FOOD AND DRUGS

(1) No person shall add, or cause or permit any other person to add –

with the intent that the food or drug may be sold in that state.

(2) No person shall sell, or have in his possession for the purpose of sale, any food or drug to which any substance has been so added.

(a) without notice to the purchaser of the alteration; or

(b) whether with or without such notice, if in that state the food does not comply with any relevant provisions contained in regulations made under this Act for prescribing the com-position of food.

(1) No person shall sell, to the prejudice of the purchaser, any food or drug which is not of the nature, substance or quality, of the food or drug demanded by the purchaser.

(2) Where regulations made under this Act contain provisions prescribing the composition of, or prohibiting or restricting the addition of any substance to, any food, a purchaser of such food shall, unless the contrary is proved by the seller of such food, be deemed for the purposes of this section to have demanded food complying with the provisions of such regulations.

(3) In proceedings in respect of any contravention of this section, it shall not be a defence to allege or prove that the purchaser bought for analysis or examination and was therefore not prejudiced.

(1) Subject to the provisions of subsection (4), a person shall not be convicted of a contravention of section 4 alleged to have been committed in respect of any food or drug, if he proves-

The provisions of this subsection shall have effect in addition to the provisions of subsections (2) and (3).

(2) Subject to the provisions of subsection (4), a person shall not be convicted of a contravention of section 4 alleged to have been committed in respect of any food or drug, to which some substance has been added, if he proves –

(3) Subject to the provisions of subsection (4), a person shall not be convicted of a contravention of section 4 alleged to have been committed in respect of any food or drug, from which some constituent has been abstracted, if he proves-

(4) Notwithstanding anything in the preceding provisions of this section, none of the defences specified in paragraph (a) or paragraph (b) of subsection (1) or in subsection (2) or in subsection (3) shall be available in the case of any food which does not comply with any relevant provision contained in regulations made under this Act for prescribing the composition of food, or prohibiting or restricting the addition of any substance to food.

(a) the label must state explicitly what substance has been added to, or what constituent has been abstracted from, the food or drug ; and

(b) it must be of adequate size, and have the notice of addition or abstraction distinctly and legibly printed and conspicuously visible, unobscured by any other matter on the label.

(1) No person shall give with any food or drug sold by him a label, whether attached to or printed on the wrapper or container or not, which falsely describes that food or drug, or is otherwise calculated to mislead as to its nature, substance or quality :

provided however that in proceedings in respect of any contravention of the preceding provisions of this subsection it shall be a defence for the accused to drove that he did not know, and could not with reasonable diligence have ascertained, that the label was of such a character as aforesaid.

(2) No person shall publish, or be a party to the publication of, an advertisement (not being such a label so given by him as aforesaid) which falsely describes any food or drug, or is otherwise calculated to mislead as to its nature, substance, quality or potency :

Provided that in proceedings in respect of any contravention of the preceding provisions of this subsection it shall be a defence for the accused to prove either –

In any such proceedings as aforesaid against the manufacturer, producer or importer of the food or drug, the burden shall lie upon the accused to prove that he did not publish the advertisement and was not a party to its publication.

(a) if made in contravention of any of the regulations which are expressed to be made for the prevention of danger to health, shall, and

(b) if made to an amount not exceeding the limit, if any, specified, by any of the regulations, shall not,

(a) the authorization of the taking of measures for the prevention of danger to health from the importation, preparation, transport, storage, exposure for sale, and delivery, of food and drugs of various kinds intended for sale or sold for human consumption ;

(b) requiring wrappers or containers enclosing or containing food and drugs of various kinds to be labelled or marked in accordance with the regulations ;

(c) the prohibition or restriction of the addition of any substance to, and the regulation generally of the composition of, any food or drug; and

(d) the control of the use of waste products derived from the manufacture of any food or drug.

(1) No person shall –

any food intended, but unfit, for human consumption.

(2) Where food in respect of which any contravention of the provisions of paragraph (a) of the preceding subsection has been committed was sold to the offender by some other person, that person also shall, subject to the provisions of this section, be guilty of an offence under this Act.

(3) In proceedings in respect of any contravention of paragraph (b) of subsection (1) of this section or in respect of any offence under the last preceding subsection, it shall be a defence for the accused to prove either that he gave notice to the person with whom he deposited, or to whom he consigned or sold, the food in question, that it was not intended for human consumption, or that, at the time when he delivered or despatched it to that person, either it was fit for human consumption, or he did not know, and could not with reasonable diligence have ascertained, that it was unfit for human consumption.

(1) Any authorized officer of the appropriate competent authority may, at all reasonable times examine any food intended for human consumption which has been sold, or is offered or exposed for sale, or is in the possession of, or has been deposited with or consigned to, any person for the purpose of sale or of preparation for sale, and, if it appears to him to be unfit for human consumption, may seize it and remove it in order to have it dealt with by a Magistrate.

(2) Any authorized officer who seizes any food under the preceding subsection shall inform the person in whose possession it was found of his intention to have it dealt with by a Magistrate, and any person who might be liable under this Act to a prosecution for any contravention of section 10 in respect of that food shall, if he attends before a Magistrate upon the application for its condemnation, be entitled to be heard and to call witnesses.

(3) If it appears to a Magistrate that any food brought before him, whether seized under the provisions of this section or not, is unfit for human consumption, he shall condemn it and order it to be destroyed, or to be so disposed of as to prevent it from being used for human consumption.

