CHAPTER 218

STATE BOARD OF AGRICULTURE RELATING TO SALE OF LIMING MATERIALS

AN ACT TO AMEND CHAPTER 21, ARTICLE 10 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO THE STATE BOARD OF AGRICULTURE IN. REFERENCE TO THE SALE OF LIMING MATERIALS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 21, Article 10 of the Revised Code of Delaware, 1935, be and the same is hereby amended by inserting in 667. Sec. 100. under Paragraph 1, a new paragraph to be styled Paragraph 1 (a).

"Paragraph 1 (a). All shipments of liming materials in bulk must be accompanied by a statement giving the net weight and the information required in 667. Sec. 100. Paragraph 2, 3 and 4, said statement to be delivered to the purchaser or with the invoice therefor.

"The State Board of Agriculture or its authorized agents are hereby empowered to stop any or all vehicles delivering liming materials and have such vehicles weighed at approved weigh stations. If the bulk shipment is found to be short in weight, the registrant of said liming material shall within fifteen (15) days after official notice from the State Board of Agriculture pay to the consumer a penalty equal to five (5) times the value of the actual shortage. The State Board of Agriculture may in its discretion allow reasonable tolerance for short weight due to loss through transporting.

"If the analysis of any agricultural liming materials, obtained by official methods of the Association of Official Agricultural Chemists, shall fall as much as or more than five (5) per cent (five per cent of the guarantee) below the guaranteed analysis of the total oxides, the State Board of Agriculture shall assess a penalty equal to three (3) times the value of such deficiency against the manufacturer, dealer or agent selling such liming material.

"The assessment shall be based upon the selling price of such agricultural liming material. All penalties, assessed under this section shall be paid to the consumer of the lot of agricultural liming material represented by the same *analyzed within sixty (60) days after the date of notice from the State Board of Agriculture to the manufacturer, dealer or agent, receipts taken therefore and promptly forwarded to the State Board of Agriculture. If said consumers cannot be found, the amount of the penalty shall be paid to the State Board of Agriculture, who shall deposit same in the General Fund of the State of Delaware."

Approved June 5, 1951.