In sale of adulterated
articles no
defence to
Allege pur- vhuse for analysis.
(42 & 43 Vie.
c. 39, s. 2.)
Penalty on Dale of
spounded tood or druk.
(3 & 30 Vic.
4. €3, v. 7.)
f'rotection
fron offence
by giving of Label. (Itid, s. 8.)
Prohibition gainst the
Austraction of
any part of all article of food before sale. and selling without notice.
(Ibid, n. 5.)
Power to purchaser er seller of food or
drug to haYO
it analysed.
{{lid, s. 19.)
Ofleer named
to obtain a
sample of
ived or drug
to submit to
Buslyst
12, 5, 13.)
Provision for
dealing with
the sample
when
purchased.
(Ibid. s. 11.)
Providon
when simple is not divided.
(Ibid, s. 15.)
Person refusing to
any
pjele to any
officer liable
BO peneity.
(Ibq, s. 17.)
42 & 13 Vic.
c. 30, s. 5.)
[ XLVIII]
7. In any prosecution under the provisions of this Ordinance for selling to the prejudice of the purchaser any article of food or any drug which is not of the nature, substance, and quality of the article demanded by such purchaser, it shall be no defence to any such prosecution to allege that the purchaser, having bought only for analysis, was not prejudiced by such sale. Neither shall it be a good defence to prove that the article of food or drug in question, though defective in nature or in substance or in quality, was not defective in all these respects.
8. Any person, who shall sell any compound article of food or compounded drug which is not composed of ingredients in accordance with the demand of the purchaser, shall be liable in every case, upon summary conviction before a Magistrate, to a fine not exceeding two hundred dollars and in default of payment of the said fine to imprisonment for a period not exceeding three nonths with or without hard labour.
9. Provided that no person shall be guilty of any such offence as aforesaid in respect of the sale of an article of food or a drug mixed with any matter or ingredient not injurious to health, and not intended to fraudulently increase its bulk, weight, or measure, or conceal its inferior quality, if at the time of delivering such article or drug he shall supply to the person receiving the same a notice, by a label distinctly and legibly written or printed on or with the article or drug, to the effect that the same is mixed.
10. Any person who shall, with the intent that the same may be sold in its altered state without notice, abstract from an article of food any part of it so as to affect injuriously its quality, substance, or nature, and any person who shall sell any article so altered without making disclosure of the alteration, shall be liable in every case, upon summary conviction before a Magistrate, to a fine not exceeding two hundred dollars and in default of payment of the said fine to imprisonment for a period not exceeding three months with or without hard labour. Any person selling "skimmed milk" to a purchaser demanding “milk” shall be liable to the same punishment.
11. Any purchaser or seller of an article of food or of a drug shall be entitled, upon payment of the sum of five dollars to the Government analyst or to any analyst appointed by the Governor for the purposes of this Ordinance, to have such article analyzed by such analyst, and to receive from him a certificate of the result of his analysis.
12. Any inspector of nuisances, or inspector of weights and measures, or inspector of markets, or any police constable acting under the written instructions of the Secretary to the Sanitary Board or of the Captain Superintendent of Police or of the Medical Officer of Health may, at the cost of the Government, procure any sample of food or drugs, and, if he suspect the same to have been sold to him contrary to any provision of this Ordinance, shall submit the same to be analysed by the Government analyst or by some analyst appointed by the Governor for the purposes of this Ordinance, and such aualyst shall, upon receiving payment as is provided in the last section, with all convenient speed analyse the same, and shall give a certificate to such officer, wherein he shall specify the result of the analysis.
13. Any person purchasing any article with the intention of submitting the same for analysis shall, after the purchase shall have been completed, forthwith notify to the seller or his agent selling the article his intention to have the same analysed by the Government analyst or by some other analyst appointed by the Governor for the purposes of this Ordinance, and shall offer to divide the article into three parts to be then and there separated, and each part to be marked and sealed or fastened up in such manner as its nature will permit, aud shall, if required to do so, proceed accordingly, and shall deliver one of such parts to the seller or his agent.
He sball retain one of the said parts for future comparison and shail himself submit the third part, if he deems it right to have the article analysed, to the analyst.
14. If the seller or his agent do not accept the offer of the purchaser to divide the article purchase in his presence, the analyst receiving the article for analysis shall divide the same into two parts, and shall seal or fasten up one of those parts and shall cause it to be delivered, either upon receipt of the sample or when he supplies the certificate to the purchaser, and the purchaser shall retain the same for production in case proceedings shall afterwards be taken in the matter.
15. If any such inspector or constable as described in section 12 hereof, acting under such written instructions as therein mentioned, shall apply to purchase any article of food or any drug exposed to sale, or on sale by retail in any premises, shop or stores, or in any street or place, and shall tender the price for the quantity which he shall purchase for the