The Roads Amendment Act.-1908.

CORPORATE TOWN OF YORKETOWN.

1. Moonta Main Road.-Commencing at the post office, Yorketown, hundred of Melville; thence north-easterly along Moonta Main Road to north boundary of the corporate town. Distance, about sixteen chains; number on Schedule A, 215. 2. Stansbury Main Road.-Commencing at the post office, Yorketown, hundred of Melville; thence easterly along Stansbury Main Road to the east boundary of the corporate town. Distance, about fifteen chains; number on Schedule, 220. 3. Edithburgh Main Road.-Commencing at the post office, Yorketown, hundred of Melville; thence south-easterly along Edithburgh Main Road to the southeast corner of the corporate town. Distance, about twenty-eight chains; number on Schedule A, 215.

4. Warooka Main Road.-Commencing at the post office, Yorketown, hundred of Melville; thence westerly along Warooka Main Road to the western boundary of the corporate town. Distance, about forty-two chains; number on schedule A,

An Act to Consolidate and Amend the Law relating to the Sale of Food and Drugs.

BE

[Assented to, December 23rd, 1908.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

PART I.
INTRODUCTORY.

PART 1.

1. This Act may be cited as "The Food and Drugs Act, 1908."

2. This Act is divided into parts, as follows:

PART 1. Introductory:

PART II.-Administration:

Short title.

Parts.

PART IV.-Analysis:

PART V.-Penalties and Procedure:

PART VI.-Regulations.

3. This Act shall commence on the first day of June, one Commencement of thousand nine hundred and nine.

4. The following Acts are hereby repealed:

The Act, No. 5 of 1862, intituled "An Act to regulate the
Sale of certain Poisons":

"The

Act.

Repeal.

PART 1.

Interpretation

The Food and Drugs Act.-1908.

"The Sale of Food and Drugs Act, 1882":
"The Food and Drugs Amendment Act, 1890":

"The Food and Drugs Further Amendment Act, 1903.'

5. In this Act, except where otherwise clearly intended—
"Adulterated food" shall mean any food which differs in

composition, by reason either of the addition of foreign
matter or of the abstraction of any matter, from food
ordinarily known under the same name as that which the
said food is represented to be, or which differs from the
standard (if any) of such food fixed by regulation under
this Act:

"Adulterated drug" shall mean any drug which differs in
composition, by reason either of the addition of foreign
matter or of the abstraction of any matter, from the drug
ordinarily known under the same name as that which
the said drug is represented to be, or which differs from
the standard (if any) of such drug fixed by regulation
under this Act:

"Analyst" shall mean an analyst appointed under this Act:
"Animal" shall mean and include mammal, fish, fowl, crus-
tacean, mollusc, and all animals used as food:

"Central Board of Health" shall mean the Central Board of
Health within the meaning of "The Health Act, 1898":
"Court" shall mean a Special Magistrate, or two or more
Justices of the Peace sitting to hear and determine any
information for an offence against this Act:

66

Drug" shall mean any substance used for or in the composition or preparation of medicine, whether for internal or external use, and includes any preservative, antiseptic, disinfectant, deodorant, narcotic, and cosmetic:

"Food" shall mean any article used for food or drink by man, other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food; and shall include flavoring matters, condiments, and confectionery :

"Government Analyst " means the person for the time being holding the office of Government Analyst under appointment by the Governor, or the person so appointed to perform the duties of the Government Analyst for the time being:

"Inspector" shall mean an inspector appointed under this Act and includes the Chief Inspector:

"Justice" shall mean a Justice of the Peace for the said State:

"Local

The Food and Drugs Act.-1908.

Local Authority" shall mean any Local Board of Health or any County Board within the meaning of "The Health Act, 1898," or of this Act: "Metropolitan area" means the Municipal Corporations of Adelaide, Brighton, Glenelg, Hindmarsh, Kensington and Norwood, St. Peters, Thebarton, Port Adelaide, and Unley, and the District Councils of Burnside, Campbelltown, Marion, Mitcham, Payneham, Prospect, Walkerville, West Torrens, and Yatala South; and also such other local boards as may on their request by Proclamation be declared to be within the metropolitan area:

"Patent medicines" includes all proprietary and secret medicines and all infant and patent foods:

"Person" includes any body of persons, whether corporate or
unincorporate:

"Poisons" means such articles as the Governor by Proclamation
published in the Government Gazette from time to time
declares to be poisons within the meaning of this Act:
"This Act" includes any regulation made under this Act.

PART I.

PART II.
ADMINISTRATION.

PART II.

Act.

6. It shall be the duty of the Central Board of Health to en- Central Board of force this Act, and for this purpose it shall have and exercise Health to administer throughout the whole State all the powers and authorities herein conferred on it, and also every power, authority, and discretion vested in a local authority by this Act.

appointed under

7. The Governor, on the recommendation of the Central Board Officers to be of Health, may appoint a Chief Inspector of Food and Drugs and this Act. Inspectors of Food and Drugs, who shall act under the Central Board of Health, and who shall have and exercise throughout the State all the powers and authorities of an inspector appointed by a local authority under this Act.

8. (1) It shall be the duty of every local authority to put in force from time to time, as occasion may arise, the powers with which it is invested by this Act, so as to provide proper securities for the sale of food and drugs in a pure and genuine condition, and in particular to direct its officers to take samples for analysis.

(2) If the Central Board of Health, after communication with a local authority, is of opinion that the local authority has failed to execute or enforce any of the provisions of this Act in relation to any article of food or drug, the Board may, by order, empower an officer of the Board to execute and enforce those provisions, or to procure the execution and enforcement thereof, in relation to any article of food or drug mentioned in the order.

(3) The expenses incurred by the Central Board of Health or its officer under any such order may, if the Board direct, be regarded as

a

See S.A., 493, 1890, sec. 4; 844, 1903,

sec. 2.

Power for Central
act in default of local
authority.
Imp. Act, 1899,

Board of Health to

sec. 3.