(4) If a Magistrate refuses to condemn any food seized under this Part of this Act by any authorized officer, the Magistrate shall make order that such sum as the Magistrate may deem adequate shall be awarded as compensation to the owner of the food for any depreciation in its value resulting from its seizure and removal. The compensation so awarded shall be paid to the owner by the appropriate competent authority.

(1) Subject to the provisions of this section, the following provisions shall have effect in relation to every room in which any food intended for human consumption, other than milk, is prepared for sale or sold, or offered or exposed for sale, or deposited for the purpose of sale or of preparation for sale, that is to say :-

Provided that paragraph (i) of this subsection shall not apply in relation to a room which is used for the sale or storage, or for the sale and storage, of food contained in containers of such materials, and so closed, as to exclude all risk of contamination, but is not otherwise used for any purpose in connexion with the preparation, storage or sale of food.

(2) If, in the case of a room to which the preceding subsection applies –

then, in the first-mentioned case, the occupier of the room and, in the other cases mentioned, the person in question, whether he is the occupier or not, shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two hundred rupees and to a further fine not exceeding fifty rupees for each day during which the offence continues after conviction thereof.

(3) If, in the case of a room to which subsection (1) of this section applies, any of the requirements specified in paragraphs (a), (b), (c), or (f) of that subsection is not complied with, then, in so far as that requirement is of a structural character, the owner of the room shall, if he let it after the appointed date, for the purpose of being used for the preparation, sale or storage of food, be guilty of an offence under this Act and shall be liable on conviction to the penalty mentioned in the last preceding subsection, but without prejudice to the liability of the occupier under that subsection.

(4) In this section, the expression ” room ” includes a shop or cellar or any other part of a building, and a shed, store or outbuilding or any part thereof, and the provisions of this section except paragraphs (e) and (f) of subsection (1) thereof, shall, so far as applicable, apply in relation to a yard, forecourt or area as they apply in relation to a room.

(5) Save in so far as may be expressly provided by Food and Drugs Regulations, neither this section nor section 13 shall apply in relation to premises which are used for the preparation, sale or storage of articles prepared from, or consisting of, materials other than those of animal or vegetable origin, but are not otherwise used for any purpose in connexion with the preparation, storage or sale of food.

(6) Regulations may be made modifying any of the preceding provisions of this section in their application, either generally, or in such area or areas as may be prescribed, and such provisions shall if so modified have effect accordingly while any such regulation is in force.

(1) Subject to the provisions of this section, and of subsection (5) of section 12, no person shall, after the expiry of a period of thirty days from the date on which the provisions of this section apply in any administrative area, use any premises in that area for-

unless the premises are registered under this section for that purpose by the appropriate competent authority.

For the purposes of this subsection, the preparation of meat or fish by any process of cooking shall be deemed to be the preservation thereof.

(2) Subject to the succeeding provisions of this section, the appropriate competent authority shall, on the application of the occupier of, or of a person proposing to occupy, any premises, register those premises for the purposes of this section.

(3) If it appears to the appropriate competent authority that any premises for the registration of which application has been made under this section, or which are registered under this section, do not satisfy the requirements of section 12, or are otherwise unsuitable for use for the purpose for which they are proposed to be used or are being used, the authority shall serve on the applicant for registration or, as the case may be, on the occupier for the time being of the premises, a notice stating the place and time, not being less than seven days after the date of the service of the notice, at which the authority proposes to take the matter into consideration, and informing him that he may attend before the authority with any witnesses whom he desires to call, at the place and time mentioned, to show cause why the authority should not, for reasons specified in the notice, refuse the application or, as the case may be, cancel the registration of the premises.

(4)

(5) A person aggrieved by the decision of a competent authority under this section to refuse to register any premises, or to cancel the registration of any premises, may appeal against that decision under and in accordance with Part VI of this Act.

(6) Upon any change in the occupation of premises registered under this section, the incoming occupier shall, if he intends to use them for the purpose for which they are registered, forthwith give notice of the change to the appropriate competent authority, who shall thereupon make any necessary alteration in the register.

The penalty for a contravention of the preceding provisions of this subsection shall be a fine not exceeding fifty rupees.

(7) This section shall not apply in relation to premises used primarily as a club, hotel, or restaurant, and in relation to premises used as a theatre, cinematograph theatre, music hall or concert hall.

(8) The preceding provisions of this section shall not apply in any administrative area unless the Minister by Order published in the Gazette declares that those provisions shall apply in that area. Every such Order shall specify the date on and after which those provisions shall so apply.

(1) If a medical practitioner becomes aware or suspects that a patient whom he is attending within any administrative area is suffering from food poisoning, he shall forthwith send to the medical officer of health for that area a certificate stating –

(2) The appropriate competent authority shall pay the prescribed fee to a medical practitioner for each certificate duly sent by such practitioner to the medical officer of health under subsection (1). Different fees may be prescribed for any such certificate sent by such practitioner in respect of a case which occurs in his private practice and which occurs in his practice as a medical officer of any public institution or body.

(3) Where the medical practitioner attending a patient is himself the medical officer of health for any administrative area, he shall be entitled to the fee to which, if he were not the medical officer of health, he would have been entitled in respect of a certificate sent by him to the medical officer of health.

(4) Notwithstanding any enactment which might entail such a disqualification, the acceptance by a medical practitioner of a fee under this section shall not subject him to disqualification for being a member of any local authority or holding any other public office.

(1)

(2) If, as a result of his investigations, the medical officer of health is satisfied that the food in question, or any portion thereof, is likely to cause food poisoning, he may deal with it as food falling within subsection (1) of section 11 of this Act; and subsections (2), (3) and (4) of that section shall apply accordingly, but, if he is satisfied that it may safely be used for human consumption, he shall forthwith withdraw his notice.

