Health Amendment Act 1985 (WA)

WESTERN AUSTRALIA.

HEALTH.

No. 26 of 1985.

AN ACT to amend the Health Act 1911.

[Assented to 6 May 1985.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Health and principal

Amendment Act 1985.

Act.

Reprinted as

(2) In this Act the Health Act 1911 is referred to as the principal Act.

approved

14 May 1981

and

amended by

Acts Nos. 63

of 1981, 30

and 116 of

1982 and

28 of 1984.

No. 26.] Health. [1985.

Commence-

ment.	2. This Act shall come into operation on the expiry of a period of 6 months commencing on the day on which this Act receives the Royal Assent.
Section 2

repealed.	3. Section 2 of the principal Act is repealed.
Section
amended.	4. Section 3 of the principal Act is amended—

(a) in subsection (1)-

(i)  by deleting the definition of "Analyst" and substituting the following definition-

" "analyst" means analyst regi-

stered under section 203; ";

(ii)   by deleting the definition of "Food" and substituting the following definition-

" "food" means substance or matter ordinarily con- sumed or intended for consumption by man and includes

(a) drink;

(b) chewing gum;

(c)	ingredient, food addi- tive or other sub- stance that enters into or is capable of entering into or is used in the composi- tion or preparation of food; and
(d)	other substance or matter for the time being declared under subsection (la) to be food,

1985.] Health. [No. 26.

but does not include sub- stance or matter used only as a drug or declared under subsection (la) not to be food; ";

(iii)   in the definition of "Premises" by inserting before "includes" the following-

" , except in Part VIII, ";

(iv)    in the definition of "Regulation" by inserting before "means" the following-

, except in Part VIII, ";

(v)    by inserting after the definition of "School" the following definition-

" "sell" includes

(a) b arter, offer or attempt to sell, re- ceive for sale, have in possession for sale, expose for or on sale, send, forward or deliver for sale or cause or permit to be sold or offered for sale;

(b) sell for resale; and

(c) in relation to food, supply or use under an agreement or arrangement or a contract, together with accommodation, service or entertain- ment, in considera- tion of an inclusive charge for the food supplied and the accommodation, ser- vice or entertain- ment; "; and

No. 26.] Health. [1985.

(vi) by inserting after the definition of "Street" the following definition

CC

"the Food Advisory Committee" means the Food Advisory Committee established by section 246H (1); "

and

(b) by inserting after subsection (1) the following subsection

(la) The Executive Director, Public Health, may by notice published in the Gazette

(a)	declare any substance or matter to be food or not to be food, as the case requires, for the purposes of this Act or any provision thereof; and
(b)	amend or repeal a declaration made under this sub- section. ".

Section 4 5.

Section 4 of the principal Act is amended by

deleting "the First Schedule" in the first paragraph

and substituting the following-

amended.

" Schedule 1 ".

Section 186

amended. 6. Section 186 of the principal Act is amended

(a) in subsection (1) by deleting "the Second Schedule" and substituting the following-

" Schedule 2 "; and

(b) in paragraph (a) of subsection (2) by deleting "the Second Schedule to this Act" and substituting the following-

" Schedule 2 ".

1985.1 Health. [No. 26.

Part VIII

7. Part VIII of the principal Act is repealed and the following Parts are substituted-

repealed and

Parts VIIA

and VIII

substituted.

" PART VIIA—ANIMAL PRODUCE, DRUGS, MEDICINES,

DISINFECTANTS, THERAPEUTIC SUBSTANCES

AND PESTICIDES

Division 1.—Preliminary.

Interpreta-

201. In this Part, unless the contrary tion in

intention appears Part VITA.

"the Drug Advisory Committee" means the Drug Advisory Committee established by section 202 (1).

Drug

202. (1) There is hereby established a Advisory

committee to be known as the Drug Advisory	Committee.
Committee.
(2) The Drug Advisory Committee shall consist of 6 members of whom

(a)	one shall be the Executive Director, Public Health, or a medical officer nominated by him;
(b)	one shall be the Government Analyst;
(c)	one shall be the principal pharma- ceutical chemist of the Department;
(d)	one shall be the person who is for the time being holding the office of Secretary of the Drug Advisory Committee under subsection (6);
(e)	one shall be a person appointed by the Minister to represent consumer interests; and

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(f) one shall be a person appointed by the

Minister to represent the drug industry,

together with such person or persons as the regular members may for the time being co-opt to advise the Drug Advisory Committee on the drug industry.

(3) The Executive Director, Public Health, or the medical officer referred to in subsection (2) (a), as the case requires, shall be the Chairman of the Drug Advisory Committee (in this section called "the Chairman").

(4) The Minister may appoint a deputy for a regular member and, at any meeting of the Drug Advisory Committee at which the regular member is not present but his deputy is present, his deputy shall have all the functions of the regular member.

(5) At any meeting of the Drug Advisory Committee

(a)	the Chairman or, in his absence, his deputy shall preside, but if neither the Chairman nor his deputy is present the other regular members present shall elect one of their number to preside;
(b)	each regular member and, in relation to matters in respect of which he is co-opted under subsection (2), each co-opted member present has a deliberative vote and, in the event of an equality of votes, the person presid- ing at that meeting shall also have a second or casting vote; and
(c)	any 3 regular members constitute a quorum.

(6) The Minister shall appoint a person to the office of Secretary of the Drug Advisory Committee, but that office may be held in conjunction with any other office under the

Public Service Act 1978.

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(7) An appointed member or his deputy shall

be

(a) appointed for such period not exceeding 3 years as is specified in the instrument of his appointment; and

(b) eligible for reappointment.

(8) The Minister may at any time remove

from office an appointed member or his deputy.

(9) Each member may be paid such attend- ance fees as are prescribed in his case.

(10) In this section

"appointed member" means person referred to in paragraph (e) or (f) of subsection (2);

"co-opted member" means person co-opted under subsection (2);

"member" means regular member or co-opted member;

"regular member" means person referred to in paragraph (a), (b), (c), (d), (e) or (f) of subsection (2).

Registration

203. (1) Subject to subsection (3), the of analysts.

Executive Director, Public Health, shall

cause

(a) to be maintained a register of analysts; and

(b) every analyst-

(i) who is appointed as such under section 6 of the Health Legisla- tion Administration Act 1984, or under section 27; or

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(ii) who is a qualified person approved by the Executive Director, Public Health, for the purpose of this section,

to be registered in the register referred to in paragraph (a) on payment of the prescribed fee.

(2) A person who performs the functions of an analyst under this Act without being registered under subsection (1) commits an offence and is liable to a penalty not exceeding $500.

(3) The Minister may by notice published in

the Gazette

(a)	exempt any analyst or class of analysts from the obligation to pay the prescribed fee referred to in subsection (1) (b); or
(b)	revoke an exemption granted under this subsection,

and every such notice shall have effect according

to its tenor.

