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(1) A person shall not sell any fertilizer in a package where the fertilizer is short in weight by more than one percent of the weight indicated on the package.

(2) A person who contravenes subsection (1) commits an of an offence and is liable in the case of a first contravention within a three year period to suspension of the licence for ninety days and for a subsequent violation within the three year period to a permanent cancellation of the licence.