Fertilisers and Feeding Stuffs Act 1926

28 Application to Scotland

(1) This Act shall apply to Scotland subject to the following modifications :—

(a) References to the Minister shall, except in the provisions of this Act relating to joint action by the Minister and the Board of Agriculture for Scotland, be construed as references to the Board of Agriculture for Scotland :

(b) The powers and duties of councils of counties and county boroughs under this Act shall be exerciseable and performed by the local authorities under the [57 & 58 Vict. c. 57.] Diseases of Animals Act, 1894, and the expenses incurred under this Act by such local authorities shall be defrayed out of a rate to be levied, ascertained, fixed, and paid in like manner as the local rate under that Act:

(c) Such local authorities as aforesaid shall have the like power to appoint a joint committee for any purpose of this Act as is conferred by section seventy-six of the [52 & 53 Vict. c. 50.] Local Government (Scotland) Act, 1889, on county and town councils for any purpose of that Act, and the provisions of the said section shall apply accordingly, and a reference to the [51 & 52 Vict. c. 41.] Local Government Act, 1888, shall be construed as a reference to the provisions of the said Act of 1889 as so applied:

(d) Subsections (1) and (4) of section twenty and subsection (3) of section twenty-one shall not apply.

Provided that—

(i) no proceedings shall be brought in respect of causing or permitting any name, mark or particulars (except particulars which are not required to be contained in a statutory statement) to be false or in respect of failure to include in the particulars marked or indicated by a mark or entered in a register or written on a label any particulars which are required by this Act to be contained in the statutory statement or in respect of the presence in a feeding stuff of any deleterious ingredient until the part of the sample retained by the agricultural analyst has been analysed and a certificate of analysis given by the Government Chemist; and

(ii) in any prosecution to which subsection (3) of section twenty of this Act applies there shall be served with the complaint a copy of any certificate of the agricultural analyst obtained on behalf of the prosecution.