Division 2.—Slaughtering of animals and meat.

Power to

inspect and	204. (1) A medical officer or health surveyor
seize food

animals. may at any time

(a)	enter into or on any house, land or premises; and
(b)	inspect any animal offered, or being prepared, for sale or slaughter for human consumption.

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(2) If, on an inspection under subsection (1),

it appears to the medical officer or health surveyor concerned that there are reasonable grounds to believe that the animal inspected is diseased, unsound, unwholesome or unfit for human consumption, he may cause that animal to be seized, or seized and carried away, for inspection under section 205 and shall, if he does so, cause the owner of that animal to be notified forthwith.

Disposal of

205. (1) Subject to this section, if, after having

food animals

seized, or

inspected an animal seized, or seized and carried

seized and

carried away.

away, under section 204 (2), a medical officer or

for

health surveyor

inspection.

(a)	is satisfied that that animal is diseased, unsound, unwholesome or unfit for human consumption and should forthwith be destroyed, he shall cause it to be destroyed;
(b)	considers that he requires more time in which to decide whether or not he is satisfied within the meaning of paragraph (a), he shall cause that animal to be detained for such period not exceeding 14 days as he considers necessary; or
(c)	is not satisfied within the meaning of paragraph (a), he shall cause that animal to be restored to the person from whose possession it was seized.

(2) On being notified under section 204 (2),

the owner of an animal seized or seized and carried away under that section shall, if he intends to submit the matter to the determina- tion of justices under this section, forthwith give notice in writing of that intention to the medical officer or health surveyor who caused that animal to be so seized or seized and carried away.

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(3) When a medical officer or health sur- veyor receives notice given under subsection (2), he shall, if he has not already performed any duty imposed on him by subsection (1) in relation to the animal to which that notice relates, refrain from performing any such duty in relation to that animal and shall cause that animal to be kept at the expense of the owner of that animal for a period of 48 hours com- mencing at the time when he received that notice, and that owner may within that period complain to a justice of the seizure or seizure and carrying away concerned, in which case that owner shall forthwith notify the medical officer or health surveyor of

(a)	the fact that he has so complained; and
(b)	the time, date and place appointed by the justice for the hearing of that complaint.

(4) Any 2 justices may hear and determine a complaint made under subsection (3).

(5) The justices hearing and determining a complaint made under subsection (3) may, if it appears to them that the animal to which that complaint relates

(a) is diseased, unsound, unwholesome or unfit for human consumption, by order-

(i)   condemn that animal and direct it to be destroyed or otherwise disposed of at the expense of the complainant so as to prevent it from being used for human consumption; and

(ii)  fix the expenses incurred in seizing and keeping, or seizing, carrying away and keeping, that

1985.] Health. [No. 26.

animal until the determination of that complaint and require the complainant to pay those expenses and the costs of the complaint proceedings;

or

(b) is not diseased, unsound, unwholesome or unfit for human consumption, order that animal to be restored to the complainant.

(6) A person to whom an order made under subsection (5) is directed and who does not comply with that order commits an offence and is liable to a penalty not exceeding $5 000.

(7) If the owner of an animal, having given notice in writing to a medical officer or health surveyor under subsection (2), does not com- plain to a justice of the seizure, or seizure and carrying away, concerned within the period referred to in subsection (3), the medical officer or health surveyor to whom notice was so given shall perform the appropriate duty imposed on him by subsection (1) in relation to the animal forthwith on the expiry of that period.

(8) Subject to subsection (3), the owner of an animal seized, or seized and carried away, under section 204 (2) and destroyed under subsection (1), shall, if that animal was diseased, unsound, unwholesome or unfit for human consumption, pay to the local authority concerned all expenses incurred by that local authority in that inspection and seizure or seizure and carrying away, and destruction, as the case requires.

(9) A local authority may, if any expenses payable to it under subsection (8) are not paid to it, recover those expenses from the owner of the animal concerned in a summary way before any 2 justices.

No. 261 Health. [1985.

(10) For the purposes of this section, it shall be presumed, until the contrary is proved, that an animal inspected under section 204 (1) is intended to be sold, or prepared for sale, for human consumption.

Officer

acting under	206. A medical officer or health surveyor and carried away, under section 204 (2) is not liable for any costs, damages or expenses on account of any such seizure or seizure and carrying away if he acted under a reasonable belief that the animal was diseased, unsound, unwholesome or unfit for human consumption.
reasonable
belief	who causes an animal to be seized, or seized
immune.

(1) A local authority may make by-laws under section 342-

By-laws. 207.

(a)	authorizing the local authority to direct the occupier of, or any other person using, any premises to maintain, repair, cleanse or disinfect the premises and any fixtures, fittings, equipment and utensils thereon in the manner specified in a notice issued by the local authority to that occupier or other person;
(b)	requiring premises to be registered with the local authority;
(c)	requiring the occupiers of premises to be licensed by the local authority;

(d) requiring

plans of premises and of any

(i)

alterations of or extensions to

premises; and

(ii) plans showing the disposition of equipment, fixtures and fittings on premises,

1985.1 Health. [No. 26.

to be lodged with and approved by the

local authority before

(iii)  the premises concerned are constructed, altered or extended;

Or

(iv)  any equipment, fixtures or fittings are included on, or removed from, the premises concerned,

as the case requires;

(e)	prescribing the equipment, fixtures, fittings and utensils to be provided on premises, and the manner in which that equipment and those fixtures, fittings and utensils are to be set out or arranged;
(f)	prescribing the setting out and arrangement of the operations conducted on premises; and
(g)	relating to any other matter incidental to the matters for which by-laws may be made under this subsection.

(2) In subsection (1)

"premises" means premises as defined by section 3, which premises are used or intended to be used for the manu- facture, processing, preparation or packaging of meat or products con- taining meat.

A local authority may make by-laws under section 342 with respect to

(3)

(a) the precautions to be taken and the methods and times to be observed for-

(i) the slaughtering of animals, and the transport, preparation, manufacture, storage or carriage of meat; and

No. 26.E Health. [1985.

(ii) the protection of meat from flies and dust when exhibited for sale;

(b)	the precautions to be taken in the method of carriage, storage, distribu- tion, manufacture, inspection, prepara- tion, sale and exposure for sale of food, ice, ice cream and other similar products, and the construction, cleanli- ness, lighting, ventilation, drainage and sanitation of premises in which those operations are conducted and the pre- cautions to be taken in, and the construction and method of, cleansing vehicles and utensils used in connection therewith;
(c)	the destruction and disposal of unsound food, and the destruction of cases and packing material which may have contained or surrounded the same;
(d)	prescribing some place or places at which all fish, meat or perishable food must be produced for inspection before being sold or offered or exposed for sale within the district of the local authority;
(e)	prescribing and limiting the hours of slaughtering at any slaughter-house;
(f)	prohibiting the exchange by or the return to the vendor of any food, except by reason of the food being unwholesome;
(g)	prohibiting the sale of food by itinerant vendors without a licence issued by the local authority; and
(h)	requiring the registration without fee with the local authority of all makers and vendors (not being persons licensed to sell or supply liquor) of ice creams, ices, aerated waters, tem- perance drinks, cordials and syrups.