(3) If a notice given under subsection (1) of this section is withdrawn by the medical officer of health, the appropriate competent authority shall compensate the owner of the food to which the notice relates for any depreciation in its value resulting from the action taken by the medical officer. Any dispute as to whether or not any compensation is due under this section or as to the amount of such compensation shall be determined under and in accordance with Part VI of this Act.

(1) Regulations may be made under this Act (in this Act referred to as “Milk and Dairies Regulations “) for or with respect to all or any of the following purposes : –

In this subsection the expression ” milk ” means milk intended for sale or sold for human consumption, or intended for manufacture into products for sale for human consumption.

(2) Regulations made under paragraph (1) or para-. graph (m) of the preceding subsection shall not apply in relation to cream in so far as they are made for any purpose for which Food and Drugs Regulations may be made under this Act with respect to cream.

(1) Milk and Dairies Regulations may, without prejudice to the generality of the powers conferred by section 17, contain provisions for or with respect to all or any of the following purposes : –

(2) No person shall, for the purpose of the sale or advertisement of any milk-

(3) In any proceedings in respect of any contravention of the provisions of paragraph (b) of subsection (2), the burden shall lie upon the accused to prove the truth of any suggestion which, in the opinion of the court, his acts or conduct, as proved by the prosecution, are or is calculated to convey.

(1) No person shall –

(2) No person shall sell, or offer or expose for sale, under the designation of milk any liquid in the making of which any separated milk or any dried or condensed milk has been used.

(a) prescribing the kinds of flour, other than wheat flour, and other substances which may be used in the making of bread for sale ;

(b) prescribing the descriptions under which bread made of flour, other than wheat flour, may be sold, and the manner in which any such bread is to be marked ;

(c) the prohibition or restriction of the addition of any substance, or the application of any treatment, to flour intended for sale or for use in the making of bread for sale ;

(d) prescribing the descriptions under which, and conditions subject to which, flour may be sold; and

(e) the prevention of danger to health from the importation, preparation, transport, storage, exposure for sale, and delivery, of bread or flour.

(1) No person shall sell or offer or expose for sale, or have in his possession for the purpose of sale –

(2) No person shall-

unless such label or advertisement, as the case may be, states the percentage of butter which the margarine contains :

Provided however that no person shall be deemed to have contravened the preceding provisions of this subsection if the figure stated on such label or advertisement, as the case may be, as the percentage of butter which the margarine contains does not differ by more than two from the actual percentage.

(1) A person who sells, or forwards by any public conveyance, any margarine, margarine-cheese or milk – blended butter, shall sell or consign it as margarine or margarine-cheese, or, in the case of milk-blended butter, under an approved name.

(2) Every person dealing in margarine, whether by wholesale or by retail, and whether as manufacturer, importer, consignor, consignee, commission agent or otherwise, shall conform to such of the following regulations as may be applicable, namely: –

(3) The requirements of paragraphs (a) and (b) of the last preceding subsection shall apply in relation to margarine-cheese and to persons dealing therein in like manner and to the same extent as they apply in the case of margarine; and accordingly, for the purposes of such application, the provisions of those Paragraphs shall be read as if for the word “Margarine”, there were substituted the words “Margarine-cheese ” :

Provided that, where margarine-cheese is sold or dealt in otherwise than by retail, it shall be sufficient compliance with those requirements if it is itself conspicuously marked with the words ” Margarine-cheese “.

(4) The requirements of the said paragraphs (a) and (b) shall apply in relation to milk-blended butter and to persons dealing therein with the substitution of an approved name for the word ” Margarine “.

(5) Any substance resembling butter or cheese which is exposed for sale and is not marked in the manner in which margarine, milk-blended butter or margarine-cheese is required by this section to be marked shall be presumed to be exposed for sale as butter or cheese, as the case may be.

(6) In this section, the expression ” approved ” , means approved by the Minister, who, in approving for the purposes of this section names to be used in relation to margarine or milk-blended butter, shall not approve any name which refers to, or is suggestive of, butter or anything connected with the dairy interest.

(1)

(2)

(3) If on further investigation the medical officer of health is satisfied that the ice-cream or other substance in question may safely be used for human consumption, he shall forthwith withdraw his notice, but, if he is not so satisfied, he shall cause it to be destroyed, and he shall also cause to be destroyed any other ice-cream or such other substance as aforesaid then on the premises as to which he is not so satisfied.

(4) Subject as hereinafter provided, where a notice given under subsection (2) of this section is withdrawn by the medical officer of health, or the medical officer of health acting under subsection (3) of this section causes any ice-cream or other substance to be destroyed, the appropriate competent authority shall compensate the owner of the ice-cream or other substance in question for any depreciation in its value resulting from the action taken by the said medical officer or, as the case may be, for the loss of its value :

Provided that-

For the purposes of this subsection, the value of any ice-cream or other substance shall not be assessed at a sum exceeding the cost incurred by the owner in making or purchasing it.

(5) Any dispute as to whether or not any compensation is due under this section or as to the amount of such compensation shall be determined under and in accordance with Part VI of this Act.

(6) In this section the expression ” milk-borne disease ” means any disease specified in the First Schedule to this Act and any other disease which the Minister may, by Order published in the Gazette, declare to be a milk-borne disease for the purposes of this section.

