an article is prescribed under this Act, any statement in any statutory statement or document which by virtue of this Act takes effect as a warranty, and any mark on an article stating or indicating the amount of such substance, shall be taken to be a statement of the amount of the substance as determined by analysis in accordance with the method so prescribed. ( 5 ) Particulars as to the nature, substance. or quality of an article marked or indicated by a inark shall not, for the purposes of this Act, be deemed to be false to the prejudice of the purchaser if the misstatement as respects any ingredient does not exceed the limits of variation (if any) prescribed under this Act in relation thereto. (6) Where for the purposes of this Act the expres sions “percentage of soluble phosphates” and “percentage of insoluble phosphates” are used in statements of equiva lents, they shall be taken to mean respectively the percent age of tribasic phosphate of lime which has been, and that which has not been, rendered soluble in water. Civil Liabilities 3.-(1) It shall be the duty of every person who sells for use as a fertilizer of the soil or as food for cattle or poultry any article included in the first column of the First or Second Schedule, whatever may be the name under which the article is sold, to give the purchaser on or before de livery, 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, con taining the following particulars (U) 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; Obligation SfatutOry *btement5. Second to furnish First and Schedules. [The inclusion of, thin page is auihorized by L.N. 480j 19731 FERTILIZERS A N D FEEDING STUFFS 5 (c) where the article, if a feeding stuff, contains any ingredient included in the Third Schedule, the name Third of such ingredient : Schedule. Provided that the obligations so imposed shall not apply (i) (ii) to sales of two or more articles which are mixed at the request of the purchaser before delivery to him; to sales of small quantities if the article sold is taken in the presence of the purchaser from a parcel bearing a conspicuous label on which are irarked 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 accord ance with the provisions of this section shall not invalidate a contract for sale. 4.-(1) A statutory statement given by the seller of any Warranties. article referred to in subsection (1) of section 3 shall, not withstanding 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 Firstand Second Schedule there shall be implied, notwithstanding %heduies 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 exuresslv stated in the statu Second tory statement; contain any ingrehient included in the Third Third Schedule. Schedule. (3) Where an article sold for use as a fertilizer of the soil or as food for cattle or poultry is in a statutory state ment or other document described by a name specified in the first column of the Fourth Schedule, the sale of the Fourth article under that name shall have effect as a written [The inclusion of this page is authorized by L.N. 480/1973] 6 FERTILIZERS A N D FEEDING STUFFS 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 fertilizer 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 docu ment (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 parti culars or amounts, but where the mis-statement exceeds such limits, the rights of the purchaser under the warranty shall not be affected by such limits. Right of S.-(l) The purchaser of any article included in the first article column of the First or Second Schedule, or of any fertilizer samplcdand a na 1 y se d, or feeding stuff not included therein in respect of which ~ j , ~ ~ ~ ~ d 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 inspector in the prescribed manner and analysed by a person (hereinafter referred to as “the Analyst”) ap pointed in that behalf by the Minister, 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 inspector who takes the sample the statutory statement or warranty relating to the article, or a copy thereof. purchaser to Second [The mclusion of this page is authorized by L.N. 480/1973] FERTILIZERS AND FEEDING STUFFS I (2) A sample taken under this Act by an inspector 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 column of the First Schedule when prepared for sale or consignment for use as a fertilizer of the soil, or as food ;$;,E" for cattle or poultry, shall, if exposed for sale, or, if not ~i~~~ exposed for sale, before being removed from the premises SFheduls. 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 state ment. (2) 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 incIude 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. 7. Where an article is sold for use as a fertilizer of the soil or as food for cattle or poultry in small quantities from quantities. a parcel which purports to be labelled in the manner pro vided by section 3, and from an analysis of a sample 6 . 4 1 ) Every parcel of an article included in the first Markingof articles pie IThc inclusion of this page is authorized by L.N. 480/1973] 8 FERTILIZERS A N D FEEDING STUFFS Deleterious ingredienls in feeding stuffs. Fifth Schedule. 