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The Food and Drugs Act.—1908.

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(2) The Court before which any person is charged with an offence against this section shall dismiss the charge if it appears to the Court that the defendant took all reasonable means to inquire and ascertain whether or not the milk so sold by him, or so allowed to be sold, came from cows suffering as aforesaid.

(3) In any prosecution with respect to the sale or delivery of milk, it shall be no defence that the defendant is only the servant or agent of the owner of such milk, or is only entrusted for the time being with such milk by such owner, but such servant or agent and such owner shall both be liable.

(4) If such defendant, being a servant or agent, prove that he delivered such milk in the same state in which he received it from his master or employer, and without knowledge that the nature, substance, or quality of such milk was injuriously affected, he may, notwithstanding that such master or employer has himself been convicted and fined, recover in any Court of competent jurisdiction from such master or employer the amount of any penalty in which he may have been convicted in respect of such prosecution, together with the costs paid, or to be paid, by him upon such conviction, and those incurred by him in and about his defence thereto.

32. No person shall make, prepare, or compound for sale, sell, offer, keep, or expose for sale, any compound of fats, oils, or similar substances other than the fat of milk, or any article not made exclusively of milk or cream, or both, with or without salt or other preservative, and with or without the addition of coloring matter, and not the legitimate product of the dairy, in imitation of or as a substitute for butter, unless a conspicuous and legible brand or mark indicating the nature of such compound is placed upon each piece or pat, and on every jar, parcel, cask, case, or package that contains any such compound or article. Penalty, not exceeding Twenty Pounds.

Any such compound or article not being genuine butter, and not being branded or marked as herein provided, may be forthwith seized and destroyed or otherwise disposed of by any officer of the C'entral Board of Health, or of any local authority, without any other authority than this Act.

33. Any vendor of milk or cream or meat shall, at the request in writing of any inspector, furnish to such inspector the names and addresses of persons from whom he has received any milk or cream or meat indicated by such inspector, and the respective dates upon which such milk or cream or meat was received Penalty, not exceeding Five Pounds.

34. Any inspector may at all reasonable times enter on any land or premises or public place, and — 1. Inspect and examine any animal offered for sale or slaughter

or being prepared for sale or slaughter for human consumption; or

11. Inspect

Power to seize and destroy.

Inspector to be furnished with list of vendors.

Power to inspect food
and drugs prepared or
offered for sale.
Tas., 37, 1903,
sec. 104.
See Vic., 1098, 1890,

sec. 53

The Food and Drugs Act.—1908.

PART 111.

secs. 52 53, 54.

11. Inspect and examine any carcass or other article of food or

drug exposed or offered for sale, or deposited for the pur- Ibid.
pose of sale or of preparation for sale, or that has recently
been sold for human consumption, whether such articles
are fresh or preserved, or are in tins or other closed pack-

ages or not. 35. If, on such inspection and examination, it appears to the Diseased or unsound inspector that any such animal or article of food or drug is diseased, foodedora druge may be or unsound, or unwholesome, or unfit for human consumption, he See Tas , 37, 1903, may cause it to be seized and carried away in order that it may be sec. 105. dealt with in a summary manner, as follows, that is to say :

Vic., 1098, 1890, 1. If the inspector is satisfied that the animal or article of food or

drug is utterly unfit for human consumption, and should
forthwith be destroyed in order to prevent offensiveness
or disease, he may, on the authority in writing of a Justice,

cause it to be destroyed accordingly:
11. In any other case the animal or article of food or drug shall

be kept to abide the order of a Special Magistrate or two
Justices in proceedings which shall be forth with taken
against the person in whose possession or on whose premises

it was when seized:
11. If in such proceedings it appears to the Court that the animal

or article so seized is diseased, or unsound, or unwholesome,
or unfit for human consumption, the Court shall by order-
(a) Condemn it and direct it to be destroyed or other-

wise disposed of, so as to prevent it from being
used for human consumption, at the expense in

all things of the defendant; and also
(6) Fix the expenses incurred in seizing and keeping

the animal or article to abide the proceedings,
and require the defendant to pay the same; and

may also

(c) Impose on the defendant a penalty not exceeding

Twenty Pounds:
1. For all purposes of this section it shall, until the contrary is

proved, be presumed that the animal or article of food or
drug was intended to be sold or prepared for sale for

human consumption. 36. On complaint made on oath by any inspector or constable, Search warrant may any Justice may grant a warrant to such officer to enter any building begranted by a or part of a building in which such officer has reason for believing Imp. Public Health that there is kept or concealed any drug or article intended for the Act, 1875, sec. 119 food of man, which is intended for sale, and is diseased, unsound, Same amended, or unwholesome, or unfit for the food of man; and to search for, seize, and carry away any such drug or food in order to have the same dealt with by a Special Magistrate or two Justices under this Act.


