5 Stuffs. commencement of this Act in any written document A.D. 1926. (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 10 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. (1) The purchaser of any article included in Right of 15 the first column of the First or Second Schedule to this purchaser to Act, or of any fertiliser or feeding stuff not included have article sampled and therein in respect of which a warranty, express or analysed. implied, has been given by the seller, shall, on payment of such fee (if any) as may be fixed under this Act, be 20 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 25 a sample to be taken under this section shall, if so requested, furnish to the official sampler who takes the sample a copy of the statutory statement or warranty relating to the article. (2) A sample taken under this Act by an official 30 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, 35 whichever date may be the later. Criminal Liabilities. consign 4. (1) Every parcel of an article included in the Marking of first column of the First Schedule to this Act when articles preprepared for sale or consignment for use as a fertiliser of pared for 40 the soil or as food for cattle or poultry shall, if exposed ment of for sale, or, if not exposed for sale, before being delivered delivery. Stuffs. A.D. 1926. to a purchaser or carrying agent, be durably and visibly marked with a mark or marks stating or indicating the particulars required by this Act to be contained in the statutory statement. Consignments ex ship or quay. (2) Any person dealing in any such parcels may for 5 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 making of any parcel with any mark entered in the register shall, for 10 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 15 (3) If any parcel required under this section to be 5.-(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. 35 (2) The seller of an article included in the first 40 column of the First Schedule to this Act and so delivered or consigned shall as soon as practicable enter in a 5 10 15 20 25 30 Stuffs. register kept by him in such form (if any) as may be A.D. 1926. prescribed the following particulars : (a) the date of delivery or consignment to the (b) any shipping or other mark on the article ; (a) if he fails to enter in his register any particular (b) if any particular entered therein, other than (c) if from the analysis of a sample of the article 6. Where an article is sold for use as a fertiliser of Sales in the soil or as food for cattle or poultry in small quan- small tities from a parcel which purports to be labelled in quantities. manner hereinbefore provided, and from an analysis of a sample thereof taken by an inspector in the pre35 scribed 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 statement, the owner 40 or seller shall be guilty of an offence against this Act. 7.-(1) Any person who sells or offers or exposes Deleterious for sale for use as food for cattle or poultry any article ingredients in feeding which contains any ingredient deleterious to cattle or stuffs. poultry, or has in his possession, packed and prepared, Stuffs. A.D. 1926. for sale for such use any such article, shall be guilty of an offence against this Act unless he proves Penalties for failure to give and mis-statements in statutory :་ 1 (a) that he did not know and could not with reasonable care have known that the article contained a deleterious ingredient; and 5 (b) where he obtained the article from some other Provided that proceedings for an offence under this (2) For the purposes of this section, any ingredient 20 mentioned in the Fifth Schedule to this Act if present in a proportion higher than the maximum proportion mentioned in that schedule, and any substance which may be prescribed as being a substance which if present in a proportion higher than the prescribed proportion might, 25 having regard to the quantity of the feeding stuff containing it, that might in practice reasonably be fed to animals, produce deleterious effects, shall, for the purposes of this section, be deemed to be a deleterious ingredient unless the contrary is proved. 8.—(1) If a person fails to give a statutory statement in such form (if any) as may be prescribed in any case where he is required by this Act so to do, he shall be guilty of an offence against this Act. 30 (2) If on the sale of an article included in the 35 statements. first column of the First Schedule to this Act a person gives a 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- 40 ance with this Act; or 5 Stuffs. (b) in the case of an article delivered or consigned A.D. 1926. from the particulars entered in accordance (c) in the case of an article which has not been on he shall be guilty of an offence against this Act unless 10 he proves that he took all reasonable steps to avoid committing the offence and that he acted without intent to defraud. (3) If a person fails to add to a statutory statement any mark which by virtue of this Act is required to be 15 added thereto, he shall be guilty of an offence against this Act. 9.-(1) It shall be the duty of any person by whom Inspeca register under this Act is kept, or to whom a statutory tion of statement relating to an article which has been sold registers and statutory 20 by him but which has never been on his premises has statements. been sent, to preserve the register or statement for such period as may be prescribed, and on demand by an inspector at any time within that period to produce it for his inspection, and if the person keeping the register, 25 or to whom such a statutory statement was sent, fails so to preserve it, he shall be liable on summary conviction to a fine not exceeding twenty pounds. (2) Any person having in his possession or under his control any register kept under this Act or any 30 statutory statement made under this Act shall on demand by an inspector produce it for his inspection and if he fails to do so shall be liable on summary conviction to a fine not exceeding twenty pounds. (3) An inspector may at all reasonable times enter 35 any premises where he has reasonable cause to believe that any such register or statutory statement is for the time being kept, and may take copies thereof. 10. Where in pursuance of the foregoing provisions Relief from of this Act a description has been applied to any article liability 40 included in the first column of the First Schedule to under the this Act, and such description is a trade description Marks Acts Merchandise |