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 the label are false to the prejudice of the purchaser, or do not include any particulars which are required by this Act to be contained in a statutory state ment, the owner or seller shall be guilty of an offence against this Act. 8.--(1) Any person who sells, or offers or exposes for sale, for use as a fertilizer of the soil any article containing suficient destructive ingredients or properties which may prove harmful to plant growth when the article is used in a reasonable manner, or for use as a food for cattle or poultry any article which contains any ingredient deleterious to cattle or poultry, or has in his possession packed or pre pared for sale m y such article, shall be guilty of an offence against this Act unless he proves (a) that he did not know and could not with reason able care have known that the article contained a deleterious ingredient; and (b) where he obtained the article from some other person, that on demand by or on behalf of the prosecutor he pave all the information in his power with respect to the person from whom he obtained it, and as to the statutory statement given to him, and as to any mark applied to the article when he obtained i t : Provided that proceedings for an offence under this section shall not be instituted unless the article has been sampled by an inspector in the prescribed manner on the premises on which it was sold or exposed or offered for sale, or on which it was when prepared for sale or consignment, and the sample has been analysed in accordance with the provisions of this Act. (2) Any substance mentioned in the Fifth Schedule shall, if present in a fertilizer of the soil or a feeding stuff, Fhe inclusion of thispage 1s authorized by L.N. 480119731 FERTILIZERS AND FEEDING STUFFS 9 or where a maximum quantity with regard to the substance is indicated in the Fifth Schedule, if present in excess of that quantity, as the case may be, be deemed to be a dele terious ingredient unless the contrary be proved. 9.-(1) No trade name under which a fertilizer of the Tradenames under whlch soil, or mixture of fertilizers, is offered for sale shall include ferollzers the name or other designation of any flower, garden or field 2;. be crop or group of crops, or type or types of soils. (2) Every person who sells, or offers or exposes for sale, any fertilizer of the soil in contravention of the pro visions of this section shall be guilty of an offence against this Act unless he proves that he did not know, and could not with reasonable care have known, that the trade name included the name or other designation of any flower, garden or field crop or group of crops, or type or types of soil. 10.-(1) Every person who- Failure to give and (U) fails to give a statutory statement in such form, mls-sfate if any, as may be prescribed in any case where he (b) fails to add to a statutory statement any mark which by virtue of this Act is required to be added thereto, is required by law so to do; or statements. shall be guilty of an offence against this Act. (2) Every person who, on the sale of any article included in the first column of the First Schedule, gives a First statutory statement in which the particulars stated therein differ (a) from the particulars marked or indicated by a mark placed on a parcel of the article in accord ance with this Act; or (b) in the case of an article which has not been on the premises of the seller, from the particulars stated Schedule. me inclusion of this page is authorized by L.N. 480119731 10 FERTILIZERS AND FEEDING STUFFS in the statutory statement given to the seller in respect of the article, shall be guilty of an offence against this Act, unless he proves that he took all reasonable steps to avoid committing the offence and that he acted without intent to defraud. Preservation 11.-(1) Every person to whom a statutory statement Of statutory slatcmenis. Appoint ment and powers of inspector. First Schedule. Second Schedulc. Provisions as to of samplcs. aMlYSk relating to an article, which has been sold by him but has never been on his premises, has been sent shall (a) preserve such statement for a period not exceeding four months; and (b) on demand by an inspector within such period produce it for his inspection and allow him to take copies thereof. (2) Every person who contravenes or fails to comply with the provisions of this section shall be guilty of an offence against this Act. Administrative Provisions 12.-(I) The Governor-General may, from time to time, appoint any person to be an inspector for the purposes of this Act, and such person shall hold office during pleasure. (2) An inspector may at all reasonable times enter any premises in which he has reasonable cause to believe that there is any article included in the first column of the First Schedule which has been prepared for sale or con signment, or any article included in the first column of the First or Second Schedule which is stored for use and not for sale or manufacture, and may take samples in the pres cribed manner of any article on such premises which he has reasonable cause to believe to be such an article. 13.