The Food and Drugs Act.-1908.

Part u.

Penalty for obstruction.

Any person who obstructs any such officer in the performance of his duty under such warrant shall, in addition to any other punishment to which he may be subject, be liable to a penalty not exceeding Twenty Pounds.

Lead pipe for drawing beer.


37. No person shall use for drawing from any receptacle any fermented liquor known as beer, ale, porter, stout, or any other malt liquor for the purpose of sale

1. Any pipe made wholly or partly of lead :
11. Any pipe which is not kept in a clean and wholesome condi-

tion, or which contains any matter, sediment, or growth

likely to be injurious to health. Penalty, not exceeding Five Pounds.

Testing of spirits. 38. Any inspector may at any reasonable time enter any premises

where spirits are sold or exhibited or stored or prepared for the See S.A., 191, 1880,

pursec. 127; S.A', 319, pose of sale, and, without purchasing any quantity, may test the 1884, 8. 58.

alcoholic strength of such spirits, and, if such spirits are found to be diluted beyond the limit stated in section 22 of this Act, may also, without paying for the same, take and carry away any quantity of such spirits, and shall, if required to do so, leave a sealed sample of the quantity so taken with the seller or person in

charge of such spirits. Penalty.

If such spirits are found to be diluted beyond such limit, the seller or person in charge of the same shall be liable to a penalty of not less than Five Pounds nor more than Twenty Pounds.

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ANALYSIS. Power to owner or 39. Any owner or purchaser of an article of food or of a drug, purchaser of an article of food to bave it on payment of a fee according to a scale to be fixed by the Governor analysed.

by Proclamation, shall be entitled to have such article analysed and S.A., 257, 1882, sec. 13 ; Imp. Act, 1876, to receive from the analyst a certificate of the result of his analysis

. sec. 12. Officer or constable to

40. (1) Any inspector or any police constable, under the direction a food or drug in course of any local authority, may procure, without payment, at the place of transit or during of delivery, or at any railway station or other place during transit, delivery to submit to analysis.

or upon the premises of or elsewhere in the possession of any person

for the purpose of carriage, any reasonable quantity as a sample of See S.A., 257, 1882, any food or drug in course of delivery to the purchaser or conImp. Acts, 1879, signee in pursuance of any contract or agreement for the sale to sec. 3; 1899, sec. 14. such purchaser or consignee of such food or drug; and such

inspector or constable may send or deliver the same to an analyst to be analysed ; and after analysis proceedings shall be taken in like manner in all respects as if such inspector or constable had purchased the same from the seller or consignor under section 39 of this Act.

sec. 14.

The Food and Drugs Act.—1908.

sec. 4.

(2) If the seller or consignor, or any person entrusted by him,

Part IV. or either of them for the time being, with the charge of such food Penalty for refusing or drug, shall refuse to allow any such officer or constable to take to give food or drugs

in transit for analysis. the quantity which such officer or constable shall require for the

S.A. 257, 1882, purpose of analysis, he shall be liable to a penalty not exceeding Twenty Pounds.

Imp. Act, 1879, (3) In the case of a sample taken of milk in course of delivery Division of samples under this section, the person taking the sample shall forward å taken in course of

of delivery or transit. portion of the sample marked, and sealed, or fastened up, to the con

Imp. Act, 1899, ignor if his name and addres s appear on the can or package con- sec. 10. signing the article sampled. 41. (1) Any inspector or any police constable, under the direction Inspection and

sampling of food and at the cost of the local authority, may at any time in the day and drugs. time or at any time when work or business is being carried on therein, enter any manufactory, warehouse, store, building, or place See S.A., 257, 1882, where food or drugs are manufactured, exposed for sale, or kept or Imp. Act

, 1875, stored for the purpose of trade or commerce, and may require the sec. 13. owner or occupier, or the agent or servant of either of them, to show and permit the inspection of the vessels or other receptacles in which such food of drug is at the time kept, and all apparatus and utensils used in the preparation, sale, distribution or delivery of such food or drug, and may select, demand, and take, for the purpose of examination, or of analysis by an analyst, samples of such food or drugs on payment or tender of the fixed rate (if any) or the current market or a reasonable price therefor.

