First Previous (PART II. Regulation and Control.)

40 1956

FLOUR AND WHEATENMEAL ACT, 1956

PART III.

Enforcement, Evidence and Penalties.

Powers of entry, inspection and taking of samples by authorised officer.

14. —(1) Where an authorised officer has reasonable grounds for believing that in any premises any flour or wheatenmeal is being produced, stored, sold or used in the manufacture of any commodity intended for sale—

(a) he may at all reasonable times enter and inspect the premises;

(b) he may examine any flour, wheatenmeal or other commodity containing flour or wheatenmeal which he finds in the course of any such inspection and take samples thereof without payment;

(c) the proprietor of the premises, and any person employed by him therein, is hereby required to produce, at the request of the authorised officer, to such officer any books, documents or records which are in his power, possession or procurement and which relate to any such flour, wheatenmeal or other commodity, to permit the officer to inspect and take extracts from the books, documents or records and to give to him any information, which he may reasonably require, in regard to any entries in the books, documents or records.

(2) A person who obstructs or interferes with an authorised officer when he is exercising a power conferred by this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.

(3) A sample may be taken under this section in the prescribed manner or in any other manner.

(4) Where—

(a) a sample is taken under this section in the prescribed manner, and

(b) the State Chemist or the Assistant State Chemist causes the sample to be analysed in the prescribed manner by any person acting under the direction of the State Chemist or the Assistant State Chemist, and

(c) the State Chemist or the Assistant State Chemist gives a certificate in the prescribed form of the result of the analysis,

evidence of the result of the analysis may be given in any legal proceedings, but, save as aforesaid, evidence of the result of an analysis of a sample taken under this section shall not be given in any legal proceedings.

(5) In any legal proceedings the production of a certificate, purporting to be under this section and to be signed by the State Chemist or the Assistant State Chemist, shall be sufficient evidence of the facts stated in the certificate and of the analysis having been duly carried out, unless either party requires the person who made the analysis to be called as a witness.

Tampering with samples.

15. —If any person fraudulently—

(a) tampers with any article so as to procure that any sample of it taken under this Act does not correctly represent the article, or

(b) tampers or interferes with any sample taken under this Act,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

Certificate of appointment of authorised officer.

16. —An authorised officer shall be furnished by the Minister with a certificate of his appointment as authorised officer and when exercising any power conferred by this Act shall, if requested by any person affected, produce the certificate to such person.

Offences.

17. —A person who contravenes any provision of this Act shall be guilty of an offence.

Penalties.

18. —A person who commits an offence under this Act for which no special penalty is provided shall be liable on summary conviction to a fine not exceeding one hundred pounds.

Prosecution of offences.

19. —A prosecution for an offence under this Act may be brought by the Minister.