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The Food and Drugs Act.—1908.

PART 111.

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 purSee S.A., 191, 1880, sec. 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, 1875, to receive from the analyst a certificate of the result of his analysis



sec. 12.

Officer or constable to


of transit or during


40. (1) Any inspector or any police constable, under the direction food or drug in course of any local authority, may procure, without payment, at the place

of delivery, or at any railway station or other place during transit, delivery to submit to

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 seiler or consignor under section 39 of this Act.

2) If


The Food and Drugs Act.—1908.


sec. 15.

sec. 4.


taken in course of

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

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 address appear on the can or package con- sec. 10. signing the article sampled. 41. (1) Any inspector or any police constable, under the direction (nspection 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 SA., 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

any article to any 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 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 curent market or a reasonable Imp, acts, 1875, price for the quantity which he shall require for the purpose of sec: 7: 1879, sec. 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

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

SA , 257, 1882,

1899, sec. .


The Food and Drugs Act.—1908.

bec. 16.

PART 18.

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., 257, 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 ímp. Act, 1875, sec. 14; 1899, sec. 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 charge. New.

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.

Part V.



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.

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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


The Food and Drugs Act.—1908.


on a second conviction for a second offence to a penalty not exceeding Fifty Pounds, and on any third or subsequent conviction to a penalty not exceeding One Hundred Pounds.

(4) Where, under any provision of this Act a person guilty of an offence is liable to a penalty which may extend to Fifty Pounds or more as a maximum, and the offence, in the opinion of the Court, was committed by the personal act, default, or culpable negligence of the person accused, that person shall be liable, if the Court is of opinion that a fine will not meet the circumstances of the case, to imprisonment, with or without hard labor, for a period not exceeding six months.

sec. 40.

48. If any person convicted of an offence under this Act shall On second offence, afterwards commit a like offence, it shall be lawful for the Court name of offender.

power to publish before which the second conviction shall take place to cause the n.z., 20, 1890, offender's name, place of abode, and offence, and the penalty imposed to be published at the expense of such offender in such newspapers or in such other manner as the Court shall direct. The

expense of such publication shall be deemed part of the costs £xpense of publicaattending the conviction, and shall be recoverable in the same manner as costs are recoverable.



49. Every monetary penalty imposed and recovered under this Application of

penalties. Act shall be paid in the case of a prosecution by an officer of a local authority or constable to such officer or constable, and shall be by S.A., 257, 1882, him paid to the authority for which he acts, and be applied towards

Imp. Act, 1875, the expenses of executing this Act; but in the case of any prosecu- sec. 26. tion by the Central Board of Health the penalties shall be paid into the general revenue.


50. When an analyst having analysed any article shall have Proceedings against given his certificate of the result, from which it may appear that an

See S.A., 257, 1882, offence against any of the provisions of this Act has been com- sec. 22. mitted, any person may take proceedings for the recovery of the Imp. Act, 1875, penalty herein imposed for such offence before a Special Magistrate Tas., 37, 1903, or any two Justices of the Peace.

sec. 138.


51. (1) When any article of food or drug has been purchased Time for proceeding

and regulation as to from any person for analysis, any information shall be laid within twenty-eight days from the time of the purchase. (2) In any prosecution under this Act the summons shall state par- Summons to state

particulars. ticulars of the offence alleged, and also the name of the informant, and, except in proceedings under section 35, shall not be made return- Imp. Act, 1899, able in less time than fourteen days from the day on which it is served, and there must be served therewith a copy of any analyst's certificate obtained on behalf of the prosecutor.

(3) In any proceedings under this Act any article that may be both an article of food and a drug may be described either as an article of food or as a drug.


(4) At

The Food and Drugs Act.1908.


sec. 25.

(4) At the hearing of any proceedings under this Act the proCertificate of analyst duction by the informant or the defendant of a certificate purportprimâ facie evidence for the prosecution

ing to be signed by an analyst shall be sufficient evidence of the or defence, but

identity of the food or drug analysed, and of the result of the analyst to be called if required. analysis and of the facts therein stated, without proof of the signa

ture of the person appearing to have signed the same, unless S.A., 257, 1882, either party shall require that the analyst shall be called as a Imp. Acts, 1875,

witness, and the parts of the articles retained by the person who sec. 21; 1899, sec. 22. purchased the article shall be produced: Provided that at least three

clear days' notice before the return day shall be given to the analyst if he is required to attend as a witness and : Provided that a copy of a certificate to be used by the defendant shall be sent to the informant at least three clear days before the return day, and if it be not so sent the Court may, if it thinks fit, adjourn the hearing on such terms as it may deem proper.


Justices may act though members of Central Board or local authority or liable to contribute.

London Public Health
Act, Imp., 1891,
sec. 122.

52. No Judge, Special Magistrate, or Justice of the Peace shall be debarred from hearing and determining informations or otherwise acting as such Judge, Special Magistrate, or Justice under this Act by reason1. Of his being a member of the Central Board of Health or of

any local authority; or 11. Of his being one of several ratepayers, or as one of any other

class of persons liable in common with the others to contribute to or be benefited by any rate or fund out of which any expenses incurred by a local authority are to be

defrayed : or 11. Of his having taken part as such member of the Central

Board or local authority in any deliberation out of which such prosecution may have arisen: or of his having been present at or taken part as such member in any meeting of such Central Board or local authority at which any information so to be heard and determined may have been advised or been directed to be laid.

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53. The Court before which any proceedings are taken, or the Local Court of Full Jurisdiction, on any appeal, may, upon the request of either party, in its discretion cause any article of food or drug to be sent to the Central Board of Health, who shall thereupon direct an analyst to make an analysis and give a certificate to such Court of the result of the analysis; and the expense of such analysis shall be paid by the complainant or the defendant as the Court may by order direct.

Imp. Act, 1875, sec, 22,

Proceedings in respect of offences.

54. All proceedings in respect of offences against this Act shall be by information, and shall be heard and determined in a summary way before any Special Magistrate or any two Justices under Ordinance No. 6 of 1850 and Act No. 298 of 1883-4, and any

Act for the time being in force amending or substituted therefor.

55. There

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