19851 Health. [No. 26.

(4) A person who commits an offence under a by-law made under section 342 as read with subsection (1) or (3) is liable to a penalty not exceeding $2 500.

Division 3.—Sale of horseflesh.

Interpreta-

208. In this Division, unless the contrary tio n in

Division 3.

intention appears—

"horse" includes ass or mule;

"horseflesh" includes any part of the carcass of a horse.

209. (1) Subject to the Abattoirs Act 1909, ront=ller

a person who slaughters or causes or permits of horses.

or suffers any other person to slaughter a horse

at an abattoir or slaughter-house at which any

animals are slaughtered for human consump-

tion commits an offence and is liable to a

penalty not exceeding $2 500.

(2) A person who at any place slaughters or causes or permits or suffers any other person to slaughter a horse for human consumption Jommits an offence and is liable to a penalty not exceeding $2 500.

Prohibition

210. A person who-

of sale,

preparation

or manufac-

ture of

(a)	sells any horseflesh or any food sub-	horseflesh for human
stance or article containing any horse-	consump-
flesh; or	tion.
(b)	prepares any horseflesh or prepares or manufactures any food substance or article containing any horseflesh,

for human consumption commits an offence and is liable to a penalty not exceeding $2 500.

No. 26.] Health. [1985.

Prohibition

of sale or	211. (1) A person who sells any horseflesh
Possession of

horseflesh	or any food substance or article containing
from, at or
on certain	horseflesh at or from any shop, stall, vehicle
places and
vehicles.	or place at or from which

(a)	any fresh uncooked meat (including sausages) is sold for human consumption; or
(b)	any food substance or article is sold for human consumption, unless that horseflesh or food substance or article containing horseflesh is contained in a sealed metal container bearing a label indicating that the contents of such container consist wholly or partly of horseflesh and are not for human consumption,

commits an offence and is liable to a penalty

not exceeding $2 500.

(2) The owner or occupier of

(a)	any shop, stall or other place at or from which any fresh uncooked meat (including sausages) is sold for human consumption; or
(b)	any factory or other place at which any food substance or article is prepared or manufactured for human consumption,

who has at that shop, stall, factory or place or causes or permits or suffers to be or to remain at that shop, stall, factory or place any horseflesh or any food substance or article containing horseflesh commits an offence and is liable to a penalty not exceeding $2 500.

(3) The owner or occupier of any shop, stall or other place at or from which any food substance or article is sold for human consumption who has at that shop, stall or

1985. 1 Health. [No. 26.

place or causes or permits or suffers to be or to remain at that shop, stall or place any horseflesh or food substance or article containing horseflesh which is not contained in a sealed metal container labelled within the meaning of subsection (1) (b) commits an offence and is liable to a penalty not exceeding

$2 500.

The owner or person in charge of any vehicle from or on which any fresh uncooked meat (including sausages) is sold or carried for human consumption who has in or on that vehicle or causes or permits or suffers to be or to remain in or on that vehicle any horseflesh or any food substance or article containing horseflesh commits an offence and is liable to a penalty not exceeding $2 500.

(4)

(5)

The owner or person in charge of any vehicle from or on which any food substance or article is sold or carried for human consumption who has in or on that vehicle or causes or permits or suffers to be or to remain in or on that vehicle any horseflesh or any food substance or article containing horseflesh which is not contained in a sealed metal container labelled within the meaning of subsection (1) (b) commits an offence and is liable to a penalty not exceeding $2 500.

212. A person who at or from any works for	Prohibitionof sale of
meat, etc.,

boiling down meat, blood, bones or offal sells

from boiling

for human consumption any part of the carcass

down works.

of an animal commits an offence and is liable

to a penalty not exceeding $5 000.

Division 4.—Milk and dairy produce.

213. In sections 214, 216 and 217—	Interpreta-
tion in
sections 214, 216 and 217.

"milk" includes cream.

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Contamina-

tion of milk. 214. (1) A person who-

(a) sells, offers, or delivers for sale, keeps or has in his possession for sale, or supplies to any person

(i)    impure or unwholesome milk, or milk drawn from animals fed on unwholesome food or from animals affected with any disease of livestock, whether contagious, infectious, or other- wise, capable of causing the milk to become unwholesome for food; or

(ii)    milk drawn from animals within 15 days before or 5 days after parturition;

(b) uses any milk referred to in paragraph (a) for human consumption;

mixes any milk referred to in paragraph

(c) (a) with other milk intended for sale or for human consumption or for butter or cheesemaking;

(d) uses any milk referred to in paragraph (a) (i) for the food of swine or other animals; or

(e) allows any person suffering from any infectious or contagious disease to-

(i)   milk any animal;

(ii)   handle any vessel used for the reception of milk intended for sale or for human consumption;

(iii)  take part or assist in the business of dairyman, cowkeeper or vendor of milk; or

(iv)    be employed in a dairy,

commits an offence and is liable to a penalty not

exceeding $5 000.

1985.] Health. [No. 26.

(2) It is not a defence to a prosecution

under

(a)	subsection (1) (a) (i) relating to an animal affected with any disease of livestock referred to therein to show that the defendant did not know that that animal was so affected; or
(b)	subsection (1) (e) to show that the defendant did not know that the person concerned was suffering from an infectious or contagious disease,

unless it is also shown that it was not practicable to discover by the exercise of reasonable diligence that that animal was so affected or that that person was so suffering, as the case requires.

Dairy

215. A local authority may refuse to register or to renew the registration of any premises as

premises to be properly

constructed.

a dairy, unless those premises are constructed in accordance with by-laws made under section 342 as read with section 220 (1).

Supplier of

216. (1) A person who supplies milk obtained from other persons or from his dairy

milk to supply

certain

information

to customers shall, on the production to him

in certain

circum-

of a certificate of a medical officer of health

stances.

that

(a)	an epidemic of infectious or contagious disease exists; or
(b)	the milk supplied by that person is suspected of causing disease,

furnish to the local authority and, if so required, to the Executive Director, Public Health, a list of the names and addresses of his customers and, if the milk supplied by that person is obtained from other persons, a full statement of the names and addresses of those other persons.

No. 26.1 Health. [1985.

