1960-HKRS29-8-27_Part03 — Page 5

Power to

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(5) In any proceedings under this section, the fact that a label or advertisement in respect of which the offence is alleged to have been committed contained an accurate statement of the composition of the food or drug shall not preclude the court from finding that the offence was committed.

(6) In this section, save in so far as it relates to drugs, references to sale shall be construed as references to sale for human consumption.

62. (1) Any public officer authorized in writing in that behalf by Lake samples, the Authority may take samples for analysis, or for bacteriological or other examination, of any food or drug, or of any substance capable of being used in the preparation of any food or drug, which appears to him to be intended for sale or to have been sold for human con- sumption or for use by man, as the case may be, or which is found by him on or in any premises, stall, vehicle, vessel, aircraft or place which he is authorized to enter for the purposes of this Ordinance :

Provided that-

(Cap. 134).

Provisions as to the laking of

samples for anlaysia.

(0) such officer shall pay or tender payment of the market price of any such sample, or, if the market price be unknown or not readily ascertainable, a reasonable price, to the person appear- ing to have the lawful custody of such food, drug or substance; and

(6) where any such food, drug or substance is kept for retail sale in unopened packages, no such sample shall consist of less than the whole of the contents of any one such package.

(2) When taking any sample under this section, such officer shall take such steps as may be necessary to satisfy himself that the sample taken is a fair sample of the bulk of the food, drug or other substance in question.

(3) Nothing in this section shall be construed as authorizing any purchase or sale of drugs in contravention of the provisions of the Dangerous Drugs Ordinance.

(4) Any person who fails to comply with any demand or requisi tion made under the provisions of this section shall be guilty of an offence.

63. (1) An officer who takes a sample under the provisions of section 62 of any food, drug or substance for the purpose of analysis shall forthwith divide such sample into three parts, each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall—

(a) with respect to one part of the sample comply with the pro-

visions of subsection (2); and

(A) with respect to the remaining parts of the sample comply with

the provisions of subsection (3).

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(2) () If the sample was obtained by purchase from a dealer in the food, drug or substance in question the officer shall give the one part to the vendor, such vendor being permitted to select such part from the three parts.

(b) If the sample was obtained by purchase from an automatic

machine---

(i) if the name and address (being an address in the Colony) of a person slated to be the proprietor of the machine appears on the machine, the officer shall give the one part of the sample to that person,

(ii) in any other case, the officer shall give the one part to the occupier of the premises on which the machinc stands or to which it is affixed.

(c) If the sample is of any food, drug or substance consigned from outside the Colony and was taken by the officer before delivery to the consignee, the officer shall give the one part of the sample to the consignee.

(d) If the sample is of any food, drug or substance in transil from a consignor within the Colony to a consignee (whether within or without the Colony), the officer shall give the one part of the sample to the consignor.

(e) If none of the foregoing paragraphs of this subsection apply. the officer shall give the one part of the sample to the person appearing to him to be the owner of the food, drug or substance of which the sample was taken.

(3) Of the remaining two parts of the sample, the officer shall, Baless he decides not to have an analysis made, personally submit one to the public analyst, and retain the other for future comparison.

(4) In every case to which the provisions of subsection (2) apply. the officer shall inform the person to whom the part of the sample is given that the sample was taken for the purpose of analysis by the public analyst.

(5) When any sample which has been taken for analysis consists of the contents of an unopened package, the officer shall retain the packing material and, if he decides to have an analysis mude, deliver ch sample, together with such packing material and any label which may have been attached thereto at the time when the sample was taken, to the public analyst with the part of the sample submitted in accordance with the provisions of subsection (3).

(6) Any part of a sample which under the provisions of this jection is to be given to any person may be given either by delivering it to him or to his agent, or by sending it to him by post in a registered packet: