Section 1. That the term "commercial feeding stuffs" shall be held to include all feeding stuffs used for feeding live-stock and poultry except for the following: whole seed or grains; the unmixed meals made directly from entire grains of corn, wheat, rye, barley, oats, buckwheat, flax seed, kaffir and milo; whole hays, straws, cotton seed hulls and corn stover when unmixed with other materials; all other materials containing sixty (60) per cent or more water.

Section 2. That every lot or parcel of commercial feeding stuff sold, offered or exposed for sale or distributed within this State shall have affixed thereto a tag or label, in a conspicuous place on the outside thereof, containing a legible and plainly printed statement in the English language, clearly and truly certifying the net weight of the package (provided that all commercial feeding stuffs shall be in standard weight bags or packages of 25, 50, 75, 100, 125, 150, 175 or 200 pounds); the name, brand or trademark under which the article is sold; the name and address of the manufacturer, jobber or importer, the names of each and all ingredients of which the article is composed; a statement of the maximum percentage it contains of crude fibre, and the percentage of crude fat, and the percentage of crude protein and the percentage of carbohydrates, allowing one per cent of nitrogen to equal 614 per cent of protein; all four constituents. to be determined by the methods in use at the time by the associate official agricultural chemists of the United States.

Section 3. That before any manufacturer, importer, jobber, firm, association, corporation or person shall sell, offer or expose for sale or distribution in this State any commercial feeding stuff, he or they shall file with the commissioner of agriculture. and industries, a certified copy of the statement specified in section two of this act for each brand of commercial feeding stuff, said certified copy to be accompanied by a fee of two dollars for each brand offered for registration, and it is further provided that said brand shall be registered each fiscal year, and accompany said statement, on request, by a sealed glass jar or bottle containing at least one pound of such feeding stuff to be sold, exposed or offered for sale, which sample shall correspond within reasonable limits to the feeding stuff which it represents in the percentages of crude protein, crude fat, crude fiber, and carbonhydrates which it contains.

Section 4. Each and every manufacturer, importer, jobber, firm, association, corporation, or person manufacturing or selling any commercial feeding stuffs as defined in section one of this act, shall pay to the commissioner of agriculture and industries, a stamp tax or fee of twenty (20) cents per ton for each ton of commercial feeding stuffs sold, offered or exposed for sale or distributed in this State, and shall affix to or accompany each lot shipped in bulk, each bag or parcel of such commercial feeding

stuffs, a stamp to be furnished by the commissioner of agriculture and industries specifying that all charges specified in this section have been paid. Provided that the fact that any commercial feeding stuff as defined in section one of this act may have value or utility as a fertilizing material, or is capable of being used as a fertilizer, shall not operate to exempt such material from the stamp tax or fee herein specified, or from tagging with regard to its feeding constituents. Provided further that the same material shall not be subject to the imposition of both the feed stuff tax stamp and the fertilizer tag tax. Whenever any commercial feeding stuffs as defined in section one of this act, is kept for sale in bulk, stored in bins, or otherwise, the manufacturer, importer, jobber, firm, association, corporation, or person keeping the same for sale shall keep on hand cards upon which shall be printed the statement required by the provisions of section two of this act, and when such feeding stuffs are sold at retail in bulk, or in packages belonging to the purchaser, the manufacturer, importer, jobber, firm, association, corporation, or person shall furnish the purchaser with sufficient stamps to cover the sale, and upon request, with a card or cards, upon which appears the statement required by the provisions of section two of this act; provided that nothing in this act shall be construed to restrict or prohibit the sale of commercial feeding stuffs in bulk to each other by importers, manufacturers or manipulators, who mix commercial feeding stuffs for sale; but importers, manufacturers and manipulators shall attach to such feeding stuff a tag stating that it is to be used for mixing purposes only, and this tag shall give the number of pounds in bulk, or package, the name of the manufacturer, the name of the feeding stuff, and its analysis, showing crude protein crude fat, crude fiber and carbohydrates; and a duplicate of said tag shall be sent to the commissioner of agriculture and industries together with a request for inspection. The commissioner of agriculture and industries is hereby empowered to prescribe the form of such tax stamps; but no stamp or label shall be used or authorized by him until and after the same has been copyrighted according to the laws of the United States Patent Office.

Section 5. Whenever a manufacturer, importer, jobber, firm, association, corporation or person manufacturing or selling a brand of commercial feeding stuffs shall have filed the statement required by section three of this act and paid the stamp tax or fee, as required by section four of this act, no other agent, importer, jobber, firm, association, corporation, or person shall be required to file such statement or pay such tax or fee upon such brand.

Section 6. The commissioner of agriculture and industries shall have the power to refuse to register any commercial feeding stuff under a name, brand, or trademark which would be mislead

ing or deceptive, or which would tend to mislead or deceive as to the materials of which it is composed, or when the specific name of each and all the ingredients used in the manufacture are not stated. He shall also have the power to refuse to register more than one commercial feeding stuff under the same name or brand when offered by the same manufacturer, importer, jobber, firm, association, corporation or person. Should any commercial feeding stuffs be registered in this State and it is afterwards discovered that such registration is in violations of any of the provisions of this act, the commissioner of agriculture and industries shall have power to cancel such registration. The commissioner of agriculture and industries shall have the power to refuse to allow any manufacturer, importer, jobber, firm, association, corporation or person to lower the guaranteed analysis or change the ingredients of any brand of his or their commercial feed stuffs during the term for which registered, unless satisfactory reasons are presented for making such change or changes.