-(1) Where a sample has been taken by an inspector in the prescribed manner, he shall divide it into three parts and cause each part to be marked, sealed and fastened and he shall send two of the parts to the Analyst together me inclusion of this page is authorized by L.N. 480119733 FERTILIZERS AND FEEDING STUFFS 11 with a signed statement that the sample was taken in the prescribed manner, and the third part he shall deliver or send to the owner or seller, as may be prescribed. (2 ) Where a sample submitted to the Analyst has been so divided into parts, the Analyst shall analyse one of the parts of the sample sent to him and shall retain the other for such period as may be prescribed. (3) Where a sample or part of a sample is under this section sent for analysis to the Analyst, there shall also be sent to him any statutory statement or warranty relating to the article sampled or a copy thereof, or a copy of the particulars marked on or indicated by a mark applied to the article. (4) A certificate of analysis shall be signed by the Analyst, but the analysis may be made by any person acting under the direction of the Analyst. (5) Where a sample taken in the prescribed manner has been analysed by the Analyst, he shall furnish to the person who submitted the sample for analysis and, where that person is not the purchaser, also to the purchaser, and in every case to the owner or seller of the article, his certificate of analysis : Provided that, if the Analyst does not know the name and address of the owner or seller, he shall send his certifi cate intended for the owner or seller to the person who sub mitted the sample, and that person shall forward it to the owner or seller. 14. Every p m o n who fraudulently- Tampering with (a) tampers with any article so as to procure that any samples. sample of it taken or submitted for analysis under this Act does not correctly represent the article; or (b) tampers or interferes with any sample taken or submitted for analysis under this Act, [The inclusion of his page is authorized by L.N. 480119731 12 FERTILIZERS A N D FEEDING STUFFS shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding one hundred dollars or to imprisonment with hard labour for any term not exceed ing six months. Obstruction tors. 15. If the owner, or person entrusted for the time being with the charge and custody of any article, refuses to allow an inspxtor to take a sample of the article on any premises on which he is authorized under this Act to take a sample. or if any person otherwise wilfully delays or obstructs any inspector in the execution of his duties under this Act, he shall be guilty of an offence against this Act : Provided that an inspector seeking to exercise his powers under this Act shall, if so required, produce evidence of his appointrr.ent or authority. of inspec Prohibition 16. If any inspector discloses any information obtained disclosures. by him in or in connection with the exercise of his powers under this Act, except to persons acting in the execution of this Act and so far as such information may be neces sary for the execution thereof, he shall be liable on sum mary conviction before a Resident Magistrate to a fine not exceeding one hundred dollars or to inprisonment with hard labour for any term not exceeding three months. Legal Proceedings 17. Every person guilty of an offence against this Act for which no spzcial penalty is provided by this Act shall on summary conviction before a Resident Magistrate be liable (a) in the case of a first offence, to a fine not exceeding forty dollars or in default of payment to imprison ment with hard labour for any term not exceeding three months; and (6) in the case of a second or subsequent offence, to a fine not exceeding one hundred dollars or in default sgainst Pcnaltics for oticnccs. me inclusion of this page is authorized by L.N. 480119731 FERTILIZERS AND FEEDING STUFFS 13 of payment to imprisonment with hard labour for any term not exceeding six months. 18.-(1) Where proceedings under this Act are taken General against a person in respect of causing or permitting any astoicgal name, mark, or particulars to be false, or for failure to proceulings. state the presence in a feeding stuff of an ingredient included in the Third Schedule, he shall not be liable to Third conviction if he proves prO"l5lO"S Schedule. (a) that having taken all reasonable precautions against committing an offence against this Act he had not at the time of committing the alleged offence reason to suspect the correctness of the mark or entry, or the presence of such ingredient, as the case may be; and (b) that he obtained the article from some other per son, and that on demand by or on behalf of the prosecutor he gave all the information in his power with respect to the person from whom he obtained it, and as to the statutory statement given to him, and as to any mark applied to the article which he obtained. (2) A prosecution in respect of causing or permit ting any name, mark, or particulars to be false, or in respect of the presence of any ingredient included in the Third Schedule, or of any deleterious ingredient, shall not be instituted under this Act after the expiration of six months from the date