(1) No person shall import into Ceylon-

(2) For the purposes of the Customs Ordinance, any food or drugs referred to in the provisions of this Act or of any regulations made thereunder relating to importation shall be deemed to be goods the importation of which into Ceylon is restricted by enactment ; and the provisions of that Ordinance shall apply accordingly.

(a) if made in contravention of the regulations shall, and

(b) if made to an amount not exceeding the limit, if any, specified in the regulations shall not,

(1) Any authorized officer of the appropriate competent authority may –

The powers conferred by the succeeding provisions of this section shall be in addition to the powers conferred by this subsection.

(2) Any authorized officer of the appropriate competent authority may take, without payment, samples of –

(3) Any authorized officer of the appropriate competent authority may take, without payment, samples of milk at any dairy, or at any time while it is in transit or at the place of delivery to the purchaser, consignee or consumer.

(4) Where milk sold or exposed for sale within any administrative area is obtained from a dairy outside that area, the medical officer of health or any authorized officer of the appropriate competent authority may, by notice in writing to the medical officer of health or any authorized officer of the appropriate competent authority within whose administrative area the dairy is situated, or through whose administrative area the milk passes in transit, request him to obtain samples of milk at that dairy, or while it is in transit, as the case may be ; and it shall be the duty of an officer who receives such a notice to obtain, as soon as practicable, samples of the milk in question and to forward such samples to the officer who gave the notice, or to such person as that officer may direct ; and, for the purposes of this Act, samples so obtained shall be deemed to have been obtained within the area for which such last-mentioned officer acts.

(5) The power of obtaining samples of milk within any administrative area conferred by this Part of this Act upon an authorized officer of the appropriate competent authority for that area may be exercised at a place outside that area, if the appropriate competent authority for the administrative area within which that place is situated has consented to samples of milk being obtained within such administrative area by authorized officers of the first-mentioned competent authority, and, for the purposes of this Act, any samples so obtained shall be deemed to have been obtained within the administrative area for which the officer in question acts.

(6) The appropriate competent authority shall not unreasonably withhold consent for the purposes of subsection (5) and any question whether or not consent is unreasonably withheld shall be referred to and determined by the Minister whose decision thereon shall be final and conclusive and shall not be subject to question or review in any court of law.

(7) Any authorized officer of the appropriate competent authority may, at the request or with the consent of the purchaser, consignee or consumer, take, at the place of delivery and without payment, samples of any food delivered, or about to be delivered, to the purchaser, consignee or consumer in pursuance of a contract for the sale thereof to him ; Provided that the preceding provisions of this subsection shall not apply in relation to milk.

(8) Any authorized officer of the appropriate competent authority may examine and take, without payment, samples of the contents of any container, forwarded by a public conveyance if he has reason to believe that the container contains margarine, margarine-cheese or milk-blended butter, which is not consigned in accordance with the provisions of this Act.

(1) If any authorized officer who has obtained a sample of any food or drug considers that it should be analysed, he shall submit it to be analysed by an approved public analyst.

(2) Any person, other than an authorized officer, who has purchased any food or drug may submit a sample of it to be analysed by an approved public analyst for the administrative area in which the purchase was made.

(3)

(1) A person purchasing a sample of any food or drug with the intention of submitting it to be analysed by an approved public analyst, or taking a sample of food on any premises with the intention of submitting it to be so analysed, shall, after the purchase has been completed or the sample has been taken, forthwith inform the seller or his agent, who sold the sample, or, as the case may be, the occupier of the premises or the person for the time being in charge thereof, of his intention to have the sample analysed by such analyst, and shall then and there-

and shall-

Provided that in relation to samples taken in such circumstances as are mentioned in either of the two next succeeding subsections, the foregoing provisions with respect to the giving of information and the manner of dealing with samples shall have effect as modified by those subsections.

(2) A person taking a sample of any food, while it is in transit or at the place of delivery to the purchaser, consignee or consumer shall, if he intends to submit it to be analysed by an approved public analyst, deal with it in the manner provided by the preceding subsection, except that he shall retain the first-mentioned part of the sample unless the name and address of the consignor appear on the container containing the article sampled in which case he shall forward that part of the sample to the consignor by registered post or otherwise, together with a notice informing that person that he intends to have part of the sample analysed by an approved public analyst.

(3) A person purchasing a sample of any food or drug from an automatic machine shall, if he intends to submit it to be analysed by an approved public analyst, deal with it in the manner provided by subsection (1) except that he shall send the first-mentioned part of the sample by registered post or otherwise together with such a notice as aforesaid-

(1) The provisions of this Act relating to the obtaining of samples by authorized officers and proceedings in connexion therewith, shall in relation to milk have effect subject to the provisions of the Second Schedule to this Act.

(2) It shall be a defence for an accused charged with any offence under this Act, in respect of a sample of milk obtained after the milk has left his possession, to prove that the churn or other vessels in which the milk was contained was effectively closed and sealed at the time when it left his possession, but had been opened before the person by whom the sample was obtained had access to it and in addition that the offence was committed without his knowledge and consent and that he had exercised all due diligence to prevent the commission of the offence.

(3) So much of any contract, as requires a purveyor of milk on a sample of milk being obtained under this Act to send to the person from whom he procured the milk, any part of such sample, or to give to that person notice that a sample has been so obtained, shall be void.

(1) Every appeal against a decision of a competent authority under this Act or any regulation made thereunder shall be preferred by petition to the Magistrate’s Court having jurisdiction in the place at which the appellant resides. The petition shall be filed within such time, and shall bear stamps to the value of such amount, as may be prescribed. The stamps shall be supplied by the appellant.