Section 7. That if at any time the commissioner of agriculture and industries, or his duly authorized representative, shall have reason to believe that any feeding stuff offered or exposed for sale in this State does not comply with the requirements of this act as to the ingredients or substances of the same, it shall be his duty by written order to suspend the sale of the same until he shall have satisfied himself, or shall be satisfied by an analysis, or otherwise, that such feeding stuff is made up or compounded as required by this act. If he shall find that the same does not comply with the act, then he is authorized to proceed with regard to the same as provided in section 11 of this act.

Section 8. That the commissioner of agriculture and industries is authorized in person or by deputy to have free access to all places of business, mills, buildings, carriages, cars, vessels, and parcels of whatsoever kind used in the manufacture, transportation, importation, sale or storage of any commercial feeding stuffs and shall have the power and authority to open any parcel containing or supposed to contain any commercial feeding stuffs, and upon tender and full payment of the selling price of said sample, to take therefrom in the manner hereinafter prescribed, samples for analysis; and shall annually caused to be analyzed at least one sample so taken of every commercial feeding stuff that is found, sold, offered, or exposed for sale, or distributed in this State, under the provision of this act. Said sample, not less than one pound in weight shall be taken from not less than ten bags or packages, or if there be less than ten bags or packages, then the sample shall be taken from each bag or package, if it be in bag or package form, or if such feeding stuff be in bulk, then it shall be taken from ten different places of the lot. The sample or samples taken shall be kept a reasonable length of time by the department of agriculture and industries

and on demand a portion of such sample or samples shall be furnished to the manufacturer, importer or jobber of his feeds for examination by the chemists or other experts of said manufacturer, importer or jobber. The department of agriculture and industries is hereby authorized to publish from time to time in reports or bulletins the results of the analysis of such sample or samples, together with such additional information as circumstances advise: Provided, however, that if such sample or samples as analyzed differ from the statement prescribed in section two of this act, then, at least thirty days before publishing the results of such analysis, written notice shall be given of such results to the manufacturer, importer, agent or jobber of such stock, if the name and address of such manufacturer, jobber or importer be known: Provided, further, that if the analysis or any such sample does not differ within reasonable limits from the statement prescribed in section two of this act appearing upon the goods, the manufacturer shall be considered as having complied with the requirements of this act.

Section 9. That the chemical analysis required under the provisions of this act shall be performed by or under the direction of the official chemist of the department of agriculture and industries at Auburn, Alabama, and for the prompt performance of said chemical work, the commissioner of agriculture and industries shall have authority to pay from the proceeds accruing under this act such amount as may be deemed necessary to employ the necessary chemical assistance and to purchase chemical supplies, said sum not to exceed ten per cent of the said proceeds accruing from the operations of this act. Said sum shall be paid quarterly on the requisition of the treasurer of the Alabama Polytechnic Institute, duly certified by the president of that institution. And provided further, that the commissioner of agriculture and industries shall have authority to pay such other amount as may be deemed by him necessary to procure prompt and efficient chemical work under operation of this act and under the operation of the food and drug laws intrusted to the department for enforcement, in the manner herein set out, upon the approval of the governor.

Section 10. That whenever the commissioner of agriculture and industries, or his duly authorized representative, becomes cognizant of any violation of the provision of this act, he shall immediately notify the manufacturer, importer, jobber or dealer, if same be known, and after thirty days he shall notify the district attorney who shall cause proceedings to be commenced against the person or persons so violating the act, and the same prosecuted in a manner required by law; provided that in all prosecutions in the courts of this State arising under this act, and the rules and regulations made in accordance therewith, the certificate of the analyist or other officer making the analysis

or examination, when duly sworn to and subscribed by such analyist or officer shall be prima facie evidence of the facts therein certified.

Section 11. That any manufacturer, importer, jobber, agent or dealer who shall sell, offer or expose for sale or distribution in this State any commercial feeding stuff as defined in section 1 of this act, without complying with the requirements of the preceding sections of this act, or who shall sell or offer or expose for sale or distribution any commercial feeding stuffs which contain substantially a smaller percentage of crude protein or crude fat or carbohydrates or a larger percentage of crude fiber than certified to be contained, or who shall mix or adulterate any commercial feeding stuff with foreign, mineral or other substance or substances, such as rice chaff or hulls, peanut shells, ground or crushed corn cobs, oat hulls or similar materials of little or not feeding value, or with substances injurious to the health of domestic animals, or who shall sell, offer or expose for sale any commercial feeding stuffs so mixed or adulterated, shall be guilty of a violation of this act, and the lot of feeding stuffs in question shall be seized and condemned, sold or destroyed by the commissioner of agriculture and industries, or his duly authorized representative, and the proceeds from said sale shall be covered into the State treasury for the use of the department executing the provisions of this act. Such seizure and sale shall be made by the commissioner of agriculture and industries, or under the direction of an officer of his appointment. The sale shall be made at the court house door in the county in which the seizure is made: Provided, that whenever for sufficient reasons appearing to the commissioner of agriculture and industries or his representative aforesaid, another place of sale is more convenient and more desirable, such place of sale may be selected. The sale shall be advertised for thirty days in a newspaper published in the county in which the seizure is made, or if no newspaper be published in such county, then it shall be advertised in a newspaper published in the nearest county thereto having a newspaper. The advertisement shall state the brand or name of the goods, the quantity and why seized and offered for sale, and must show the time and place of sale. The commissioner of agriculture and industries, however, may in his discretion, release the feeding stuffs so withdrawn when the requirements of the provisions of this act have been complied with and upon payment of all the costs or expenses incurred in any proceedings connected with such seizure and withdrawal.

Section 12. That it shall be unlawful and shall be punished as other violations of this act, to sell, offer or expose for sale, any mixed or compounded commercial feeding stuff containing as an ingredient crushed or ground ear corn, provided that nothing herein shall prevent the sale of ground ear corn by itself and not