(2) If any such inspector or constable, as above described, shall Person refusing to sell apply to purchase any article of food or any drug exposed or kept officer liable to a for sale, or on sale, on any premises or in any factory, warehouse. penalty. workshop, shop, or in any street or open place, or being carried

SA, 257, 1882, for sale or delivery as may be selected by him, and shall tender not sec. 19. less than the fixed rate (if any) or the current market or a reasonable Imp. Acts, 1875, price for the quantity which he shall require for the purpose of sec7. 1978, sec.

1899, sec. 18. analysis, not being more than shall be reasonably requisite, and the person exposing, keeping, or having the same for or on sale, or carrying the same for sale or delivery, shall refuse to sell the same to such inspector or constable, such person shall be liable to a penalty not exceeding Twenty Pounds: Provided that where any article of food or drug is exposed or kept for sale or on sale, or carried for sale or delivery in an unopened tin or packet, duly labelled, no person shall be required to sell less than the unopened tin or packet of such food or drug. In any prosecution under this section, if it be proved that the article of food or drug charged in the information was in the possession of the defendant it shall be presumed that it was exposed or kept for sale, or was on sale, or was being carried for sale or delivery (as the case may be) unless the defendant prove to the contrary.

(3) If any rates have been fixed by regulation for the payment for samples of any food or drug it shall not be necessary for any inspector or constable to pay or tender any higher price for such sample.

42. (1) The

The Food and Drugs Act.—1908.

bec. 16.

PART 1. 42. (1) The person purchasing any article under the provisions Provision for dealing of section 39 or 41 with the intention of having the same with the sample

analysed and taking proceedings shall, after the purchase shall have when purchased.

been completed, forthwith notify to the seller or his agent selling the S.A., 267, 1882, article his intention to have the sample analysed, and shall divide the

article into three parts, to be then and there separated, and each imp. Act, 1876, sec. 14; 1899, séc. 13. part to be marked and sealed, or fastened up in such a manner as its

nature will permit, and shall, if required to do so, deliver one of the parts to the seller or his agent.

(2) He shall afterwards retain one of the said parts for future comparison, and send or deliver the third part to the Central Board of Health.

(3) The Board shall send or deliver the sample to an analyst, who shall with all convenient speed analyse the same and give a certificate to the Board wherein he shall specify the results of the analysis.

43. Every certificate of analysis under this Act shall be in the form set forth in the schedule hereto, or to the like effect.

Form of certificate.
S.A., 257, 1882,
sec. 20.
Imp. Act, 1875,
sec. 18.
Analyses for local
authorities free of

44. Every analysis made under sections 40 and 41 for a local authority, with the concurrence of the Central Board of Health, shall be made without charge to such local authority.




Obstruction of officer in discharge of his duties.

Imp. Act, 1899, sec. 16.

45. Any person who wilfully obstructs or impedes any inspector or other officer in the execution of his duties under this Act, or by any gratuity, bribe, promise, or other inducement prevents, or attempts to prevent, the due execution by such inspector or officer of his duty under this Act, shall be liable to a penalty not exceeding Twenty Pounds.

Local authority, &c., 46. Nothing done bona fide by any local authority or inspector indemnified.

or other person acting under the direction or in the proper and London Public Health ordinary course of their duty of a local authority or the Central Act, Imp., 1891,

Board of Health shall subject them or any of them personally to any action, liability, claim, or demand whatsoever.

sec. 124.

Penalties for offences. See S.A., 257, 1882 sec. 4. Imp. Act, 1899, sec. 17.

47. (1) In this Act the penalty set forth at the foot or end of or elsewhere in a section indicates that any contravention of such section, whether by act or omission, shall be an offence, punishable, upon conviction, by the penalty so set forth.

(2) Where no minimum penalty is set forth for any offence against any provision of this Act the minimum penalty shall be one-tenth of the maximum penalty.

(3) Where a person guilty of an offence under this Act is liable to a penalty not exceeding Twenty Pounds he shall be liable


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