1442

MANURES AND FEETILIZEES.

[ART. 61

ARTICLE LXL

MANURES AND FERTILIZERS.

1. Meaning of the terms "fertilizer" — "brand." "State chemist." 2. Conditions upon -which fertilizers may be sold. 3. Penalty for failure to comply with these conditions. 4. Unlicensed dealers shall send names to agricultural college; also names of brands; penalty for failure. 5. College to analyze samples and send result to dealers.

6. Manner of procuring and sending samples; analysis; penalty. 7. Disposition of proceeds from li- censes; proviso. 8. Purchaser defrauded by labels may recover. 9. Penalty for using trade mark of another or adulterating fertil- izers. 10. Cases to which this article does not apply. 11. State's attorneys to prosecute for all violations of this article.

1904, art. 61, sec. 1. 1890, ch. 387, sec. 1. 1894, ch. 397.

1. The term "fertilizer" as used in this article shall be held to
mean any commercial fertilizer or any article, substance or mixture
sold, offered or exposed for sale for manurial purposes within this
State of which the selling price shall be more than ten dollars per ton
of two thousand pounds. The term "brand" shall be held to mean the
name under which the commercial fertilizer is sold, together with the
statement of the percentage of valuable ingredients contained therein.
The term "state chemist" shall mean the professor in charge of the
chemical department of the Maryland Agriculture College who shall
be ex officio state chemist.

Cited but not construed in Snowden v. State, 69 Md. 210.

Ibid. sec. 2. 1890, ch. 387, sec. 2. 1894, ch. 397.

2. Before any fertilizer is sold, offered or exposed for sale within
the State the following conditions must be complied with: (1) The
importer, manufacturer, manipulator, dealer or agent shall take out a
license for the sale of fertilizer, which license shall be rated upon the
number of brands contemplated to be sold at the rate of fifteen dollars
for each brand, said license to be prepared and furnished by the comp-
troller of the treasury and to be issued at any time, to be good until
the first day of February following; provided, that when any such
importer, manufacturer or manipulator shall have taken out a license
as herein provided it shall not be necessary for any other person as his
agent or representative to take out a license to sell the fertilizers pro-
vided for by the party who has taken out such license. (2) Every bag.
barrel or package of fertilizer and every parcel or lot if sold in bulk