on which a sample of the article was taken in the prescribed manner. (3) In any proceedings for an offence under this Act, it shall be no defence to allege that a sample having been taken for analysis only there was no prejudice to the purchaser. (4) Where a sample which has been taken in the prescribed manner by an inspector and has been divided [The inclusion of this page is authorized by L.N. 480119731 14 FERTILIZERS A N D FEEDING STUFFS into parts and marked, sealed, and fastened in accordance with section 13, has been analysed, the Analyst's certificate shall, on the hearing of any civil or criminal proceedings with respect to the article sampled, be sufficient evidence of the facts therein stated, unless the defendant or person charged requires that the person who made the analysis be called as a witness. General 19. The Minister may make regulations for prescribing anything which under this Act is required or authorized to be prescribed, and generally for carrying this Act into operation, and in particular such regulations may provide (a) for varying any of the Schedules; (b) for prescribing the manner in which articles required to be marked under this Act are to be marked and the nature of such marks; (c) for prescribing the limits of variation for the purposes of this Act; (ci) for prescribing the manner in which samples are to be taken and dealt with in cases where under this Act they are taken in the prescribed manner; (e) as to the method in which analyses for determining the percentages of particular substances are to be made, and where any Schedule is varied by regulations so made, this Act shall have effect as if the Schedule as so varied were substituted for the Schedule contained in this Act. 20. This Act shall not apply to the sale of an article used as a fertilizer of the soil, or as a food for cattle or poultry, where the sale is in exercise of a statutory power to enforce a right or to satisfy a claim or lien, or where the sale is made by a bailiff, or other officer to satisfy a writ of execution, or warrant or decree of any court, or a distress for rent or warrant of distress. Regulations. ~ ~ ~ ~ ~ t i ~ ~ for certain Sales. [The inclusion of this page is authorized by L.N. 480/1973] FERTILIZERS AND FEEDING STUFFS 15 FIRST SCHEDULE Sections 3(1), 4(2), XI) , 6(1), lO(2). 12(2). Articles to which all the provisions of ihis Act are applicable PART I. Feriilizeer Particulars to be contained Article in statutory statement Basic slag. Amount of phosphoric acid. Amount of the article that will pass through a prescriM sieve. Basic superphosphate. Amount of total and water solu ble phosphoric acid. Bone meal or other product (ex- Amount of nitrogen and phos cludmg dissolved or vitriolized phoric acid respectively. bone) obtained by grinding or otherwise treating bone, used for fertilizing purposes. Calcium Cyanamide. Amount of nitrogen. Compound fertilizers, that is to say, Amounts (if any) of nitrogen. mixtures of any article or of two acid and insoluble phosphoric or more articles mentioned m acid respectively, and the this Part of this Schedule or in potash, soluble phosphoric Part I of the Second Schedule amounts (if any) of the follow with a n y other such article or ing material articles or with any other sub- (a) leather, hoof, horn, hair. stance. wool-waste; ( b ) peat, soil, sand, com (c) garbage, tankage: (d) any other filler; post: except where such materials have been treated in such a manner as to make the nitro gen, potash, or phosphoric acid, therein available, as determined by such methods of analysis as may bc pre scribed. Dissolved or vitriolinxi bone. Amounts of nitrogen, soluble phosphoric acid and insoluble phosphoric acid respectively. lThe inclusion of this page is authorized by L.N. 480/19731 16 FERTiLiZERS AND FEEDING STUFFS Particulars to be contained in Article statutory statement ~ Fish residues or other product Amounts of nitrogen and phos obtained by drying and grinding or otherwise treating fish or fish waste, used for felltilizing pur poses. Guano, including Peruvian Bat and Amounts of nitrogen, phosphoric other raw guanos. acid and potash respectively. Hoofs and horns. Amount of nitrogen. Meat and bone residues, or any pro- Amounts of nitrogen and phos duct not specifically mentioned phoric acid respectively. elsewhere. in this Part of this Schedule obtained by drying and grinding or otherwise treating, bone, flesh, flesh fibre (including whale meat) and other slaughter house residues, used for fertiliz ing purposes. Nitrate of Ammonia. Nitrate of Lime. Nitrate of Potash. Nitrate of Soda. Nitrate of Soda-Potash. Nitro-chalk Amount of nitrogen. oi l seed fertilizers, including castor Amount of nitrogen. meal. mowrah meal, rape meal; or my residue which is obtained by the removal of oil. Phosphate of Ammonia. Potassium salts used as fertilizers. Amount of potash. phoric acid respectively. h o u n d of nitrogen. Amount of nitrogen. Amounts of nitrogen and potash Amount of nitrogen. Amounts of nitrogen and potash respectively. respectively. Amounts of nitrogen and phos phoric acid respectively. including kainit, extra kainit, sylvinite, potash, manure salt, muriate o€ potash, sulphate