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Fertilisers And Feeding Stuffs Act

Volume 65: debated on Tuesday 28 July 1914

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57.

asked the President of the Board of Agriculture whether he realises that a large trade is conducted both in fertilisers and feeding stuffs by the merchant sending an order to the manufacturer for a truck load to be sent direct to the farmer, and that in such cases, although the article sent may be seriously deficient in the percentage of its important ingredients as previously stated or advertised, the merchant can rely upon the warranty which he has obtained from the manufacturer, and there being no Clause in the Fertilisers and Feeding Stuffs Act, 1906, authorising proceedings to be taken against the person giving a false warranty, the farmer or other purchaser suffers loss without any adequate remedy; and whether he will consider the desirability of introducing legislation to amend the above Act in the interests of the farmer by giving him such protection as is afforded by Section 20 (6) of the Food and Drugs Act. 1899?

The Board have under consideration the difficulty to which the hon. Gentleman refers. But I would point out that, although in certain cases no criminal proceedings can be taken under the Fertilisers and Feeding Stuffs Act against a manufacturer in respect of goods resold by a retailer, the purchaser is not deprived of his civil remedy.

Does the right hon. Gentleman realise that owing to this system of merchants' warranties the county council prosecutions on behalf of poor men are rendered quite abortive?