Sample of
articles
seized to be
sent to the
public
analyst.
Production of
articles, etc.,
seized before
magistrate
and powers
of magistrate
to deal with
tbem.
40
REPORT OF THE KING INSTITUTE, GUINDY
Purchaser
may have
food
analysed.
Power of
local execu-
tive officer
to purchase
samples for
analysis.
Procedure
when article
is purchased
for analysis.
11. When any article of food seized under section 9 appears to the local executive officer
to be adulterated or other than what it purports or is represented to be, he shall forthwith
send a sample of such article to the public analyst.
12. (1) Articles of food or samples thereof, utensils, or vessels seized under section 9,
shall, as soon as possible, be produced before a magistrate ;
Provided that where a sample of an article has been sent to the public analyst the
article or sample thereof may be produced before the magistrate after receipt of the public
analyst's certificate.
(2) Whether or not complaint is laid before the magistrate of any offence under the
Indian Penal Code or under this Act, if it appears to the magistrate on taking such evidence
as he thinks necessary that any such article is adulterated or other than what it purports or is
represented to be, or any such utensil or vessel is of such kind or in such state as is described
in section 9 he may order the same
(a) to be forfeited to the local authority, or
(b) to be destroyed at the charge of the owner or person in whose possession it was at
the time of seizure in such manner as to prevent the same being again exposed or hawked
about for sale or used for human food or for the manufacture or preparation of or for
containing any such article as aforesaid.
13. (1) Any purchaser of any article of food shall be entitled, if a public analyst has
been appointed for the area within which such article is purchased, on payment of such
fees as may be prescribed by the authority appointing the analyst, to have such article
analysed by such public analyst and to receive from him a certificate of the result of his
analysis.
(2) Before submitting such article to be analysed as aforesaid the purchaser shall
notify to the seller his intention to have it so analysed ; and the public analyst on receiving
such article for analysis shall divide it into three parts, of which one is to be analysed, another
to be retained by him in order to be returned with his certificate and the third to be delivered
on demand to the seller : provided that each part, other than the part analysed, shall be
marked and sealed or fastened up in such manner as its nature permits.
14. (1) The local executive officer may purchase a sample of any article of food from any
person exposing such article for sale or from any person who is in the course of delivering or
preparing to deliver it to a purchaser or consignee, and may submit it to be analysed by the
public analyst appointed for the area within which such sample has been procured.
(2) Every such person who refuses to sell such sample to the local executive officer or
any person duly authorized by him at the price at which he usually sells the article shall be
punished with fine which may extend to one hundred rupees.
15. (1) When the local executive officer or any other person purchases a sample of food
with the intention of submitting it to be analysed by the public analyst, he shall notify to
the person from whom he has purchased the article his intention to have it analysed and shall
divide it in three parts to be then and there separated and each part to be marked and sealed
or fastened up in such manner as its nature permits and shall deliver one of the said parts to
the seller and retain another of the parts for production in case proceedings are taken and
submit the third part, if he deems it right to have the articles analysed, to the public analyst.
(2) If the seller declines to accept one of the parts, the public analyst receiving a
sample for analysis shall divide it into two parts and shall seal or fasten up one of those parts
and shall cause it, either upon receipt of the sample or when he delivers his certificate, to be
delivered to the purchaser or to the local executive officer who shall retain it for production in
case proceedings are taken.
Public
analyst's
certificate.
Jurisdiction
of magis
-trates.
16. (1) Every public analyst to whom a sample has been submitted under this Act shall
deliver to the person so submitting it a certificate in the form prescribed in the schedule to
this Act, or to the like effect, specifying the result of his analysis.
(2) Any document purporting to be such certificate signed by a public analyst may be
used as evidence of the facts stated therein in any proceedings under this Act or under sections
272 to 276 of the Indian Penal Code.
Provided that any court before which a case under this Act may be pending, whether
exercising original, appellate or revisional jurisdiction, may in its discretion, at the request
either of the accused or of the complainant, cause any article of food to be sent for analysis to
the Chemical Examiner to Government or to any public analyst designated for the purpose by
the Local Government, who shall thereupon analyse the same and report the result of such
analysis to the said court : and the expense of such analysis shall be paid by the accused or
the complainant, as the court may by order direct.
17. Third-class magistrates shall not try any offence under this Act unless they have
been generally or specially empowered in this behalf by the Local Government.