(2) A person who does not comply with a requirement of, or made under, subsection (1) commits an offence and is liable to a penalty not exceeding $5 000.

Sale of milk.

217. (1) A person who sells or offers or delivers for sale any milk which has been carried over a milk round or any part thereof thereafter and returned to the dairy premises, milk depot or refrigerating or cooling chamber from which it was so carried commits an offence and is liable to a penalty not exceeding $500.

A person engaged in the carriage, delivery or sale of milk who has, at the same time and in the same vehicle, any water or skimmed milk commits an offence and is liable to a penalty not exceeding $500.

(2)

A health surveyor may at any time search and inspect any vehicle used for or in connection with the carriage, delivery or sale of milk, and every part thereof, for the purpose of ascertaining whether or not any breach of subsection (2) has been or is being committed.

(3)

In any prosecution under this section with respect to the carriage, delivery or sale of milk, it shall be no defence that the defendant is only the servant or agent of the owner of the milk, or is only entrusted for the time being with the milk by that owner, but that servant or agent and that owner shall both be liable.

(4)

(5) If the defendant in a prosecution referred to in subsection (4), being a servant or agent of the owner of the milk concerned, proves that he delivered that milk in the same state in which he received it from that owner, and without knowledge that the nature, substance or quality of the milk was injuriously affected, he may, notwithstanding that that owner has himself been convicted and fined, recover from

1985.1 Health. [No. 26.

that owner the amount of any penalty imposed on him as a result of conviction in respect of that prosecution, together with the costs paid, or to be paid, by him on that conviction, and those incurred by him in and about his defence thereto.

(6) If a servant or agent is convicted within the meaning of subsection (5), the justices so convicting him may, if they think fit, suspend the operation of the penalty imposed on him for any period not exceeding 3 months to enable the defendant to recover the amount of the fine and the costs from the owner of the milk concerned.

Regulation

218. (1) A person who makes, prepares or compounds for sale or sells, offers, keeps or	of sale of spurious
butters.
exposes for sale

(a) any compound of fats, oils or similar substances other than the fat of milk;

or

(b) any article not made exclusively of milk or cream, or both, with or without salt, and with or without the addition of colouring matter, and not the legitimate product of the dairy,

in imitation of or as a substitute for butter

(c)	commits an offence; and
(d)	is liable to a penalty not exceeding $500,

unless a conspicuous and legible brand or mark indicating the nature of that compound or article is placed upon each piece or pat of, and on every jar, parcel, cask, case or package that contains, any such compound or article.

No. 26.] Health. [1985.

(2) Any compound or article referred to in

subsection (1)—

(a)	not being genuine butter; and
(b)	not being branded or marked as pro- vided by subsection (1),

may be forthwith seized and destroyed or other- wise disposed of by any public health official or any officer of any local authority.

Imitation

cheese to be 219. A person who sells any imitation or filled

labelled. cheese

(a) commits an offence; and

(b) is liable to a penalty not exceeding

$500,

unless that cheese is distinctly marked with the true and appropriate name of the article, and a label bearing that name is delivered to the purchaser at the time of that sale.

By-laws as

to dairies. 220. (1) A local authority may make by-laws

under section 342—

(a)	for the annual licensing of cowkeepers, dairymen and vendors of milk;
(b)	for the annual registration of dairies, milk stores and milk shops;
(c)	prohibiting the sale of milk except by licensed persons, and except from registered dairies, milk stores or milk shops;
(d)	for the inspection of cattle bred or kept for dairying purposes and of dairy farms and grazing grounds, dairies, milk stores and milk shops, and pro-

1985.1 Health. [No. 26.

hibiting the use thereof if likely, in the opinion of a medical officer of health, to be injurious or dangerous to health by affecting the milk or otherwise;

(e)	for preserving the health and good and cleanly condition of cattle kept at any dairy, and for the inspection and the testing for the presence of tuberculosis in and among the same, and empowering the local authority to order the isolation or destruction of diseased cattle bred or kept for dairying purposes;
(f)	prescribing and regulating the situa- tion, construction, lighting, ventilation, cleansing, paving, draining, and water supply of dairies, milk stores and milk shops;
(g)	prescribing the precautions to be taken for protecting milk against infection or contamination;
(h)	for the sterilisation and delivery of milk;

(i)   for cleansing and disinfecting dairies, milk stores and milk shops, and for destroying or removing any diseased animals, and for removing any sick persons from the premises of any dairy, milk store or milk shop;

(j)	for the prevention of the adulteration of milk and dairy produce;
(k)	for temporarily prohibiting the sale of milk from dairies where animals are diseased or supposed to be diseased, or where persons are suffering, or supposed to be suffering, from an

No. 26.] Health. [1985.

infectious disease, or if there are reasonable grounds for suspecting that the milk supply from those dairies is causing the spread of infectious disease;

prescribing the fees to be paid for every annual licence and registration;

(m) defining areas within the district of the local authority within which it shall not be lawful to establish and open dairies and prohibiting the establish- ment and opening of dairies in those areas.

(2) The Governor may make regulations under section 341 providing for payment of such compensation as he may think just by the local authority to the owner of any cattle destroyed under any by-law made under section 342 as read with subsection (1), and providing for such total or partial reimbursement of the local authority as he may think just out of such moneys as may be provided by Parliament for the purpose.

(3)A person who commits an offence under

(a)	a by-law made under section 342 as read with subsection (1); or
(b)	a regulation made under section 341 as read with subsection (2),

is liable to a penalty not exceeding $2 500.

Division 5.—Drugs.

Mixture of

drug, etc.	221. (1) Subject to subsection (2), a person
with

injurious	who-
ingredients
and
selling the

same. (a) except for the purpose of compounding, as hereinafter described, mixes, colours, stains or powders, or orders or permits any other person to mix, colour, stain or powder, a drug with

1985.] Health. [No. 26.

any ingredient or material so as to affect injuriously the quality or potency of the drug, with intent that the same may be sold in that state; or

(b) sells a drug mixed, coloured, stained or powdered with any ingredient or material so as to affect injuriously the quality or potency of the drug,

commits an offence and is liable to a penalty

not exceeding $5 000.

(2) A person shall not be liable to be convicted of an offence under this section in respect of the sale of any drug, if he shows, to the satisfaction of the justices, that he did not know of the drug sold by him being mixed, coloured, stained or powdered within the meaning of subsection (1), and that he could not with reasonable diligence have obtained that knowledge.

222.   A person who, for purposes of sale, Ist toga fd°(;

mixes or causes or permits to be mixed any firgs	eag
ingredient or material with any drug in order bulk.
thereby fraudulently to increase its mass, bulk or measure, or to conceal its inferior quality, commits an offence and is liable to a penalty not exceeding $5 000.