(2) A Magistrate’s Court may on any appeal under this section confirm, vary or reverse a decision of a competent authority.

(1) Every dispute as to whether or not compensation is payable under this Act or as to the amount of such compensation shall be referred by the parties thereto to the Magistrate’s Court having jurisdiction in the place at which either of the parties resides.

(2) Every reference to a Magistrate’s Court under this section shall be made by both parties to the dispute by means of a joint petition and such petition shall be filed within such time, and shall bear stamps to the value of such amount, as may be prescribed. Each such party shall supply stamps to the value of one-half of the amount so prescribed.

(3) A Magistrate’s Court may on any reference under this section –

(1) Save as otherwise provided in subsections (3) and (4), every local authority shall be the competent authority for the purposes of the application and enforcement, within its administrative area, of the provisions of this Act and of any regulations made thereunder relating to food ; and the expression “appropriate competent authority “, in relation to any such provisions in their application in the case of such area, shall be construed accordingly.

The expression ” authorized officer “, in relation to all such provisions in their application as aforesaid, means any medical officer of health, sanitary inspector or food inspector, approved by the Minister of Health, includes in relation to any such provisions authorizing the examination and seizure of meat in their application as aforesaid, any veterinary surgeon approved by the Minister of Health.

(2) Save as otherwise provided in subsections (3) and (4), the Director of Health Services shall be the competent authority for the purposes of the application and enforcement, within every administrative area, of the provisions of this Act and of any regulations made thereunder relating to drugs ; and the expression ” appropriate competent authority “, in relation to any such provisions in their application in the case of every such area, shall be construed accordingly. The expression ” authorized officer”, in relation to any such provisions in their application as aforesaid, means any officer of the Department of Health authorized in that behalf by the Director.

(3) Save as otherwise provided in subsection (4), the Excise Commissioner shall be the competent authority for the purposes of the application and enforcement, within every administrative area, of the provisions of this Act and of any regulations made thereunder relating to food and drugs which are excisable articles within the meaning of the Excise Ordinance ; and the expression ” appropriate competent authority “, in relation to any such provisions in their application in the case of every such area, shall be construed accordingly. The expression ” authorized officer “, in relation to any such provisions in their application as aforesaid, means any officer of the Excise Department authorized in that behalf by the Excise Commissioner.

(4) The Principal Collector of Customs, acting under the powers conferred on him by or under the Customs Ordinance, shall be the authority responsible for the application and enforcement, within every administrative area, of the provisions of this Act and of any regulations made thereunder relating to the importation into Ceylon of any food and drugs, and the provisions aforesaid shall, for the purposes of such application and enforcement, be read as one with that Ordinance.

(1) The Minister may approve any fit and proper person or persons as a public analyst or public analysts for any administrative area or areas ; notification of such approval shall be published in the Gazette.

(2) No person shall be approved under subsection (1) as an approved public analyst for any administrative area if he is engaged either directly or indirectly in any trade or business connected with the sale of food or drugs in that area.

(3) Where the Minister is satisfied that there is no fit and proper person or not a sufficient number of fit and proper persons who may be appointed as a public analyst or public analysts for any administrative area, the Minister may by Order published in the Gazette declare that so long as the Order is in force the Government Analyst shall be an approved public analyst for that administrative area.

(1) An approved public analyst shall be entitled to demand and receive such fee as may be prescribed in respect of each sample of any food or drug analysed by him under this Act.

(2) The Government Analyst shall pay all fees received by him in respect of samples of food and drugs analysed by him under this Act into the Consolidated Fund.

(1) Subject to the provisions of this section, any authorized officer of the appropriate competent authority shall, on producing, if so required, some duly authenticated document showing its authority, have a right to enter any premises at all reasonable hours –

Provided that admission to any premises used only as a private dwelling house shall not be demanded as of right unless twenty-four hours’ notice of the intended entry has been given to the occupier.

(2) If it is shown to the satisfaction of a Magistrate by any authorized officer on sworn information in writing –

the Magistrate may, by warrant under his hand, authorize the officer to enter the premises, if need be by force :

Provided that such a warrant shall not be issued in any case where admission to any premises has been refused unless the Magistrate is satisfied that notice of the intention to apply for a warrant has been given to the occupier of the premises.

(3) An authorized officer entering any premises by virtue of this section, or of a warrant issued thereunder, may take with him such other persons as may be necessary, and, on leaving any unoccupied premises which he has entered by virtue of such a warrant, shall leave them as effectively secured against trespassers as he found them.

(4) Every warrant granted under this section shall continue in force for such period as may be specified therein.

(1) The expenses incurred, otherwise than by a local authority, in the administration of this Act shall be defrayed out of such moneys as may be provided for the purpose by Parliament.

(2) The expenses incurred by a local authority in the administration of this Act shall be defrayed by that authority out of its funds.

(1) Where the Minister, after communication 3 with a local authority, is satisfied –

the Minister may, by Order published in the Gazette, empower the Director of Health Services to execute and enforce, or procure the execution and enforcement of, those provisions in relation to food of that kind ; and accordingly for the purpose only of enabling such Order to be given effect to, any reference in those provisions to an appropriate competent authority or authorized officer shall be deemed to include a reference to the Director or any officer acting under his authority, as the case may be.

(2) Every Order made under subsection (1) may contain such directions and such supplemental, consequential and incidental provisions (including provisions varying or modifying the provisions of this Act) as may be necessary for the purpose only of giving effect to the Order, and shall on publication in the Gazette, have the force of law.

