or vessel, or the number of the car in which the fertilizer was when inspected, and he shall attach the manufacturer's certifi cate of analysis to the bill of inspection before so delivering it. 53 V., c. 24, s. 9.

upon which

or bill of

delivered.

9. The inspector shall not furnish any tag to be attached Conditions to any package of fertilizer unless the manufacturer's certifi- tag may be cate of analysis and ingredients is plainly placed upon each attached. parcel or package, or, if the fertilizer is in bulk, shall not inspection deliver any bill of inspection unless such certificate is produced to him, setting forth that the fertilizer contains at least eight per centum of available phosphoric acid or four per centum of ammonia, or its equivalent in nitrogen or nitric acid. and in the case of an ammoniated superphosphate, that it contains at least five per centum of available phosphoric acid and two per centum of ammonia, or its equivalent in nitrogen or nitric acid; nor shall any such tag be furnished or applied to any package of fertilizer, or bill of inspection delivered in respect of any fertilizer, which is in a damaged or unmer chantable condition. 53 V., c. 24, s. 12.

SALE PROVISIONS.

certificate.

10. If the fertilizer is put up in packages, every such pack- Manufac age intended for sale or distribution within Canada shall have turer's the manufacturer's certificate of analysis placed upon or securely attached to it by the manufacturer; if the fertilizer is in bags, such certificate shall be distinctly stamped or printed upon each bag; if it is in barrels, such certificate shall be either branded, stamped or printed upon the head of each barrel, or distinctly printed upon good paper and securely pasted upon the head of each barrel; if it is in bulk, such certificate shall be produced and a copy given to each purchaser; and every such certificate shall contain, besides the analysis, a statement. of the nature of the materials entering into the composition of the fertilizer. 53 V., c. 24, s. 6.

forms com

11. No fertilizer shall be sold or offered or exposed for sale No sale to unless a certificate of analysis and a sample of the same have be made till been transmitted to the Minister, and the provisions of the last plied with. preceding section have been complied with. 53 V., c. 24, s. 7:

to be sold

certain per

12. No fertilizer shall be sold or offered or exposed for sale No fertilizer unless it contains at least eight per centum of available phos- unless conphoric acid, or four per centum of ammonia or its equivalent taining in nitrogen or nitric acid; or, when both phosphoric acid and ammonia are present, at least five per centum of available ingredients. phosphoric acid and two per centum of ammonia or its equivalent in nitrogen or nitric acid. 53 V., c. 24, s. 7.

centage of

Inspection
of fertilizers
when not
for sale.

13. If any fertilizer is imported for use by the importer thereof, and not for sale, it may be inspected in conformity with the foregoing provisions of this Act at the Customs port of entry at which it is imported. 53 V., c. 24, s. 10.

Fee to be sent.

Inspector's fee.

Seller to register name and address.

FEES.

14. With every sample transmitted by a manufacturer or importer to the Minister as herein provided, such manufacturer or importer shall, at the same time, transmit to the Minister a fee of three dollars. 53 V., c. 24, s. 3.

15. The inspector shall be entitled, for each package to which a tag is attached under his supervision, and for each bill of inspection delivered by him, if the fertilizer is in bulk, to such fee in either case as the Governor in Council directs, which fee shall be paid and the inspector's tag attached or certificate delivered, as the case requires, before the fertilizer may be removed from the mill, factory or storehouse, or out of the possession of the manufacturer's agent or of the person importing the same. 53 V., c. 24, s. 11.

16. Every manufacturer or importer who sells or offers fertilizers for sale shall, before so doing, register his name and address once in each year with the nearest Inland Revenue officer, and shall, at the same time, pay a registration fee of one dollar. 53 V., c. 24, s. 13.

False certifi-
cate with
respect to
percentage
of ingredi-
ents.

OFFENCES AND PENALTIES.

17. Every person who permits a certificate of analysis stating that a fertilizer contains a larger percentage of the constituents required under this Act to be certified, to justify an inspector in delivering a bill of inspection in respect to a fertilizer in bulk, than is contained in the fertilizer referred to in such certificate,

(a) to be attached to any package, bag or barrel of such fertilizer; or,

(b) to be produced to the inspector to accompany the inspector's bill of inspection of such fertilizer;

Fertilizer not and every person who sells or offers or exposes for sale any fertilizer,

containing

required percentages.

