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Agriculture Act 1970

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68 Duty of seller to give statutory statement.U.K.

(1)Subject to the provisions of this section, a person who sells material of a prescribed description for use as a fertiliser or feeding stuff shall give to the purchaser a statement in writing (in this Part of this Act referred to as a statutory statement) in such form, if any, as may be prescribed containing—

(a)such particulars as may be prescribed of the nature, substance or quality of the material; and

(b)such information or instructions as to the storage, handling or use of the material as may be prescribed.

[F1(1A)A person selling material for use as feeding stuff may, in conjunction with the matters required by virtue of subsection (1) of this section, include in the statutory statement given under the said subsection (1) only such additional particulars, information or instructions as may be prescribed, and any such seller giving a statutory statement including additional particulars, information or instructions other than those prescribed shall be liable on summary conviction to a fine not exceeding [F2level 2 on the standard scale].]

(2)Subsection (1) of this section shall not apply—

(a)to sales of two or more materials which are mixed at the request of the purchaser before delivery to him; or

(b)to sales of small quantities (that is to say, sales in quantities of not more than fifty-six pounds or the prescribed metric substitution) if the material sold is taken in the presence of the purchaser from a parcel bearing a conspicuous label on which are marked in the prescribed manner the matters which would, apart from this subsection, be required to be contained in a statutory statement on the sale of the material.

(3)Any statutory statement required to be given on the sale of any material shall be given not later than the time when the material is delivered to the purchaser and, if given before that time, shall be deemed to have been given at that time; but regulations may permit the statutory statement to be given later in such cases and subject to compliance with such conditions, if any, as may be specified in the regulations.

(4)Any person who—

(a)fails to give a statutory statement within the time or in the form required by or under this section, or gives a statutory statement which does not contain all or any of the information or instructions required to be contained in it by virtue of subsection (1)(b) of this section; or

(b)gives a statutory statement which, as respects a sampled portion of the material—

(i)does not contain all or any of the particulars required to be contained in the statement by virtue of subsection (1)(a) of this section; or

[F3(ii)contains any such particulars or, in the case of feeding stuffs,any of the additional particulars permitted to be contained in the statutory statement by virtue of subsection (1A) of this section, which are false to the prejudice of purchaser.]

(c)sells or exposes for sale material from a parcel purporting to be labelled as mentioned in subsection (2)(b) of this section in a case where the label does not contain all or any of the said particulars or contains any such particulars which are false as aforesaid,

shall be liable on summary conviction to a fine not exceeding [F4level 5 on the standard scale] or, on a second or subsequent conviction under this subsection, to a fine not exceeding [F4level 5 on the standard scale] or imprisonment for a term not exceeding three months or both.

(5)In proceedings for an offence under paragraph (b) of subsection (4) of this section the fact that any particulars ought to have been included or are false shall be proved by evidence of the result of an analysis of the sample taken from the portion in question; and in proceedings for an offence under paragraph (c) of that subsection the fact that any particulars ought to have been included or are false shall be proved by evidence of the result of an analysis of a sample taken by an inspector in the prescribed manner from the material sold or, where the alleged offence is exposing for sale, from the parcel bearing the label.

[F5(5A)Nothing in subsections (1) to (5) applies to anyone to whom the requirements of Article 16 of Regulation (EC) No 1831/2003 (labelling and packaging of feed additives and premixtures) or of Chapter 4 of Regulation (EC) No 767/2009 (labelling, presentation and packaging) apply.]

(6)Failure to comply with this section shall not invalidate a contract of sale; and a statutory statement shall, notwithstanding any contract or notice to the contrary, have effect as a warranty by the person who gives it that the particulars contained in it are correct; but in Scotland a contract of sale may not be treated as repudiated by reason only of a breach of that warranty.

[F6(7)Failure to comply with the labelling requirements of Article 16 of Regulation (EC) No 1831/2003 or of Chapter 4 of Regulation (EC) No 767/2009 shall not invalidate a contract of sale, but such labelling shall, regardless of any contract or notice to the contrary, have effect as a warranty by the person who gives it that the particulars contained in it are correct.]

Subordinate Legislation Made

P1S. 68: for previous exercises of power see Index to Government Orders

P2S. 68(1)(1A)(3): s. 74(A) (with ss. 66(1), 68(1)(1A)(3), 69(1)(3)(6)(7), 70(1), 73(3), 74(1) and 84) power exercised by S.I. 1991/1475

P3S. 68(1)(2)(3): s. 84 (with ss. 66(1), 68(1)(2)(3), 69(1)(3)(6)(7), 70(1), 74(1), 74A(1)(2)(4)) power exercised by S.I.1991/2197

P4S. 68: S. 74A (with ss. 66(1), 68(1)(1A) and (3), 69(1), (3), (6) and (7), 70(1), 74(1), 74A and 84) power exercised by S.I.1991/2840

Textual Amendments

F1S. 68(1A) inserted by S.I. 1982/980, reg. 5(1)

F3S. 68(4)(b)(ii) substituted by S.I. 1982/980, reg. 5(2)

Modifications etc. (not altering text)

C7S. 68(2) modified (E.) (29.10.2000) by S.I. 2000/2481, reg. 3(2); (S.) (31.1.2001) by S.S.I. 2000/453, reg. 3(3)

s. 68(2) modified (W.) (1.3.2001) by S.I. 2001/343, reg. 3(2)

C12S. 68(2)(b) modified: (N.I.) by S.R. 1982/338 (which S.R. was revoked (N.I.) (2.8.1999) by S.R. 1999/296, reg. 9); (E.W.S.) by S.I. 1982/1144, reg. 9(b) (which S.I. was revoked (E.W.S.) (6.7.1999) by S.I. 1999/1663, reg. 10); (N.I.) by S.R. 1990/286, reg. 12(b) (which S.R. was revoked (N.I.) (18.5.1992) by S.R. 1992/187, reg 13 (with reg. 1(2))); (E.W.S.) by S.I. 1990/887, reg. 12(b) (which S.I. was revoked (E.W.S.) (1.11.1991) by S.I. 1991/2197, reg. 13 (with reg. 1(2))); (E.W.S.) (1.11.1991) by S.I. 1991/2197, reg. 12(b) (with reg. 1(2)) (which modification was continued (E.W.S.) (6.7.1999) by S.I. 1999/1663, reg. 9(b)); (N.I.) (18.5.1992) by S.R. 1992/187, reg. 12(b) (with reg. 1(2)) (which modification was continued (N.I.) (2.8.1999) by S.R. 1999/296, reg. 8(b))

C17S. 68(4): in relation to liability on first and subsequent convictions, Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 applies (E.W.), S.I. 1984/703 (N.I. 3) art. 9 applies (N.I.) and Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289E, s. 54 applies (S.)

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