Sale of

223. (1) A person who-	drugs not of
nature,
substance

(a)	sells any drug which is not of the	and quality
nature, substance and quality of the	demanded.
drug demanded by the purchaser;
(b)	sells any compounded drug which is not compounded of ingredients in accordance with the demand of the purchaser; or
(c)	for the purpose of sale or preparationexposes for sale or deposits in any place
for sale any drug, which is not of the standard referred to in section 229,

commits an offence and is liable to a penalty

not exceeding $2 500.

No. 26.1 Health. [1985.

(2) In any prosecution under this section, it shall not be a defence to prove that

(a)	the purchaser bought only for examination or analysis; or
(b)	the drug, though defective in nature or in substance or in quality, was not defective in all 3 respects.

Labelled

(1) A person who sells any drug shall deliver the same to the purchaser in its pure state, and in strict accordance with its labelled description (if any), and with the name under which it is sold, unless it is sold as a mixture, in which case the added ingredients shall be pure; and the fact of the admixture, with the names of the added ingredients, shall be distinctly and legibly written or printed on a label affixed to the outside of the containing vessel or parcel, or to the outside wrapper, of the drug.

description. 224.

(2) Any person who contravenes subsection (1) commits an offence and is liable to a penalty not exceeding $1 000.

Employment

of infected

225. (1) A person who-

persons

prohibited.

(a)	is suffering from any infectious or contagious disease; and
(b)	engages or is employed in the manu- facture, manipulation, preparation, handling, storage or sale of drugs,

commits an offence and is liable to a penalty

not exceeding $500.

(2) A medical officer may examine any person engaged or employed within the mean- ing of subsection (1) who is suspected of suffer- ing from any infectious or contagious disease, and every such person who refuses to submit to such an examination on being required by a medical officer so to do commits an offence and is liable to a penalty not exceeding $2 500.

1985.] Health. [No. 26.

Executive

226. (1) The Executive Director, Public

Director,

Public

Health, may, at his own instance or at the	Health, may examine and
request of a local authority, cause to be	report On advertised
examined for the purpose of ascertaining its	drugs and
composition and properties any drug or appli-	appliances.
ance which is advertised, exhibited or offered for sale, and shall compare the results of such an examination with any advertisement which relates to that drug or appliance, and with the price at which it is sold, and shall prepare and forward to the Minister a report thereon, and that report may include any comment which the Executive Director, Public Health, thinks desirable in the public interest.
(2) The Executive Director, Public Health, may, with the approval of the Minister, cause a report prepared and forwarded under subsection (1) to be published in

(a) the Gazette; and

(b) any newspaper or public print which circulates within the State,

and to be distributed among the public in any other way, and no action shall lie in respect of that publication.

(3) The proprietor or manager of a newspaper or public print may republish any report which has been published by the Executive Director, Public Health, under subsection (2), and no action shall lie against that proprietor or manager in respect of that republication.

(4) In this section

"appliance" includes any instrument or contrivance which is advertised, exhibited or offered for sale as of use for curative purposes.

Sample of

227. (1) A medical officer of health, health surveyor or any other officer authorized in that

drug may

be obtained

for analysis.

behalf by the Executive Director, Public Health,

No. 26.1 Health. [1985.

or a local authority (in this section called a "competent officer") may procure a sample of a drug, and submit the same to an analyst.

(2) If, when a competent officer applies to purchase a drug from any person having the same for sale, or from the servant or agent of such a person, and tenders the price for the quantity of the drug which he requires for the purpose of analysis, that person, or his servant or agent, refuses to sell the same, he, and also the servant or agent, if any, commits an offence and is liable to a penalty not exceeding $2 500.

A competent officer who purchases a drug with the intention of submitting the same to analysis (in this section called "the purchaser") shall forthwith notify to the seller or his servant or agent selling the same his intention to have the same analysed, and shall offer to divide the drug so purchased into 3 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 by the purchaser in the presence of the seller or his servant or agent, and, if the seller or his servant or agent so desires, with the seal or distinguishing mark of the seller or his servant or agent as well as that of the purchaser.

(3)

The purchaser shall, if the offer made by him under subsection (3) is accepted, proceed accordingly, and shall deliver one of the parts concerned to the seller or his servant or agent, retain another of those parts for future comparison and submit the third of those parts to an analyst, if he thinks it right to have the drug concerned analysed.

(4)

(5) If the purchaser of the drug concerned has under subsection (3) notified the seller or his servant or agent selling the same of his intention to have the same analysed, he shall also, within 3 days after giving that notice, give a similar notice to the manufacturer of that

1985. ] Health. [No. 26.

drug, if that manufacturer is other than the seller and his name and address are known to the purchaser and he resides or carries on business within the State.

If the seller of a drug or his servant or agent, having accepted the offer of the purchaser under subsection (3) to divide the drug, prevents or attempts to prevent the completion of the proceedings prescribed by subsection (4), whether by departing from the place where the purchase was made or otherwise, then the purchaser may proceed as if the offer had not been accepted.

(6)

If the seller of a drug or his servant or agent does not accept the offer of the purchaser under subsection (3) to divide the drug, the analyst receiving the same shall divide it into 2 parts, and shall seal or fasten up one of those parts, and cause it to be delivered to the purchaser, either when that analyst receives the drug or when he supplies his certificate to the purchaser, and the purchaser shall retain the part so delivered to him and produce the same if any proceedings are afterwards taken in the matter.

(7)

(8)

If an analyst does not reside within 3 kilometres of the residence of the person requiring a drug to be analysed for the purposes of this section, the drug may be forwarded to the analyst through a post office as a registered letter or packet, or by such other means or in such other manner as may be prescribed.

An analyst analysing a drug for the purposes of this section shall give a certificate of the result of his analysis and examination in the prescribed form, and in any proceedings before any court the production of a certificate purporting to be signed by that analyst shall be sufficient evidence of the identity of the drug analysed and of the result of that analysis, without proof of the signature of the person appearing to have signed the same.

(9)

No. 261 Health. [1985.

(10) Notwithstanding anything in subsection (9), the defendant in any proceeding arising out of an analysis under this section may require the analyst concerned to be called as a witness, and the part of the drug concerned retained by the person who purchased the same to be produced.

(11) The court before which any complaint is made, or any appeal is heard, may cause a drug to be sent to an analyst to make an analysis or examination thereof and give a certificate to the court of the result.

(12) The cost of any analysis or examination of a drug sent to an analyst under subsection (11) shall be paid as the court in its discretion directs.

(13) A competent officer purchasing a drug under this section may require the seller to state his name and address, and, if default is made in complying with that requirement, the seller commits an offence.

(14) In any prosecution under this Division proof of non-compliance, or failure to prove compliance, on the part of a competent officer with any of the provisions of this section which ought to have been complied with by him shall not entitle the defendant to have the complaint dismissed or prevent his conviction unless he shall show that the non-compliance has in fact prejudiced him.