of potash and sulphate of potash magnesia. Raw phosphate or phosphate rock, Amount of phosphoric atid. ground or unground. Amount that will pass through a prescribed sieve. [The inclusion of this page E. authorized by L.N. 480/19731 FERTILIZERS AND FEEDZNG STUFFS 17 Article Sulphate of ammonia. Superphosphate. Particulars to be contained in statutory statement Amount of nitrogen and amount Amount of soluble phosphoric of free acid. acid. I . . The provisions of this Part shall apply to any article described therein under whatever name it may be sold or offered for sale and notwithstanding that it contains a substance not mentioned in this Part. The amount, in each case, is to be stated as a definite percentage of the weight of the anicle, and not as a range of percentages. Nitrogen is to be stated in terms of nitrogen. (N). Phosphoric acid, soluble phosphoric acid and insoluble phosphoric Potash is to be stated in terms of potassium oxide (K,O). Free acid is to be stated in terms of sulphuric acid (HSO,). acid are to be stated in terms of phosphoric anhydride (P20j). Article PART 11. Feeding S~uf l s Coconut or wpra cake or meal. Compound cakes or meals, that is to say, any cakes or meals (other than molasses feeds) consisting of a mixture of any article or of two or more articles mentioned in this Part of this Schedule or in Part I1 of the Second Schedule with any other such article or articles or with any other substance, or any cakes or meals produced by grinding, crushing, or otherwise treating together. or by mixing together after being separately crushed, ground or otherwise separately treated, any two or more raw materials out of which such articles are produced or any one or more of such materials with any other substance or sub stances. Cotton cakes or meals, not decorti cated. Cotton cakes or meals from de corticated or partly decorticated cotton seed. . . Particulars to be contained in st+>utory statement Amounts of oil and albuminoids (protein) respectively. Amounts (if any) of oil. albumin oids (protein) and fibre respec tively. Amounts of oil and albuminoids (protein) respectively. Amounts of oil, albuminoids (protein) and fibre respec tivelv. [ T ~ P inclusion of this page is authorized by L.N. 480/1973] 18 FERTILIZERS AND FEEDING STUFFS Particulars to be contained Article in statutory statement Feeding bone meal, ground bone, Amounts of phosphoric acid and or any other bone product for albuminoids @rotein) respec feeding purposes. tively. Feeding meat and bone meal, or Amounts of oil, albuminoids any other product of meat (in- (protein) and phosphoric acid cluding whale meat) and bone for respectively. feeding purposes. Ground Oats. None. Linseed cakes and the meals of Amounts of oil and albuminoids Linseed meal. Amount of oil. Maize by-products. Amounts of oil, albuminoids (protein) and fibre respec tively. such cakes. (protein) respectively. Maize meal; Indian meal. None. Molasses feeds, including any feed- Amounts of sugar and fibre ing stuffs, mmposed of treacle or molasses with an absorbent, con taining not less than 10 per cen turn of sugar. specifidly mentioned in this (protein) respectively. Schedule which are the product of any one undecorticated sub stance or seed from which Oil has been removed. Oil cakes or meals not otherwise Amounts of oil, albuminoids specifically mentioned in this (protein) and fibre respec Schedule which are the product of any one decortiated or partly dewrticated substance or seed from which oil has been removed. Rice bran or rice meal or the by- Amounts of oil, albuminoids product produced in milling (protein) and fibre respec shelled rice. tively. Soya cake or meal. Amounts of oil, albuminoids (protein) and fibre respec tively. respectively. Oil cakes or meals not otherwise Amounts of oil and albuminoids tively. Treacle or molasses. Wheat meal. None. Wheat 05als, or millers’ OffdS. Amount of sugar. Amount of fibre. mhe inclusion of this page is authorized by L.N. 480/19731 FERTILIZERS A N D FEEDING STUFFS 19 The provisions of this Part shall apply to any article described therein under whatever name it may be sold or offered for sale, and notwithstanding that it contains a substance not mentioned in this Part. The amount, in each case, is to be stated as a definite percentage of the weight of the article, and not as a range of percentages. Phosphoric acid is to be stated in terms of phosphoric anhydride (P205). Amount of albuminoids (protein) means the amount of nitrogen. other than ammoniacal or nitric nitrogen, if present, multiplied by 6.25. Wherever albuminoids are slated in accordance with the provisions of this Part the word “albuminoids” is to be followed by the expression “(protein)”. SECOND SCHEDULE Sections 3(1), 4(2), 5(1). 