Fertilisers Feeding Stuffs and Mineral Mixtures Act, 1955

Taking of sample of fertiliser, feeding stuff, compound feeding stuff or mineral mixture and analysis thereof.

3.—(1) Where a person has on his premises any fertiliser, feeding stuff, compound feeding stuff or mineral mixture which he has purchased and which he proposes to use in the course of his farming operations, he may apply to have a sample thereof taken for analysis.

(2) An application under this section shall—

(a) be made within the period prescribed for the purposes of this paragraph to the Minister,

(b) be accompanied by the prescribed fee, and

(c) if the form and manner of the making of the application are prescribed, be made in that form and manner.

(3) Where an application is duly made under this section, an authorised officer shall take in the prescribed manner and transmit to the State Chemist a sample of the article to which the application relates.

(4) Notwithstanding subsection (3) of this section, where a person applies to have a sample of any article taken under this section—

(a) an authorised officer shall not take a sample after the expiration of the period prescribed for the purposes of this paragraph,

(b) an authorised officer may, if he so thinks fit, decline to take a sample if—

(i) he is not satisfied that the applicant has purchased the article, or

(ii) he is not satisfied that the applicant proposes to use the article in the course of his farming operations, or

(iii) he is not satisfied that the article as presented for sampling is fairly representative of the article as delivered to the applicant, or

(iv) the applicant does not produce the relevant statement for the purposes of subsection (1) of section 2 of this Act (if given) and permit the authorised officer to examine such statement and to take a copy of the whole or any part thereof, or

(v) the applicant does not furnish such information relating to the article as the authorised officer may require.

(5) Where the State Chemist or the Assistant State Chemist receives a sample taken on an application under this section, he shall cause it to be analysed in the prescribed manner by any person acting under the direction of the State Chemist or the Assistant State Chemist and shall send to the applicant a certificate in the prescribed form of the result of the analysis.

(6) In any legal proceedings the production of a certificate, purporting to be under this section and to be signed by the State Chemist or the Assistant State Chemist, shall be sufficient evidence of the facts stated in the certificate and of the analysis having been duly carried out, unless either party requires the person who made the analysis to be called as a witness.

(7) All fees under this section shall, without prejudice to the next subsection, be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance and the Public Offices Fees Act, 1879, shall not apply in respect thereof.

(8) In any case in which he considers it proper so to do (not being a case in which the applicant has received a certificate under this section), the Minister may refund a fee under this section.

(9) The regulations prescribing fees for the purposes of this section may prescribe different fees for different articles or for different quantities of the same article.