(3) The expenses incurred under any such Order by the Director shall be paid in the first instance out of moneys provided for the purpose by Parliament, but the amount of those expenses as certified by the Director shall, on demand, be paid to the Director by the local authority out of its funds and shall be recoverable by the Director from the local authority as a debt due to the Crown.

(4) Nothing in this section shall be deemed or construed to affect any other power exercisable by the Minister with respect to defaults of local authorities.

(1) No officer of a competent authority shall be personally liable in respect of any act done by him in the execution or purported execution of this Act or any regulations made thereunder and within the scope of his employment, if he did that act in the honest belief that his duty under this Act or such regulations required or entitled him to do it :

Provided that nothing in this subsection shall be construed as relieving a local authority which is also a competent authority from any liability in respect of the acts of their officers.

(2) Where an action has been brought against an officer of a local authority which is also a competent authority in respect of an act done by him in the execution or purported execution of this Act or any regulations made thereunder, and the circumstances are such that he is not legally entitled to require the authority to indemnify him, the authority may, nevertheless, indemnify him out of its funds against the whole or a part of any damages and costs which he may have been ordered to pay or may have incurred, if such authority is satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under this Act or any such regulations entitled him to do it.

(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Act.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for or in regard to the following matters: –

(3) Without prejudice to the generality of the provisions under which they are made, all Food and Drugs Regulations, Milk and Dairies Regulations and Bread and Flour Regulations made under this Act may-

(4) Regulations under this Act may provide for the amendment, rescission or revocation of any by-laws made under any other written law for the purposes which are the same as or similar to the purposes for which such regulations under this Act are made.

(5) Any regulation under this Act shall, according as may be provided therein, apply in all administrative areas or to any one or more specified administrative areas.

(6) Every regulation made under the preceding provisions of this section shall be published in the Gazette, together with a notice stating that any local authority in whose administrative area the regulation is to be applicable may, within thirty days of the date of such publication, make objections or representations to the Minister in respect of such regulation.

(7) Where objections or representations are not received by the Minister in respect of any regulation or set of regulations within the time specified in that behalf in the notice under subsection (6) or where the Minister, after consideration of any such objections or representations as may have been received, is of opinion that no alteration or modification of the regulation or set of regulations is necessary, the Minister may by Order, which shall be published in the Gazette, declare that the regulation or regulations published under subsection (6) shall come into effect on such date as may be specified in the Order.

(8) Where after consideration of any such objection representation as may have been received in respect of any regulation or set of regulations, the Minister is of opinion that the regulation or regulations should be varied or modified, he may vary or modify them accordingly ; and the regulations as so altered or modified shall be published in the Gazette and shall come into effect on such date as may be specified therein.

(9) Notwithstanding anything in subsections (6) to (8), any regulation which revokes any regulation or set of regulations which has come into effect or amends any such regulations by the omission or deletion of any paragraph thereof or words therein shall come into effect upon publication in the Gazette or upon such later date as may be specified therein.

(10) Every regulation made under this Act shall as soon as may be after it comes into effect as herein before provided be laid before the Senate and the House of Representatives ; and if a resolution is passed by the Senate and the House of Representatives, within forty days after the regulation is so laid, that the regulation shall be annulled, the regulation shall with effect from the date of the resolution be void, but without prejudice to anything previously done thereunder.

Every regulation which is not so annulled shall be as valid and effectual as though it were herein enacted.

(1)

Provided, however, that if the court is satisfied that any such contravention was committed with intent to prevent the discovery of some other offence under this Act, or if the person charged with such contravention has within the period of twelve months immediately preceding been convicted of an offence under this Act in respect of any such contravention, the penalty shall be a fine not exceeding two hundred rupees or imprisonment of either description for a term not exceeding one month.

(2) If any authorized officer of the appropriate competent authority applies to purchase any food or drug exposed for sale, or on sale by retail, and tenders the price for the quantity which he requires as a sample, and the person exposing the food or drug for sale, or having it for sale, refuses to sell to the authorized officer such quantity thereof as aforesaid, or if the seller or consignor, or any other person having for the time being the charge of any food or drug of which an authorized officer is empowered to take a sample refuses to allow the officer to take the quantity which he requires as a sample, the person so refusing shall, for the purposes of subsection (1), be deemed to have wilfully obstructed the officer :

Provided, however, that where any food or drug is exposed for sale in an unopened container duly labelled, nothing in the preceding provisions of this subsection shall be deemed or construed to require a person to sell such food or drug except in the unopened container in which it is contained.

(3)

Provided that nothing in the preceding provisions of this paragraph shall be deemed or construed to require a person to answer any question or give any information if to do so might incriminate him.

(4) The penalty for any contravention of any of the preceding provisions of this subsection shall be a fine not exceeding fifty rupees.

(1) In any proceedings under this Act, the production by one of the parties of a document purporting to be a certificate of an approved public analyst in the prescribed form, or of a document supplied to him by the other party as being a copy of such a certificate, shall be sufficient evidence of the facts stated therein, unless, in the first-mentioned case, the other party requires that the analyst should be called as a witness.

(2) In any such proceedings, if a sample of milk has been obtained by any authorized officer of a competent authority at the request of any officer of another competent authority, a document purporting to be a certificate signed by the officer who obtained the sample and stating that the provisions of this Act with respect to the manner in which samples are to be dealt with were complied with, shall, if a copy thereof has been served on the accused along with the summons, be sufficient evidence of compliance with those provisions, unless the accused requires that the officer should be called as a witness.