12(2) Articles to which some only of the provisions of this Act are applicable PART I. Fertilizers Particulars to be contained Article in statutory statement Calcium hydrate; calcium hydrox- Amount of calcium hydroxide ide; slaked lime. and equivalent of calcium oxide. Chalk, ground. Amount of calcium carbonate and equivalent of calcium oxide. Dried blood for fertilizing purposes. Amount of nitrogen. Dried carbonate of lime not other- Amount of calcium carbonate wise specifically mentioned in and equivalent of calcium this Schedule. oxide. Lime mixtures containing two or Total amount of calcium more of the forms of lime men- (expressed as calcium oxide) tioned in this Schedule, but not present as calcium oxide, cal including waste lime sold as such. cium hydroxide and calcium carbonate. Limestone, ground. Amount of calcium carbonate and equivalent of calcium oxide. Amount that will pass through a prescribed sieve. Precipitated bone. Quick lime, ground or otherwise. Shoddy. None. Amount of phosphoric acid. Amount of calcium oxide. [The inclusion of this page is authorized by L.N. 480/1973] 20 FERTILlZERS A N D FEEDING STUFFS The provisions of this Part shall apply to any article described therein under whatever name it may be sold or offered for sale, and notwithstanding that it contains a substance not mentioned in this Part. The amount. in each cate, is to be stated as a definite percentage of the weight of the article, and not as a range of percentages. Nitrogen is to be stated in terms of nitrogen. Phosphoric acid is to be stated in terms of phosphoric anhydride Calcium carbonate is to be stated in terms of calcium carbonate Calcium hydroxide is to be stated in terms of calcium hydroxide (Ca (HOM. Calcium oxide is to be stated in terms of calcium oxide (GO). tP90,). (CaC03. PART 11. Feeding Stlrgs Particulars to be contained Article in statutory statement Alfalfa (Lucerne) Meal. Amount of fibre. Clover meal. Amount of fibre. Feeding dried blood. Amount of albuminoids (protein). The provisions of this Part shall apply to any article described therein under whatever name it may be sold or offered for sale and notwithstanding that it contains a substance not mentioned in this Part. The amount, in each case, is to be stated as a definite percentage of the weight of the article, and not as a range of percentages. Amount of albuminoids (protein) means the amount of nitrogen, other than ammoniacal or nitric nitrogen, if present multiplied by 6.25. Wherever albuminoids are stated in acoordance with the provisions of this Part the word “albuminoids” is to be followed by the expression ‘‘(protein)’’. THIRD SCHEDULE Sections 3(l)(c). 4(Z), 18(1) (2) Ingredients in Fecding Stuffs the presence of which must be declnred (a) Husks, chaff, glumes. shudes, hulls nutshells or skins of nuts, from any source, whether ground or unground. treated or un. treated, when used as separate ingredients or artificial mix. tures in the manufacture of feeding stuffs. Where the kernels naturally associated in seds with one or other of the above materials are present in a feed ing stuff along with the materials with which they are SO [The inclusion of this page is authorizcd by L.N. 480/1973] FERTILIZERS A N D FEEDING STUFFS 21 associaled, regard shall be had to the proportion of the above materials that might reasonably be expected to accom pany such kernels when the seed from which they are derived is in its natural condition, provided that feeding in this condition is regarded as a common practice in the feedin! of livestock. (b) Peat, peat moss. spent hops or sugar cane pith. treated or untreated, ground or otherwise. (c) Wheat or rye straw, ground or otherwise. ( d ) Sawdust or any other form of wood, treated or untreated. FOURTH SCHEDULE Section 4 (3) P ~ R T I. Fertilizers A. CHEMICAL FERTILIZERS Name under which Article Sold Implied Definition Basic slag. A by-product containing phos phorus obtained in the manu facture of steel and to which no addition has been made at the time o€ leaving or after i t has left the furnace. A non-acid phosphate produced by mixing lime with super phosphate of lime and to which no other matter has been added. Basic Superphosphate. Calcium Cyanamide. Commercial calcium cyanamide. Calcium Hydrate; Calcium Hydrox- Commercial hydroxide of lime. Chalk, ground. The product obtained by grind ing cretaceous limestone. to which no other matter has been added. Mixtures of any article or of two or more arlicles mentioned in Part I of the First Schedule or in Part I of the Second Schedule with any other such article or articles or with any other substance. DissoIved or vitriolized bone. Commercially pure hone which has been treated with sul phuric acid. ide; Slaked Lime. Compound of fertilizers. [The inclusion of this page is auihrized by L.N. 450/19731 22 FERTILIZERS A N D FEEDING STUFFS Name under which Article Sold Dried Carbonate of Lime not other- A product, consisting principally wise specifically mentioned in of calcium carbonate arising as Part I of the Second Schedule. a by-product in manufacturing and other processes. The product obtained by grind ing sedimentary rock consist ing largely of carbonate of lime, to which no other matter has been added. Muriate of Potash. Potassium chloride for fertilizing purposes. Nitrate of Ammonia. Ammonium nitrate for fertilizing purposes. Nitrate of Lime. Calcium nitrate for fertilizing purposes. Nitrate of Poiash. Potassium nitrate for fertilizing purposes. Kitrate of Soda. Sodium nitrate for fertilizing purposes. Nitro-chalk. The product obtained by mixing ammonium nitrate with cal cium carbonate and contain