Recovery of
expenses incidental to
25.-(1) Where any person is convicted of an fees and other offence under this Ordinance, the Magistrate may order that all fees and other expenses incident to the prosecution. analysis of any food or drug in respect of which the conviction is obtained (including an analysis made under section 23) shall be paid by the person con- victed.
Repeal of Ordinance No. 8 of 1896.
Comence- ment.
(2) All such fees and expenses shall be recoverable in the same manner as a fine is recoverable.
26. The Sale of Food and Drugs Ordinance, 1896, is repealed.
27. This Ordinance shall not come into operation until such date as the Governor shall notify by pro- clamation as the date of the commencement of this Ordinance.
1?
Objects and Reasons
1. The object of this Ordinance, which follows very closely the provisions of the Sale of Food and Drugs Enactment No. 9 of 1913, of the Federated Malay States, is more effectively to safeguard the public with regard to articles of food. A table of correspondences explaining the difference between the Ordinance and the Enactment is attached.
2. Purity, cleanliness of manufacture, freedom from adulteration and contamination, correct labelling and pro- per constituents of food are to be obtained by conformation with regulations made for that purpose (s. 3).
3. The enforcement of the provisions of the proposed Ordinance is to be placed in the hands of persons specially authorized for the purpose by the Urban Council on the recommendation of the Director of Medical and Sanitary Services.
4. These persons are given special powers to inspect food wherever it may be, if the persons so authorized has reason to believe it is intended for sale. He has also power to seize food which appears to be unwholesome and to destroy decayed or putrid food (s. 4).
5. The person claiming any food seized has 48 hours to complain to a magistrate who shall bear and deliver the complaint.
6. The taking of samples of food or drugs and the analysis of the same is provided for.
7. Power is given to call for documents and information dealing with the purchase and possession of food (s. 9).
8. The sale of adulterated food, unless the nature of the adulteration is fully disclosed is an offence.
9. A list of offences is set out in s. 10.
10. Adulteration is deemed to have taken place under certain circumstances (s. 15).
11. The liability of importers is dealt with in s. 16.
12. An agent or servant selling is liable as the seller
and his principal is also liable (s. 17).
13. Food or drugs exposed for sale are deemed until the contrary is proved to be for human consumption (8. 18).
14. Legal procedure and evidence are dealt with in the latter part of the Ordinance.
15. The Ordinance repeals the Food and Drugs Ordi- nance, 1896, (Ordinance No. 8 of 1896).
September, 1933
C. G. ALABASTER,
Attorney General,