(3) In any such proceedings, if the accused intends to produce a certificate of an approved public analyst, or under subsection (1) of this section to require that the public analyst shall be called as a witness, or under subsection (2) to require that an authorized officer shall be called as a witness, notice of his intention together, in the first-mentioned case, with a copy of the certificate, shall be given to the other party at least three clear days before the day on which the summons is returnable, and, if this requirement is not complied with, the court may, if it thinks fit, adjourn the hearing on such terms as it thinks proper.

(a) articles commonly used for human consumption shall, if sold or offered, exposed or kept for sale, be presumed until the contrary is proved, to have been sold, or, as the case may be, to have been or to be intended for sale, for human consumption ;

(b) any article commonly used for human consumption, which is found on premises used for the preparation, storage, or sale of that article and any article commonly used in the manufacture of products for human consumption, which is found on premises used for the preparation, storage or sale of those products, shall be presumed, until the contrary is proved, to be intended for sale, or for manufacturing products for sale, for human consumption ; and

(c) any substance capable of being used in the composition or preparation of any article commonly used for human consumption, which is found on premises on which that article is prepared, shall until the contrary is proved, be presumed to be intended for such use.

(1) The court before which any proceedings are taken under this Act may, if it thinks necessary, and upon the request of either party shall, cause the part of any sample produced before the court under subsection (4) of section 59 of this Act to be sent to the Government Analyst, who shall make an analysis and transmit to the court a certificate of the results thereof, and the costs of the analysis shall be borne by the prosecutor or the accused as the court may order.

(2) The Supreme Court may, if it thinks fit upon any appeal preferred in proceedings in respect of any contravention of this Act, exercise the power conferred by subsection (1) to require a sample to be analysed by the Government Analyst.

(3) In any case where a certificate has been given under this Act by the Government Analyst, in his capacity as an approved public analyst, specifying the results of his analysis of a part of any sample, then any other part of that sample which is to be analysed upon an order of any court under subsection (1) or subsection (2) shall be sent for analysis to any approved public analyst determined by the court, not being the Government Analyst.

(1) Subject to the provisions of this section, in the case of any proceedings for a contravention of any of the provisions of Part I or Part II or Part III of this Act in respect of selling, exposing or offering for sale, or having in possession for sale, an article which was not of a nature, substance or quality entitling a person to sell or otherwise deal with it under the description under which, or in the manner in which, the accused dealt with it, it shall be a defence for the -accused to prove –

(2) A warranty shall only be a defence in proceedings under this Act, if –

(3) Where the accused is a servant of the person who purchased the article under a warranty, he shall be entitled to rely on the provisions of this section in the same way as his employer would have been entitled to do if he had been the defendant.

(4) The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence, and the court may, if it thinks fit, adjourn the hearing to enable him to do so.

(5) For the purposes of this section and section 55, a name or description entered in an invoice shall be deemed to be a written warranty that the food or drug to which the entry refers is of such a nature, substance and quality that a person can sell, or otherwise deal with it, under that name or description without contravening any of the provisions of this Act or of any regulations made thereunder.

(1) Any accused who in any proceedings under this Act wilfully applies to any food or drug a warranty or certificate of analysis given in relation to any other food or drug shall be guilty of an offence under this Act.

(2) A person who, in respect of any food or drug sold by him, gives to the purchaser a false warranty in writing, shall be guilty of an offence under this Act, unless he proves that when he gave the warranty he had reason to believe that the statement or description contained therein was accurate.

(3) Where the accused in any prosecution under this Act relies successfully on a warranty given to him or to his employer, any proceedings under the last preceding subsection in respect of the warranty may, at the option of the prosecutor, be taken either before a court having jurisdiction in the place where a sample of the food or drug to which the warranty relates was obtained, or before a court having Jurisdiction in the place where the warranty was given.

(1) Every person who –

shall be guilty of an offence under this Act.

(2) No prosecution for any offence under this Act shall be instituted except by an authorized officer of the appropriate competent authority.

(3) Upon the conviction of any person of an offence under this Act, the court may, in addition to any fine or other penalty which it may impose, order the confiscation of the article in respect of which the offence was committed. Articles confiscated in pursuance of an order made under this subsection shall be disposed of or destroyed in such manner as may be prescribed.

(a) in the case of a first offence, a fine not exceeding two hundred rupees ;

(b) in the case of a second or subsequent offence, a fine not exceeding one thousand rupees or imprisonment of either description for a term not exceeding three months or both such fine and imprisonment.

(1) Where a sample has been obtained under this Act, no prosecution in respect of the article sampled shall be commenced after the expiration of a period of twenty-eight days from the time when the sample was obtained unless the court before which the proceedings are instituted, on being satisfied on oath that having regard to the circumstances of the particular case it was not practicable to institute the proceedings at an earlier date, gives a certificate to that effect, and in no case shall the prosecution be commenced after the expiration of a period of forty-two days from the said time.

(2) Subject as hereinafter provided, where a sample has been obtained under this Act, any proceedings in respect of the article sampled shall be instituted before a court having jurisdiction in the place where the sample was obtained :

Provided that –

(3) In any proceedings under this Act in respect of an article sampled, the summons shall not be made returnable less than a period of fourteen days from the day on which it is served, and a copy of any certificate of analysis obtained on behalf of the prosecutor and of any certificate given by a court under subsection (1) of this section, shall be served with the summons.

(4) In any proceedings under this Act, where a sample has been obtained in such circumstances that its division into parts is required by this Act, the part of the sample retained by the person who procured the sample shall be produced at the hearing.

