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REPORT OF THE PUBLIC ANALYST TO GOVERNMENT
9. If any article intended for food appears to the local executive officer to be adulterated
or other than what it purports or is represented to be, or if any vessel
or utensil used in manufacturing, preparing or containing such article
appears to violate any rule made under section 20, he may seize or
carry away or secure such article, utensil or vessel, in order that the same may be dealt with
as hereinafter provided.
Power of local executive
officer to seize adulterated
food, etc.
Penalty for removing or
interfering with articles
seized.
10. Every person who shall remove or in any way interfere with
an article secured under the last preceding section shall be punished
with fine which may extend to five hundred rupees.
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.
Sample of articles seized
to be sent to the public
analyst.
Production of articles,
etc., seized before magis
-trate and powers of magis
-trate to deal with them.
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 there of 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 con
-taining any such article as aforesaid.
1 3 . ( 1 ) A n y p u r c h a s e r o f a n y a r t i c l e o f f o o d s h a l l b e e n t i t l e d , i f a p u b l i c a n a l y s t h a s
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 Rs. 100.
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.
Purchaser may have
food analysed.
Power of local executive
officer to purchase samples
for analysis.
Procedure when article
is purchased for analysis.
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