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Statement to be given by seller of fertiliser, feeding stuff, compound feeding stuff or mineral mixture.
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2.—(1) A person who sells any fertiliser, feeding stuff, compound feeding stuff or mineral mixture shall give to the purchaser a written statement containing the prescribed particulars with respect to the fertiliser, feeding stuff, compound feeding stuff or mineral mixture, and shall give the statement at the prescribed time and, where a form for the statement is prescribed, in that form.
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(2) Regulations for the purposes of this section may contain different provisions in relation to different fertilisers, feeding stuffs, compound feeding stuffs or mineral mixtures or different classes thereof.
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(3) A statement given for the purposes of subsection (1) of this section shall have effect as a warranty by the seller that the particulars contained therein are correct, subject to any limits of error which may be prescribed, notwithstanding that any agreement or notice to the contrary has been entered into or given or that the statement does not comply with any regulation made for the purposes of this section.
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(4) Where a person contravenes subsection (1) of this section or gives for the purposes of that subsection a statement which in any material respect is not correct, subject to any limits of error which may be prescribed, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.
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(5) If, in any prosecution for an offence consisting of giving for the purposes of subsection (1) of this section a statement which in any material respect is not correct, or is not correct subject to prescribed limits of error, the defendant proves—
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(a) that the statement was given in good faith and in reliance on a similar statement received by him, and
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(b) that he had no reason to believe at the time when he gave the statement that it was not correct, or was not correct subject to prescribed limits of error,
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the defendant shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor unless he gave due notice to the prosecutor that he proposed to rely on the said defence.
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(6) Where it appears to the Minister that an offence has been committed in respect of which proceedings might be taken against some person but that such person could establish a defence under subsection (5) of this section by proving that the offence complained of was due to an act or default of some other person, the Minister may take proceedings against that other person without taking proceedings against the first-mentioned person.
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(7) Where any fertiliser, feeding stuff, compound feeding stuff or mineral mixture is delivered to a purchaser in two or more consignments, the foregoing provisions of this section shall apply to each consignment as though it were the subject of a separate sale.
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(8) Any statement as to the amount of chemical or other ingredients or as to the fineness of grinding of any fertiliser, or as to the nutritive or other ingredients of any feeding stuff, compound feeding stuff or mineral mixture, which is made after the commencement of this Act in any written document (other than a statement given for the purposes of subsection (1) of this section) descriptive of such fertiliser, feeding stuff, compound feeding stuff or mineral mixture shall have effect as a warranty by the seller that the facts stated are correct.
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