(1) Where a person (hereinafter referred to as ” the accused “) is charged with an offence under this Act, he shall, upon complaint duly made by him in accordance with the provisions of section 148 of the Criminal Procedure Code and on giving to the prosecution not less than three days’ notice of his intention, be entitled to have any other person whom he charges as the actual offender brought before the court, and, if, after the commission of the offence has been proved, the accused proves to the satisfaction of the court that the commission of the offence was due to the act or default of such other person, such other person may be convicted of the offence, and, if the accused further proves that he has used all due diligence to enforce the provisions of this Act, he shall be acquitted of the offence.

(2) Where an accused seeks to avail himself of the provisions of subsection (1)-

(3) Where it appears to the appropriate competent authority that an offence has been committed under this Act in respect of which proceedings might be taken under this Act against some person and the authority is reasonably satisfied that the offence complained of was due to an act or default of some other person and that the first-mentioned person could establish a defence under subsection (1) of this section, the authority may cause proceedings to be taken against that other person without first causing proceedings to be taken against the first-mentioned person.

In any such proceedings the accused may be charged with and, on proof that the offence was due to his act or default, be convicted of the offence with which the first-mentioned person might have been charged.

(1) The provisions of this Act and of any regulations made thereunder relating to any food or drugs which are excisable articles within the meaning of the Excise Ordinance shall be in addition to and not in substitution for the provisions of that Ordinance.

(2) The provisions of this Act and of any regulations made thereunder relating to drugs shall be in addition to and not in substitution for the provisions of the Poisons, Opium, and Dangerous Drugs Ordinance.

(3)

(4) In the event of any conflict or inconsistency between regulations made under this Act and by-laws made by any local authority under any other written law, the regulations made under this Act shall prevail.

(1) In this Act, unless the context otherwise requires –

” administrative area” means the area within the administrative limits of any local authority ;

” appointed date ” means the 1st day of October, 1949;

” article ” does not include a live animal or bird, but includes the whole or any part of any dead animal, bird or fish intended to be used or capable of being used for human consumption ;

” artificial cream ” means an article of food which, though not cream, resembles cream and contains no ingredient which is not derived from milk except water or any substance which may lawfully be contained in an article sold as cream, being some substance, not injurious to health, which in the case of cream may be required for its production or preparation as an article of commerce in a state fit for carriage or consumption and which has not been added fraudulently to increase bulk, weight or mea-sure or conceal inferior quality ;

” authorized officer ” has the meaning assigned to it by section 40 of this Act ;

” Bread and Flour Regulations” has the meaning assigned to it by section 21 of this Act ;

” butter ” means the substance usually known as butter, made exclusively from milk with or without salt or other preservative, and with or without the addition of colouring matter ;

” cheese” means the substance usually known as cheese containing no fat other than fat derived from milk ;

” container ” includes a package or receptacle of any kind, whether open or closed ;

” cream ” means that part of milk rich in fat which has been separated by skimming or otherwise ;

” dairy ” includes any farm, cow-shed, milk store, milk shop, or other premises from which milk is supplied for sale, or in which milk is kept or used for purposes of sale or of manufacture into butter, cheese, dried milk or condensed milk for sale, or in which vessels used for the sale of milk are kept, but does not include a shop from which milk is supplied only in properly closed and unopened vessels in which it is delivered to the shop, or a shop or other place in which milk is sold for consumption on the premises only ;

“dairyman ” includes an occupier of a dairy, a cow-keeper, and a purveyor of milk ;

” drug ” includes medicine for internal or external use ;

” food ” means any article used as food or drink for human consumption, other than drugs or water, and includes –

Provided that, notwithstanding anything in this definition, the addition of any colouring or flavouring matter or condiment to an article used as food or drink shall be deemed to be the addition of a substance to food ;

“Food and Drugs Regulations” has the meaning assigned to it by section 9 of this Act; ice-cream ” includes any similar commodity ;

” importer “, in relation to an imported article, includes any person “who, whether as owner, consignor, consignee, agent or broker, is in possession of, or in any way entitled to the custody or control of, the article ;

” local authority ” means any Municipal Council, Urban Council, Town Council or Village Committee ;

” margarine ” means any food, whether mixed with butter or not, which resembles butter and is not milk-blended butter ;

” margarine-cheese ” means any substance prepared in imitation of cheese and containing fat not derived from milk;

” Milk and Dairies Regulations” has the meaning assigned to it by section 17 of this Act;

” milk-blended butter ” means any mixture produced by mixing or blending butter with milk ;

” premises” includes messuages, buildings, land, easements and hereditaments of any tenure ;

” prepare “, in relation to food, includes manufacture and ” preparation ” shall be construed accordingly ;

“prescribed” means prescribed by the Minister by regulation made under this Act;

” approved public analyst” means any person declared by or under section 41 of this Act to be an approved public analyst for the purposes of this Act;

” purveyor “, in relation to milk, includes any person who sells milk, whether by wholesale or by retail;

” sanitary convenience” means a closet, privy or urinal;

” separated “, in relation to milk, includes skimmed ;

” shop” has the same meaning as in the Shop and Office Employees (Regulation of Employment and Remuneration) Act;

” substance ” includes a liquid ;

” transit ” includes all stages of transit from the dairy, place of manufacture or other source of origin, to the consumer ;

” vessel” includes a receptacle of any kind, whether open or closed.

(2) In this Act, unless the context otherwise requires-

(3) For the purposes of this Act-