Power of

medical	228. (1) Any medical officer of health, or
health,

officer of	health surveyor, or any other officer authorized
health
surveyor, etc.	in that behalf by the Executive Director, Public
in relation
to drugs.	Health, or a local authority (in this section called "the competent officer") may, in the exercise of the powers conferred on him by this Division

(a) at all reasonable hours have access to all public or private salerooms occupied or used by merchants, brokers, whole-

1985.] Health. [No. 26.

sale dealers or other persons, and to all public and private warehouses, factories, stores, quays, sheds, ships or barges where drugs are offered for sale, or deposited for the purpose of sale, and seize or procure samples of any drugs so offered for sale;

(b)	seize or procure samples of any drugs at their place of delivery, or at any railway station or other place during transit, or on the premises of or else- where in the possession of any person for the purpose of carriage;
(c)	seize on board any vessel or procure at the port of entry or elsewhere samples of any drugs imported as merchandise;
(d)	seize or procure samples of any drug which the competent officer may suspect to have been sold or to be intended to be sold as a drug with the standard appointed for which it is not in conformity;
(e)	for any purpose referred to in paragraph (a), (b), (c) or (d), open any package in which any drugs referred to in that paragraph may be contained.

(2) A person having the possession, custody or control of any drug referred to in subsection (1) who refuses to permit samples to be seized or procured under that subsection commits an offence and is liable to a penalty not exceeding $10 000.

A competent officer who seizes or procures under subsection (1) a sample of a drug which is consigned to any person shall forthwith divide that sample into 3 parts, and shall deliver or forward one of the parts to the consignor, if

(3)

No. 26.] Health. [1985.

he resides or carries on business in the State, and his name and his address within the State appear on the package containing the drug, but if he does not reside or carry on business in the State or his name and address do not so appear, the part shall be delivered or forwarded by the competent officer to the consignee.

A competent officer who has delivered or forwarded one part of a sample under subsection (3) shall retain one of the other 2 parts of the sample for future comparison, and shall submit the third part thereof to an analyst, if he thinks it right to have that third part analysed.

(4)

In addition to complying with subsections (3) and (4), a competent officer shall, within 3 days after seizing or procuring the sample concerned, give to the manufacturer of the drug concerned, if that manufacturer is other than the consignor and his name and address are known to the competent officer and he resides or carries on business within the State, notice in writing of the intention of the competent officer to submit the third part of that sample to an analyst.

(5)

(6) Whenever it is desired to forward any portion of a sample under this section, that portion may be sent through a post office as a registered letter or packet, or by such other means or in such other manner as may be prescribed.

A competent officer who seizes or procures under this section a sample of a drug which is not consigned to any person shall submit the whole sample to an analyst if he thinks it right to have the same analysed.

(7)

Subsections (8), (9), (10), (11), (12) and (14) of section 227 shall be deemed to be repeated in this section (with the words "seized or procured" substituted for the word "pur-

(8)

1985.] Health. [No. 26.

chased" in subsection (10) of that section), and shall have effect in connection with the fore- going provisions of this section accordingly.

(9) In this section

"package" includes parcel, box, barrel, basket, bag, case or tin.

The

229. (1) In every proceeding under this Act with respect to any drug, the standard settled

appointed

standard or

The British

Pharma-

and appointed by regulations under this Act

copoeia to be

standard.

shall be the standard, or if no such standard shall have been settled and appointed in respect of any drug, the pharmacopoeia as defined by The British Pharmacopoeia shall be taken as the standard.

(2) A purchaser of a drug for which a standard referred to in subsection (1) exists shall, in the absence of proof to the contrary, be deemed to have demanded the standard quality of that drug.

A drug for which a standard referred to in subsection (1) exists shall, for the purposes of this Act, be deemed to be pure if it is in conformity with that standard.

(3)

Right of

230. If the defendant in any prosecution under this Act for the sale of a drug, having

recourse by

defendant in

certain cases.

purchased the drug, proves that he sold it

(a) in the state in which he received it from the person from whom he purchased it; and

(b) without knowledge that-

(i) the nature, substance, or quality of the drug was not that of the drug demanded by the purchaser;

No. 26.] Health. [1985.

(ii)   any ingredient or material had been mixed with the drug contrary to any provisions of this Act;

(iii)   the drug was unfit for human consumption or use; or

(iv)    otherwise any provisions of this Act with regard to the nature, substance, quality or labelling of the drug had been contra- vened,

as the case requires, he may recover, in any court of competent jurisdiction, from the person from whom he purchased the drug, the amount of any penalty imposed on him on conviction as a result of that prosecution, together with the costs thereof, paid or payable by him on his conviction, and those paid or payable by him in and about his defence thereto; and the court that imposes that penalty on him may suspend the operation of that penalty for any period not exceeding 3 months to enable him to recover, as hereinbefore provided, from the person from whom he purchased the drug.

Responsi-

bility of	231. (1) In this section
manufac-
turer as well
as that of

seller of "deficient product" means manufactured

drugs.

drug, which, when sold by its

manufacturer, is not

(a)	of the quality, nature, sub- stance, degree of purity, standard or composition;
(b)	free from admixture, colouring, staining, powder, ingredient, material or substance; or

(c) labelled,

as required by this Act;

1985.] Health. [No. 26.

"manufacturer" means manufacturer of a deficient product;

"vendor" means person who, not being a manufacturer or wholesaler, sells a deficient product whether he pur- chases it directly or indirectly from its manufacturer or wholesaler or otherwise.

(2) A person who sells a deficient product commits an offence and is liable to a penalty not exceeding $2 500.

(3) When in the district of a local authority a vendor commits an offence under subsection (2), the local authority may

(a)	prosecute the vendor, or the manu- facturer, or both of them; or
(b)	the vendor or the wholesaler, or both of them,

as the case requires, for their respective offences

under that subsection.

(4) Notwithstanding that anything con- stituting or partly constituting the sale by the manufacturer or wholesaler of a deficient product was done or omitted, or caused to be done or omitted, by that manufacturer or wholesaler elsewhere than in the district of a local authority, the local authority may prosecute that manufacturer or wholesaler for an offence under subsection (2) in all respects as if the sale had been effected in that district by that manufacturer or wholesaler.

(5) When a prosecution for an offence under subsection (2) is instituted against both the vendor and the manufacturer or both the vendor and the wholesaler, the local authority concerned may, notwithstanding the provisions

No. 26.1 Health. [1985.

of section 43 of the Justices Act 1902, but subject to those of section 51 of that Act, join both matters in the same complaint.

(6) The provisions of this section do not derogate from those of section 230.