ing not less than 1.5% of water soluble nitrogen in the forms of nitrate and ammoniacal nitrogen, Phosphate of Ammonia. Monodi-tri-ammonium p h o s phates or mixtures of any two or more of these chemicals for fertilizing purposes. Phosphatic cave manure. Mineralized phosphatic c a v e deposits resulting from excre ments of birds or bats. An insoluble calcium phosphate prepared by treating wmmer cially pure bone with acid, and precipitation of phosphate from the solution. Implied Definition . Limestone, ground. Precipitated hone. Quicklime, ground or othem’se. Raw Phosphate or phosphate Rock, The substance obtained f r o m ground or oiherwise. mineral calcium phosphate deposits, to which no other matter has been added. [The inclusion of lhis page is authorized by L.N. 480/1973] Commercial calcium oxide. FERTILIZERS A N D FEEDING STUFFS 23 Name under which Article Sold Implied Dehition ~ Sulphate of Ammonia. Ammonium sulphate for fertiliz ing purposes. Sulphate of Potash. Superphosphate. . . Potassium sulphate for fertiliiz ing purposes. A mineral subslance containing water soluble phosphate of lime. B . ~ R G A N I C FERTILIZERS Name under which Article Sold Implied Definition Bone meal; bone 00ur. Commercially pure bone, raw or degreased, which has been ground or crushed. .4nimal bone deprived of fat and collogen, dried and ground. The residue which is obbined by the removal of oil from com mercially pure castor seed. Compost; gardener’s compost: Homogeneous and friable mix humus and leaf mould. tures of earth and well rotted organic matter, to which no other matter has been added. Blood which has been dried, to which no other matter has been added. Dried, pulverized, or shredded Manure of any animal which has manures. becn dried, pulverized or shredded, to which no other matter has been added. Fish Guano: fish manure. A product obtained by drying and grinding or otherwise treating fish or fish waste, to which no other matter has been added. Bone Phosphate. Castor meal. Dried blood manure. Garbage. Garbage tankage. Refuse animal or vegetable mat ter from kitchens. The rendered, dried and ground product derived from waste household food materials. Hoofs. The product obtained by crush ing or grinding hoof, to which no other matter has ban added. Hoofs and horns. A mixture of hoof and horn. crushed or ground. to which [The inclusion of this page is authorized by L.N. 480/19733 FERTILIZERS AND FEEDING STUFFS Name under which Article Sold Implied Definition no other matter has been added. The product obtained by crush ing or grinding horn, to which no other matter has been added. Hut-bed manures. Fresh horse excrement mixed with litter, capable of heating U n d e r general atmospheric conditions and containing no added water. Meat and hone manure; meat The product of drying and grind Horns. meal; carcase meal. in; or otherwise treating bone, flesh, flesh fibre, (including whale meat) and other slaugh: terhouse residues, to which no other matter has been added Decomposed sewage or other or ganic matter, dried and ground and containing no less than 6% of total nitrogen and 2% of phosphoric acid. Paunch manure. Slaughterhouse refuse and offal mixed with straw or other organic absorbent and wntain ing no added water. Raw guano or hat manurc. The excrement and remains of birds, or bats, containing both nitrogen and phosphorous and more than 10% organic mat ter, prepared for use by screen ing where necessary. but to which no addition has been made. Rotted barnyard, stable, stockyard Manure from these sources when well rotted in the pile and con taining no added water. Slaughterhouse fish or cannery Refuse from slaughterhouses, refuse. abattoirs, rendering plants, glue factories and the fish in dustries. Steamed bone flour; steamed bone Commercially pure bone f r o m meal. w h i c h nitrogen has bcen Stockyard manure. Animal excrement mixed with mbe inclusion of this pwe is authorized by L.N. 480/19731 Organite. or paunch manure. removed by steam. FERTILIZERS AND FEEDING STUFFS 25 Compound cakes or meals. Name under which Article Sold Implied Definition litter as taken from the stock yards and containing no added water. Tankage; animal tankage. Animal tissue, blood, bone and waste, treated under live steam, dried and ground. PART 11. Feeditzg St& Name under which Article Sold Implied Debition Bean meal. The meal obtained by grinding commercially pure beans of the species (1) Vivia f a h (syn onym F a h vulgaris) or any of its varieties commonly known as ‘horse bean’, or ‘field bean’ or ‘broad beans’; or (2) Phase o h s vulgaris, the true haricot bean or any of its varieties, white or coloured. Cakes or meals (other than molasses feeds) consisting of a mixture of any article or of two or more articles mentioned in Part II of the First Schedule or in Part I1 of the Second Schedule with any other such article or articles or with any other substance, or any cakes or meals produced by grinding, crushing, or otherwise treating together, or by mixing together after being separately crushed, ground or otherwise separately treated, any two or more raw materials out of which such articles are produced or any one or more of such materials with