(a) purporting to have been inspected which does not con-
tain the percentage of constituents mentioned in the
manufacturer's certificate accompanying the same; or,
(b) at a higher price than ten dollars per ton which does not
contain the percentages of fertilizing ingredients required
by this Act for fertilizer offered for sale; or,
(c) purporting to have been inspected which does not con-
tain the percentage of constituents required under this

Act to be certified to justify an inspector in delivering a bill of inspection in respect to fertilizer in bulk; or, (d) without registering his name in cases where previous registration is required by this Act; or,

(e) in respect to which the provisions of this Act have not been complied with;

shall be liable to a penalty not exceeding fifty dollars for the Penalty. first offence and for each subsequent offence to a penalty not exceeding one hundred dollars, and in either case to the forfeiture of the fertilizer in respect to which the conviction was had: Provided that any percentage claimed to be contained in Proviso. the fertilizer shall not be deemed wanting by reason only of a deficiency of one per centum of the ammonia, or its equivalent in nitrogen or nitric acid, or of the phosphoric acid. 53 V., c. 24, s. 14.

certificate.

18. Every person who forges, or utters or uses, knowing it Forging to be forged, any manufacturer's certificate, bill of inspection, certificate of analysis, or inspector's tag, required under this Act, is guilty of an indictable offence, and liable to imprisonment for a term not exceeding two years, with or without hard labour. 53 V., c. 24, s. 15.

Penalty.

use of certifi

19. Every person who wilfully applies to any fertilizer a Unlawful certificate or tag, or produces to any person a bill of inspec- cate. tion, given in relation to any other package or lot of fertilizer, shall be liable to a penalty not exceeding five hundred dollars, and in default of payment to imprisonment for a term not Penalty. exceeding twelve months. 53 V., c. 24, s. 16.

20. Every person who gives a false certificate in writing to Giving false any person in respect to a fertilizer sold by him as a principal certificate. or agent shall be liable to a penalty not exceeding five hundred dollars, and in default of payment to imprisonment for a term Penalty. not exceeding twelve months. 53 V., c. 24, s. 17.

APPLICATION OF FEES AND PENALTIES.

of fees and

21. All fees paid and penalties recovered under this Act Application shall form part of the Consolidated Revenue Fund of Canada. penalties. 53 V., c. 24, s. 18.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's

most Excellent Majesty.

2255

CHAPTER 133.

An Act respecting the Adulteration of Food and

other Articles.

SHORT TITLE.

1. This Act may be cited as the Adulteration Act. R.S., Short title. c. 107, s. 1.

INTERPRETATION.

Definitions.

'Minister.'

2. In this Act, unless the context otherwise requires,-
(a) Minister' means the Minister of Inland Revenue;
(b) food' includes every article used for food or drink by Food.'
man or cattle, and every ingredient intended for mixing
with the food or drink of man or cattle for any purpose
whatsoever;

(c) drug' includes all medicines for internal or external Drug.' use for man or for cattle;

fertilizer.'

(d) agricultural fertilizer' means and includes every sub- Agricultural stance imported, manufactured, prepared or disposed of for fertilizing or manuring purposes, which is sold at more than ten dollars per ton and which contains phosphoric acid, nitrogen, ammonia or nitric acid;

(e) officer' means any officer of Inland Revenue or any Officer.' person authorized under this Act or the Fertilizers Act

to procure samples of food, drugs, agricultural fertilizers

or other articles and to submit them for analysis;

(f) analyst' includes any member of the examining board Analyst.' appointed under the authority of this Act and any assistant analyst to the chief analyst at Ottawa. 53 V., c. 26, s. 1.

3. Food shall be deemed to be adulterated within the Adulterated food. meaning of this Act,

(a) if any substance has been mixed with it so as to reduce
or lower or injuriously affect its quality or strength;
(b) if any inferior or cheaper substance has been substituted
wholly or in part for the article;

(c) if any valuable constituent of the article has been wholly
or in part abstracted;

(d) if it is an imitation of or is sold under the name of another article;

142

2257

(e)