Certificate of analysis.
Seventh Schedule.
Evidence of anulysis.
Seventh
Schedule.
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Provided that where, after reasonable inquiry, the officer is unable to find the person to whom the part of the sample is to be given or to ascertain his name and address, he may, in lieu of giving the part to that person, retain it.
(7) If it appears to the officer that any food, drug or substance of which he has taken a sample for the purpose of analysis was manu- factured or pul into its wrapper or container by a person (not being a person to whom one part of the sample is required to be given by virtue of the provisions of subsection (2)) having his name, and an address in the Colony, displayed on the wrapper or container, the officer shall, unless he decides not to have an analysis made, within three days after taking such sample, send to that person a notice informing him that the sample has been taken by him and where the sample was taken or, as the case may be, from whom it was purchased.
(8) Where a sample taken under the provisions of section 62 has been analysed by a public analyst, any person to whom a part of the sample was given in accordance with the provisions of subsection (2) shall be entitled, on payment of a fee of one dollar, to be supplied with a copy of the certificate given by such public analyst under sco tion 64.
(9) Any person who, for the purpose of advertisement, uses any certificate of analysis obtained under the provisions of subsection (8) shall be guilty of an offence.
64. (1) In every case in which a sample for analysis is delivered to the public analyst under the provisions of section 63, the analyst shall cause it to be analysed as soon as practicable and shall give to the officer requesting the analysis a certificate specifying the result of the analysis in the form of Form A prescribed in the Seventh Schedule:
(2) A certificate of the results of an analysis given by a public analyst in pursuance of the provisions of subsection (1) shall be signed by him, but the analysis may be made by any person acting under his directions.
65. (1) In any proceedings under this Part, the production by ont of the parties of a document purporting to be a certificate of the public analyst in the form of Form A prescribed in the Seventh Schedule, f of a document supplied to him by the other party as being a copy of such a certificate, shall be prima facie evidence of the facts stated therein, unless, in the first mentioned case, the other party requires that the public analyst shall be called us a witness.
(2) In any such proceedings, if a defendant intends to produce & certificate of the public analyst, or, under the provisions of subsection (1), to require that the public analyst shall be called as a witness, notic of his intention, together, in the first mentioned case, with a copy of the
39
certificate, shall be given to the other party not less than three clear days before the day on which the sammons is returnable, and, if this require- ment is not complied with, the court may adjourn the hearing on such terms as it thinks proper.
(3) Where any relevant method of analysis has been prescribed by regulations made under paragraph (e) of subsection (1) of section 55. evidence of an analysis carried out by the prescribed method shall be preferred to evidence of any other analysis or test.
articles or
66. (1) In any proceedings under this Part in respect of an article Proceedings or substance sampled, the summons shall not be made returnable less in respect of than fourteen days from the day on which it is served, and a copy substances of any certificate of analysis obtained on behalf of the prosecutor shall sampled. be served with the summons.
(2) In any proceedings under this Purt, where a sample has been procured in such circumstances that its division into parts is required by this Ordinance, the part of the sample retained by the person who took it shall be produced at the hearing.
67. (1) For the purposes of this Part-
(a) any article commonly used for human consumption, or any drug commonly used by man, shall, if sold or offered, exposed or kept for sale, be presumed, until the contrary is proved, to have been sold, or as the case may be, to have been or to be intended for sale for human consumption or for use by man,
(6) any article commonly used for human consumption, or any drug commonly used by man, which is found on any premises or in any vessel, vehicle or aircraft used for the preparation, storage, transport or sale of that article or drug, and any article commonly used in the manufacture of products for human consumption or drugs for use by man which is found on any premises or in any vessel, vehicle or aircraft used for the preparation, storage, transport or sale of those products or drugs, shall be presumed, until the contrary is proved, to be intended for sale, or for manufacturing products for sale for human consumption or for use by man, as the case may be; (c) any substance capable of being used in the composition or preparation of any article commonly used for human con- sumption or any drug commonly used by man which is found on any premises or in any vessel where that article or drug is prepared shall, until the contrary is proved, be presumed to be intended for such use.
(2) Where any food for human consumption or any drug for use by man is sold, or deposited with or consigned to any person for the purpose of sale for human consumption or use by man, as the case
Presumptions.