Liability

of agent	232. (1) In any prosecution for an offence under this Act in respect of the sale of a drug, it shall be no defence that the defendant is only the agent or servant of the owner of or person dealing in the drug or having the same for sale, but the agent or servant and that owner or person shall both be liable.
or servant.
(2) Notwithstanding anything in subsection (1), it shall be a defence in a prosecution referred to in that subsection if the defendant, being a servant referred to in that subsection, proves that the offence concerned was committed in a store, shop, stall or other similar place in which business was, at the time of the commission of that offence, conducted under the personal superintendence of some other person.

If the defendant in a prosecution referred to in subsection (1), being an agent or servant referred to in that subsection, proves that he sold the drug concerned without knowledge that

(3)

(a)	the nature, substance or quality of that drug was not that of the drug demanded by the purchaser;
(b)	any ingredient or material had been mixed with that drug contrary to any provisions of this Act;
(c)	that drug was unfit for human consumption or use; or
(d)	otherwise any provisions of this Act with regard to the nature, substance, quality or labelling of that drug had been contravened,

1985. ] Health. [No. 26.

as the case requires, he may, notwithstanding that his principal, employer or master has been convicted and fined, recover in any court of competent jurisdiction from his principal, employer or master the amount of any penalty imposed on him on conviction as a result of that prosecution, together with the costs thereof paid or payable by him on his conviction, and those paid or payable by him in and about his defence to that prosecution.

(4) When an agent or servant has been convicted of an offence referred to in subsection (1) the court may, if it thinks fit, suspend the operation of the penalty imposed on that conviction for any period not exceeding 3 months to enable him to recover from his principal, employer or master the penalty and costs referred to in subsection (3).

unlit drug

233. Whenever, after the conviction of a May be

person for an offence under this Act in respect	destroyed.
of the selling of a drug, the justices are of opinion that the drug is unfit for use as a drug, they may order the drug to be forfeited and to be destroyed or otherwise disposed of as they think fit.

234. (1) The consignee or other person ItiPertation

having the custody of a drug imported into the :dUlterated	State who does not permit any medical officer drum etc.
of health, health surveyor or any other officer authorized in that behalf by the Executive Director, Public Health, or the local authority to take such samples of any such consignment as may be necessary for the enforcement of the provisions of this Act commits an offence and is liable to a penalty not exceeding $2 500.
(2) When an officer referred to in subsection (1) takes a sample of a consignment referred to in that subsection, he shall divide it into 3 parts, deliver or send one of the parts to the

No. 26.] Health. [1985.

consignee or his agent, retain one of the parts for future comparison and submit the third part to an analyst or to a bacteriologist or pathologist appointed under section 6 of the Health Legislation Administration Act 1984.

(3) If on analysis or examination a sample submitted to an analyst or bacteriologist or pathologist under subsection (2) is found to be adulterated or impoverished, or if it has been mixed with any other substance, or if any part of it has been abstracted so as in any case to affect injuriously its quality, substance or nature, the drug from which that sample was taken shall not be delivered to the consignee except with the sanction of the Executive Director, Public Health, and subject to such terms and conditions as he thinks fit to impose.

Drugs may

be declared	235. (1) If the Executive Director, Public
dangerous by

Executive	Health, is of opinion that any quantity of a
Director,
Public	drug, even if it is correctly administered, would
Health.	or may in the circumstances be injurious or dangerous to health, owing to some extraneous matter being by mistake or fraudulently mixed with the drug in the process of preparation, deterioration of the drug, chemical change in the drug or for any other reason whatsoever, the Executive Director, Public Health, may, with the approval of the Minister, declare that the quantity of the drug is dangerous.
(2) While a declaration made under sub- section (1) is in force, the Executive Director, Public Health, may from time to time order in writing the owner or person having possession of the drug concerned to

(a)	secure that drug in a safe place and ensure that it is not removed from his possession or used or sold;
(b)	deliver up that drug to a person specified in that order at a place, and within a time, so specified; or

1985.1 Health. [No. 26.

(c) do such things in relation to that drug as the Executive Director, Public Health, deems necessary for the protection of the public health and specifies in that order,

but before any action is taken under paragraph (b) or (c) the Executive Director, Public Health, shall give 7 days' notice in writing to the whole- saler or manufacturer of that drug of his intention to exercise his powers under that paragraph.

(3) When the Executive Director, Public Health, is of opinion that the drug to which a declaration under subsection (1) relates is no longer dangerous or injurious to health, he shall forthwith give notice of the fact to the owner of that drug and revoke any order made by him under subsection (2) relating to that drug, but if at any time after a period of 30 days of the date of the making of such an order the Executive Director, Public Health, is of the opinion that that drug is still dangerous or injurious to health he may destroy or otherwise dispose of it as he thinks fit.

(4) The Executive Director, Public Health, may at any time revoke a declaration made under subsection (1).

(5) A person shall not be entitled to any compensation either from the Crown or the Executive Director, Public Health, by reason of anything done, or the destruction of or damage to or loss of value of any drugs as a result of any action taken, in accordance with an order made by the Executive Director, Public Health,

under subsection (2) or as a result of any action

taken by the Executive Director, Public Health,

under subsection (3).

No. 261 Health. [1985.

False trade

description	236. (1) A person who sells, or exchanges, or offers, stores, keeps, exposes, advertises or delivers for sale or exchange, or authorizes, directs or allows the sale or exchange of any drug
of drug.

(a)	to which a false trade description is applied; or
(b)	which bears a description which, or the advertised description of which, is misleading, or which, if relied on, might cause injury or danger to health,

commits an offence and is liable to a penalty not

exceeding $5 000.

(2) A trade description shall be deemed, for the purposes of subsection (1), to be applied to a drug, if it is

(a)	applied to the drug itself;
(b)	applied to any covering, label, reel or thing used in connection with the drug; or
(c)	applied to the drug by way of advertisement.

(3) In subsection (2)—

"advertisement" includes statements made

in circulars or pamphlets, whether

issued with the drug concerned or not;

"covering" includes any stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper;

"label" includes any band or ticket.

1985.] Health. [No. 26.

Division 6.—Medicines and disinfectants.

Sale of

237. (1) The Executive Director, Public

patent or

Proprietary

Health, may, from time to time, on the advice	medicines
may be
of the Drug Advisory Committee, prohibit the	prohibited.
sale of any patent or proprietary medicine which, in the opinion of the Drug Advisory Committee, is deleterious or dangerous to health.

A person who sells, or offers to sell, or advertises for sale, or has in his possession for sale, any patent or proprietary medicine, the sale of which has been prohibited under sub- section (1), commits an offence and is liable to a penalty not exceeding $10 000.

