221231-1935-Supplementary-Bills-read-a-first-time- — Page 121

Power to demand, select and take samples.

Any person may have sample analysed.

Samples how taken.

Certificate

of analyst.

452

(3) If within forty-eight hours after such seizure no complaint has been made or if such seizure is con- firmed, the article seized shall become the property of the Government and shall be destroyed or otherwise disposed of so as to prevent its being used for human consumption.

5.--(1) On payment or tender to any person selling or making any food or drug or to his agent or servant of the current market value of the samples in this section referred to, any officer may at any place demand and select and take or obtain samples of the said food or drug for the purpose of analysis.

(2) Any such officer may require the said person or his agent or servant to show and permit the inspec- tion of the package in which such food or drug is at the time kept and to take therefrom the samples demanded.

(3) Where any food or drug is kept for retail sale in an unopened package, no person shall be required by any officer to sell less than the whole of the con- tents of such package.

(4) Every person commits an offence who refuses or neglects to comply with any demand or requisition made by an officer in pursuance of this section unless he proves that he had no knowledge or reason believe that the sample demanded was required for the purpose of analysis.

to

6. Any person may, on payment of the prescribed fee together with the cost of the sample, require any officer to purchase a sample of any food or drug and submit the same for analysis.

7.—(1) Where it is intended to submit any sample for analysis, the officer purchasing or otherwise pro- euring it shall, before or forthwith after procuring it, inform the seller or his agent selling the article that he intends to have the same analysed by an analyst.

(2) He shall thereupon divide the sample into three parts and shall mark and seal or fasten up, in such manner as its nature will permit, each such part and shall offer one of such parts to the seller or his agent.

(3) He shall subsequently deliver, personally, an- other of such parts to an analyst and shall retain the third of such parts.

(4) When any sample for analysis is procured in an unopened package, the officer procuring the same shall retain such package and at the time of delivering a part of the sample to au analyst shall also deliver to him such package together with any label which may have been attached to the said package at the time it was procured.

8. (1) The certificate of the analyst shall be in the form prescribed by regulations.

(2) Where any method of analysis, chemical or physical, has been prescribed by regulations for the analysis of any food or drug, any analyst either for the prosecution or defence shall follow and shall in his certificate of analysis declare that he has followed the prescribed method in his analysis.