9.
| (1) Every parcel of any article specified in column I of the First Schedule to this Act when prepared for sale or consignment for use as a fertilizer of the soil shall, if exposed for sale, or, if not exposed for sale, before being removed from the premises where it is so prepared, be marked in the prescribed manner with any registered mark or marks indicating the particulars required by this Act to be contained in the statutory statement relating to such article: |
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| (2) The proprietor of the business of selling such parcels as are referred to in subsection (1) shall keep, in such form as may be prescribed, a register of marks specifying the particulars indicated by the several marks entered in the register. |
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| (3) The marking of a parcel of any article specified in column I of the First Schedule to this Act with any mark or marks entered in a register kept under subsection (2) shall be treated as indicating that the particulars of such article are those entered in the register in relation to such mark or marks. |
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| (4) On the sale of any parcel marked in the prescribed manner with any registered mark or marks, the seller shall add or cause to be added such mark or marks to the statutory statement. |
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| (5) Where the statutory statement received by the seller on the sale to him of a parcel of any article specified in column I of the First Schedule to this Act contains any registered mark or marks, and the parcel has not been on his premises, he shall add or cause to be added such mark or marks to the Statutory Statement required to be given by him to a purchaser of such parcel. |
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| (6) If any parcel required by subsection (1) to be marked as provided in that subsection is not so marked, or if any such parcel is so marked and from the analysis of a sample of the article in the parcel taken by a Fertilizer Inspector in the prescribed manner on the premises on which the parcel is exposed for sale or on any premises on which the parcel after having been so marked may happen to be before being delivered to a purchaser or carrying agent, it appears that the particulars indicated by the registered mark or marks with which the parcel is marked are false to the prejudice of the purchaser, or that such particulars do not include any particulars which are required by this Act to be specified in the statutory statement relating to the article in the parcel, the person selling or having in his possession or disposition for the purpose of sale or consigning the parcel or exposing it for sale shall be guilty of an offence unless he proves that he took all reasonable steps to prevent the commission of the offence and that he acted without intent to defraud. |
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Sri Lanka Consolidated Acts