Live poultry
decmed food
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(5) The Authority may from time to time take such steps as it may think fit for publishing codes of practice in connexion with matters which may be made the subject of regulations under this section, for the purpose of giving advice and guidance to persons responsible for compliance with such regulations.
(6) A failure on the part of any person to observe any provisions of a code published under subsection (5) shall not of itself render that person liable to criminal proceedings of any kind but any such failure may, in any proceedings whether civil or criminal and including pro- ceedings for an offence under this Ordinance, be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.
57. Regulations made under section 56 may include provision for and live bish the prohibition, restriction or regulation of the sale, or the possession. offer or exposure for sale or consignment or delivery for sale, of live poultry and live fish in the same manner as if such live poultry and live fish were food.
Dor purposes of regula- tions,
Power to call for informa - tion as to composition of substances
used in the preparation of food or drugs,
58. (1) For the purposes of the exercise by the Governor in Council and the Authority of the powers vested in them by sections $5 and 56, respectively, the Governor, in relation to section 55, and the Authority, in relation to section $6, may, by order require any person who at the date of the order or at any subsequeal time carries on a business which includes the production. importation, or use of substances of any class specified in the order to furnish to such public officer as shall be specified in the order, within such time as may be so specified, such particulars as may be so specified of the composition and use of any such substance sold in the course of that business for use in the preparation of food for sale for human consumption or drug for sale for use by man or used for that purpose in the course of that business.
(2) Without prejudice to the generality of the provisions of sub- section (1), an order made thereunder may require the following partic ulars to be furnished in respect of any substance, that is to say-
(4) particulars of the composition and the chemical nature of the
substance;
(b) particulars of the manner in which the substance is used or proposed to be used in the preparation of food or drugs;
(c) particulars of any investigations carried out by or to the knowl- edge of the person carrying on the business in question, for the purpose of determining whether and to what extent the substance, or any product formed when the substance is used as aforesaid, is injurious to, or in any way affects, health,
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(c) particulars of any investigations or inquiries carried out by or to the knowledge of the person carrying on the business in question for the purpose of determining the cumulative effect on the health of a person consuming or using the substance in ordinary quantities,
(3) No particulars furnished in accordance with an order made under the provisions of subsection (1), and no information relating to any individual business obtained by means of such particulars, shall, without the previous consent in writing of the person carrying on the business in question, be disclosed except-
(a) in accordance with the directions of the Governor so far as the purposes of section 55, and the Authority so far as the purposes of section 56. may require; and
(b) for the purposes of any proceedings for an offence against the
order, or any report of those proceedings.
(4) Any person who discloses any particulars or information in contravention of the provisions of subsection (3) shall be guilty of an offence.
(5) Any person who fails to comply with the requirements of any order made under the provisions of subsection (1) shall be guilty of an offence.
seizure and mocking or destruc- tion of food or drugs.
59. (1) Any public officer authorized in writing in that behalf Examina- by the Authority may examine any food which is, or which appears (ion and to him to be, intended for human consumption, or any drug which is. or which appears to him to be, intended for use by man, and, if it appears to him to be unfit for human consumption or for use by man, as the case may be, or that any of the provisions of any regulation made under section 55 or 56 or any of the provisions of the New Territories (Vol. IX. Rules have been contravened in respect thereof, may seize and remove such food or drug and any package in which the same was contained.
(2) If it appears to any public officer authorized in writing in that behalf by the Authority that any food or drug, whether seized under the provisions of subsection (1) or not, is unfit for human consumption or for use by man, respectively, or that any of the provisions of any regulations made under section 55 or 56 or any of the provisions of the New Territories Rules have been contravened in respect of any such food or drug, he may-
(a) affix to such food or drug a mark, seal or other designation; or (b) destroy or otherwise dispose of such food or drug or cause
the same to be destroyed or otherwise disposed of.
(3) If any person sells, offers or exposes for sale, or deposits or consigns to any person for the purpose of sale or preparation for sale, of otherwise uses, any food or drug contrary to the purport of any mark,
P-99).
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