1917 public laws – Ch.143 Sec.7

Authority to analyze samples; certificate of State Chemist evidence. The Department of Agriculture shall have the power at all times and at all places to have collected by its inspector samples of any commercial fertilizer or fertilizer material offered for sale in the State, and have the same analyzed; and such samples shall be taken from at least ten per cent of the lot from which they may be selected: Provided, that no sample shall be drawn from less than ten bags of any one lot or brand. The samples #NAME? be drawn in the presence of either the agent or seller or dealer, or some other representative of the manufacturer: Provided, that when the agent or seller or dealer, or local representative of the manufacturer, is not present or refuses to act, two disinterested persons may act as witnesses. The purchaser or consumer, or the agent of either, may take fertilizer samples under the following rules and regulations: When any purchaser or consumer, or the agent of either, desires to take a sample of any fertilizer or fertilizer material he shall notify the manufacturer in writing, giving him not less than six days notice from the posting of the letter of the time or times and place or places for taking said sample or samples, and if the manufacturer refuses or fails to witness and assist in drawing the sample or appoint some one to represent him at the designated time and place, two disinterested freeholders may do so. The Department of Agriculture shall make additional rules and regulations under and by which the purchaser or consumer, or agent of either, may take the sample or samples of fertilizer or fertilizer material as herein provided, and forward the same to the Department for analysis under the provisions of this act: Provided, that no sample may be taken except within thirty days after the actual delivery to the consumer except by the State Fertilizer Inspector. In the trial of any suit or action wherein there is called in question the value or composition of any fertilizer, a certificate signed by the State Chemist and attested with the seal of the Department of Agriculture, setting forth the analysis made by the State Chemist of any sample of said fertilizer drawn under the provisions of this chapter, and analyzed by him under the provisions of the same, shall be prima facie proof that the fertilizer was of the value and constituency shown by his said analysis. And the said certificate of the State Chemist shall be admissible in evidence to the same extent as if it were his deposition taken in said action in the manner prescribed by law for the taking of depositions. The Department may in its discretion refuse to analyze any sample that is not drawn and forwarded to the Department in accordance with the regulations which it may adopt for the carrying out of this act: Provided, that such samples not taken in accordance with such regulations shall be for information only: and Provided further, that no suit for damages from results of use of fertilizer may be brought except after chemical analysis showing deficiency of ingredients, unless it shall appear to the Department of Agriculture that the manufacturer of said fertilizer in question has, in the manufacture of other goods offered in this State during such season, employed such ingredients as are outlawed by the provisions of this act, or unless it shall appear to the Department of Agriculture that the manufacturer of such fertilizer has offered for sale during that season any kind of dishonest or fraudulent goods. That nothing in this act shall impair the right of contract.