Pennsylvania Act 1935-163 — HORSE MANURE, SALE REGULATED

Act text

HORSE MANURE, SALE REGULATED
                 Act of Jun. 20, 1935, P.L. 356, No. 163              Cl. 03
                                  AN ACT

     Relating to the furnishing, sale, delivery, weighing, and
        importation of unmanufactured horse manure; making certain
        practices in connection therewith misdemeanors, and fixing
        fines and penalties for the violation thereof; providing for
        the payment of such fines into the State Treasury; and
        requiring the Department of Agriculture to enforce the
        provisions of this act.

        Section 1.  Be it enacted, &c., That whenever unmanufactured
     horse manure is furnished, sold, or delivered in this
     Commonwealth, such manure shall be only the natural product as
     the same is produced by horses in the stable, together with the
     straw bedding, without the intentional addition of water, any
     other manure, or any other foreign substance whatsoever. For the
     purposes of this act, unmanufactured horse manure shall be
     deemed to be adulterated if it contains any water, intentionally
     or deliberately added, or if any other manure, or any other
     foreign substance is intentionally mixed therewith, whether such
     added water, manure, or other substance is added thereto, or
     becomes a part thereof, by permitting water or any other
     substance to flow or seep into, or otherwise become a part of
     such unmanufactured horse manure while standing in a manure pit
     or any other place.
        Section 2.  It is unlawful for any person, copartnership,
     association, or corporation to furnish, sell or offer for sale,
     or to deliver in this Commonwealth any unmanufactured horse
     manure that is adulterated as defined in this act.
        Section 3.  It is unlawful for any person, copartnership,
     association, or corporation in connection with any sale,
     furnishing, or delivery of manure, to represent the same as
     being unmanufactured horse if such manure is adulterated within
     the meaning of this act.
        Section 4.  Whenever any unmanufactured horse manure is or
     has been sold by weight, and the price to be paid therefor is to
     be fixed by weighing the same at any point within this
     Commonwealth, it is unlawful for any person, copartnership,
     association, or corporation to deliver for weighing, or to cause
     or permit to be weighed, any unmanufactured horse manure to
     which has been added, intentionally, any water, any other
     manure, or any other substance whatsoever, which increases the
     weight of such unmanufactured horse manure.
        Section 5.  It is unlawful for any person, copartnership,
     association, or corporation to import or to bring into this
     Commonwealth any manure for the purpose of sale or delivery in
     this Commonwealth, which manure is adulterated within the
     meaning of this act.
        Section 6.  Any person, copartnership, association, or
     corporation who or which by himself or itself, or by him or its
     agents, servants, or employes, violates any of the provisions of
     this act shall be guilty of a misdemeanor, and, upon conviction
     thereof, shall be sentenced to pay a fine not exceeding one
     thousand dollars, or in the case of an individual, or the
     members of a partnership, or the responsible officers of an
     association or corporation to undergo imprisonment not exceeding
     six months, or both.
        Section 7.  It shall be the duty of the Department of
     Agriculture to enforce the provisions of this act, and in
     connection therewith, the department, its employes, or agents
     are authorized to enter any storehouse, warehouse, stable,
     railroad yard, railroad car, or any other building or place
     where unmanufactured horse manure is kept, stored, dealt in, or
     transported for delivery within this Commonwealth. All fines and
     penalties, collected under the provisions of this act, shall be
     paid into the general fund in the State Treasury through the
     Department of Revenue.
        Section 8.  The provisions of this act shall be severable,
     and if any of the provisions shall be held to be
     unconstitutional, such decision shall not affect the validity of
     any of the remaining provisions of this act. It is hereby
     declared as the legislative intent that this act would have been
     adopted had such unconstitutional provision not been included
     therein.
        Section 9.  All acts and parts of acts inconsistent herewith
     are hereby repealed.
        Section 10.  The provisions of this act shall become
     effective immediately upon its final enactment.