ALBERT C. RITCHIE, GOVERNOR. 1399
of his duty in connection with the provisions of this Article,,
or who shall sell, offer or expose for sale or distribute in this
State any fertilizer as defined in Section 1 without complying
with the requirements of the provisions of this Act, or who
shall sell, offer or expose for sale or distribute in this State any
fertilizer or fertilizer material containing a substantially
smaller per cent, of nitrogen, phosphoric acid or potash than
is certified to be contained therein, or who shall fail to prop-
erly state at the time of registration the ingredients and the
percentages thereof used in its manufacture shall be deemed
guilty of a violation of the provisions of this Article and upon
conviction thereof shall be fined not more than one hundred
($100. 00) dollars for the first violation and not less than fifty
($50. 00) dollars for each subsequent violation. It shall be the
duty of the State's Attorneys of the several counties of this
State, assisted by the State Chemist or his authorized agent,
to prosecute all violations of any of the provisions brought to
their attention, said prosecutions to be in the name of the State
of Maryland. It shall be the duty of the State Chemist to fur-
nish upon request to any importer, manufacturer, manipulator,,
dealer or agent, or his or their duly authorized representative,
a duplicate sample of any material declared by him to be
deficient.
11. If it appears that any of the provisions of this Act have
been violated, the State Chemist shall certify the facts to the
proper prosecuting attorney and furnish that officer with a
copy of the result of the analysis or other examination of such
fertilizer, duly authenticated by the analyst or other officer mak-
ing the determination, under the oath of such officer; provided,
that it shall appear from any such examination that any of the
provisions of this Act have been violated the State Chemist
shall cause notice to be given to the manufacturer or dealer
from whom said sample was taken; any party so notified shall
be given an opportunity to be heard in his defense under such
rules and regulations as may be prescribed by the State Chemist
before the facts shall be certified to the proper prosecuting
attorney. In all prosecutions arising under the provisions of
this Act certificates of the analyst or other officer making the
examination or analysis, when duly sworn to by such officer,
shall be prima facie evidence of the fact or facts therein cer-
tified.
|
 |