any other substance or substances. Cornmeal, maize meal; Indian Tbe meal obtained by grinding meal. commercially pure maize or Cotton cakes or meals not decorti- The residue resulting from the cated. removal of oil from commer cially pure cotton seed, not decorticated. Indian corn, as grown. mho inclusion of this paae in authorid by L.N. 480/19731 26 FERTZLZZERS AND FEEDING STUFFS Name under which Article Sold Implied Definition Cotton cakes or meals from decorti- The residue resulting from the cated or partly decorticated cot- removal of oil from commer ton seed. ciallv pure wtton seed from which the wrtex, in whole or in part, has been removed. The product obtained by grinding commercially pure steamd bone. Blood which has been dried, to which no other matter has been added. The product, containing not less than 40 per centum of albu minoids (protein) and not more than 4 per cenfum of salt, obtained by drying and grind ing animal carcases or portions thereof (excluding hoof and hair) and bone, to which no other matter has been added. Feeding bone meal; ground bone. Commercially pure. bone, raw or degreased, which has been ground or crushed. The product, containing not less than 55 per cenfum of albu minoids (protein) and not more than 4 per centum of s a l t . obtained by drying and grind ing animal carcases or portions thereof (excluding hoof and hair) to which no other matter has been added. Fish meal; fish residue meal. A product obtained by drying and grinding or otherwise treating waste of fish, to which no other matter has been added. The meal obtained by grinding commercially pure oats, as grown. Linseed cakes or the meals of such The residue resulting from the cakcs. removal of oil from wmmer The meal obtained by grinding Feeding bone flour. Feeding dried blood. Feeding meat and bone meal. Feeding meat meal. Ground oats. cially pure linseed. Linseed meal. [The inclusion of this page is authorized by L.N. 480119131 FERTILIZERS AND FEEDING STUFFS 27 Name under which Article Sold Implied Definition Molasses feeds. Nut cakes or meals, including coco nut, copra. palm kernel. and ground n u t cakes and meals. Ricz bran: rice meal. Soya cake. or meal. Sugar beet treacle; sugar beet molasses. Sugar cane treacle: sugar cane molasses. Wheat meal. Wheat offals: millers’ offals White fish meal or crushing commercially pure linseed. Any mixture containing not less than 10 per centurn of sugar, of an absorbent material and treacle or molasses. The residue resulting from the rcmoval of oil from commer cially pure nut kernels. The by-product produced in mill ing shelled rice, to which 00 other matter has been added. The residue resulting from the removal of oil from commer cially pure soya beans. A concentrated syrup product obtained in the manufacture of sugar from sugar beet, to which no other matter has been added. A concentrated syrup product obtained in the manufacture of sugar from sugar cane, to which no other matter has been added. The meal obtained by grinding commercially pure wheat, as grown A product of wheat separated in the process of milling and con taining not more than 4 per cenlum of vegetable sub stances, other than wheat, extracted from wheat in the process of cleaning by the maker of the offals in the pro duction of flour. A product (containing not more than 6 per cenfum of oil and not more than 4 per cenrum of salt) obtained by drying and grinding or otherwise treating waste of white fish, and to ~ [The inclusion of this page is authorized by L.N. 480/1973] 28 FERTILIZERS A N D FEEDING STUFFS Name under which Article Sold Implied Definition which no other matter has been added. In the case of every articlc mentioned in this Schedule the definition of which includes the expression “commercially pure” it is implied that no other matter may be added. FIFTH SCHEDULE Section 8 (2) PART I. Deleterious Ingredienfs in Fertilizers (a) Anhydrous Eorax in quantities greater than Eve-tenths of 1% in any potash salt. ( b ) Anhydrous Borax in quantities greater than one-tenth of 1% in any mixed fetnilizer. ic) A n y other ingredient which may prove harmful to plant growth when the fertilizer containing it is used in a msonable manner. PART 11. Deleterious Ingredients in Feeding Stufls (a) Salts soluble in water, if present in a feeding stuff in propor tion to be injurious to the health of animals. ( b ) All poisonous substances except those naturally present in the materal or materials from which the f d i n g stuff is derived. (c) Sand, siliceous matter or other insoluble mineral matter not naturally associated with ingredients of the feeding stu5 which do not fall within the scope of this Schedule, or which, even if naturally so associated, are present in greater proportion than the maximum that may be expected to be due to such natural association. For the purposes of this paragraph the term “insoluble” shall imply insolubility as determined by a prescribed metbod: the term “natural association” ahall be construed as applying to average commercial samples of the feeding material with which it may be claimed that a particular mineral ingredient is associated. [The inclusion of this page is authorized by L.N. 48Oi19731