(2)

(3) In this section

"patent or proprietary medicine" means medicine or medicinal preparation for external or internal use which

(a) the maker or vendor has any exclusive right to make under the authority of letters patent;

or

(b) is recommended to the public by advertisement, price list, handbill or label for the prevention, cure or relief of any malady or disorder incident to or otherwise affecting the human body.

Publication

238. (1) A person who publishes, or causes

of false

statements

to be published, any statement which is	concerning medicines,
intended by the person or any other person to	etc.
promote the sale of an article as a medicine, preparation or appliance for the prevention, alleviation or cure of any human ailment or physical defect, and which is false in any material particular relating to the ingredients,

No. 26.] Health. [1985.

composition, structure, nature or operation of the article, or to the effects which have followed, or may follow, the use thereof, com- mits an offence and is liable to a penalty not exceeding $10 000.

(2) A statement shall be deemed to be published within the meaning of this section if it is

(a)	inserted in any newspaper printed and published in the State;
(b)	publicly exhibited in view of persons in any road, street or other public place;

(c) contained in any document which is-

(i)   sent to any person through the post office;

(ii)

gratuitously delivered to any

person; or

(iii)  left on premises in the occupation of any person;

or

(d) made and knowingly communicated by spoken word or transmission of sound or light or partly by each.

(3) Subject to subsection (4), if any statement referred to in subsection (1) is published in a newspaper printed and published in the State, the printer, publisher and proprietor of that newspaper severally, and without excluding the liability of any other person, commit an offence and are each of them liable to a penalty not exceeding $500.

(4) A prosecution shall not be instituted against the printer, publisher or proprietor of any newspaper printed and published in the State for the publication of any statement

1985. 1 Health. [No. 26.

referred to in subsection (1), unless within the period of 3 months immediately preceding the day of the publication thereof a warning has been delivered to that printer, publisher or proprietor, as the case requires, under the hand of the Executive Director, Public Health, that that statement, or some other statement substantially to the same effect, is false within the meaning of that subsection, and that the publication thereof is an offence.

(5) Subject to subsection (6), a person who sells, or offers for sale, or has in his possession for sale, any newspaper or publication published outside the State containing any statement which is intended or apparently intended to promote the sale of an article as a medicine, preparation or appliance for the prevention, alleviation or cure of any human ailment or physical defect, and which is false in any material particular relating to the ingredients, composition, structure, nature or operation of the article, or to the effects which have followed, or may follow, the use thereof commits an offence and is liable to a penalty not exceeding $500.

(6) A prosecution shall not be instituted against any person for an offence under sub- section (5), unless within the 3 months immediately preceding the day on which the newspaper or publication concerned came into his possession he has been warned by the Executive Director, Public Health, of the falsity within the meaning of that subsection of that statement or of some other statement substantially to the same effect, and that the sale, offering for sale or possession for sale of that newspaper or publication is an offence.

239. The provisions of section 227 apply to disinfectants and pesticides in all respects as	Application
of section 227
to disinfect-
ants and
if they were drugs, but if a disinfectant or a	Pesticides.
pesticide is contained in packages it shall be a

No. 26.] Health. [1985.

sufficient compliance with the provisions of sub- section (3) of that section if, instead of a division into 3 parts, 3 unopened packages are purchased, in which case each such package shall be regarded as a division of the disinfectant or pesticide into one-third, and shall be marked and sealed or fastened in accordance with the provisions of that subsection.

Disinfect-

(1) A person who sells or exposes for sale any substances or compound under the name or description of, or with intent that the same may be used as, a disinfectant, deodoriser, germicide, insecticide, preservative, antiseptic, sanitary powder or sanitary fluid, without disclosing the names or name of those sub- stances or that compound and the percentage of the active ingredients contained in the same by a label distinctly and legibly written or printed on or with those substances or that compound, commits an offence and is liable to a penalty not exceeding $2 500.

ants, etc. 240.

(2) The provisions of this Act relating to the analysis or examination or labelling of drugs shall apply to all substances and compounds referred to in subsection (1).

False trade

(1) A person who sells, or exchanges, or offers, stores, keeps, exposes, advertises, or delivers for sale or exchange, or authorizes, directs, or allows the sale or exchange of any disinfectant

description 241.

of disinfect-

ant.

(a)	to which a false trade description is applied; or
(b)	which bears a description which, or the advertised description of which, is mis- leading, or which, if relied on, might cause injury or danger to health,

commits an offence and is liable to a penalty

not exceeding $5 000.

1985.] Health. [No. 26.

(2) A trade description shall be deemed, for the purposes of subsection (1), to be applied to a disinfectant, if it is

(a)	applied to the disinfectant itself;
(b)	applied to any covering, label, reel or thing used in connection with the disinfectant; or
(c)	applied to the disinfectant by way of advertisement.

(3) In subsection (2)—

"advertisement" includes statements made in circulars or pamphlets, whether issued with the disinfectant concerned or not;

"covering" includes any stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper;

"label" includes any band or ticket.

Division 7.—Manufacture of therapeutic substances.

242. (1) A person shall not manufacture for Therapeutic

sale any therapeutic substance unless the g;abneu_

therapeutic substance is manufactured on fl‘ccet,;sreeg"

premises which are licensed by the Executive premises.

Director, Public Health, for the purpose.

(2) An application for a licence in respect of premises shall be made

(a)	to the Executive Director, Public Health, by a person who manufactures a therapeutic substance for sale; and
(b)	in the prescribed form accompanied by the prescribed fee,

and the Executive Director, Public Health, may

grant or refuse that application.

No. 26.] Health. [1985.

(3) A person who manufactures for sale a therapeutic substance on any premises, other than premises which are licensed under this Division, commits an offence and is liable to a penalty not exceeding $2 500.

Duration of

licences, and	243. A licence granted by the Executive
licences to

stipulate	Director, Public Health, under section 242 (2)—
premises and be subject to conditions.

(a)	shall specify the premises to which it relates;
(b)	may be renewed from time to time by the Executive Director, Public Health, for a period of 12 months from the date of renewal;
(c)	shall continue in force, unless sooner suspended or revoked under this section, for a period of 12 months from the date of issue or renewal;
(d)	may be granted or renewed subject to such conditions and limitations as the Executive Director, Public Health, considers necessary for the proper production of the therapeutic substances to be manufactured on the premises the subject of that licence;
(e)	may specify the therapeutic substances which may alone be manufactured on the premises the subject of that licence;
(f)	may be suspended for such time as the Executive Director, Public Health, thinks fit or revoked, if in the opinion of the Executive Director, Public Health-

(i) the manufacturer of a therapeutic substance has not complied with any condition

1985.] Health. [No. 26.

attached to the licence of the premises whereon the thera- peutic substance is being or is manufactured; or

(ii) for any reason the premises, apparatus, processes, materials or staff used or employed in the manufacture of a therapeutic substance have become inad- equate, obsolete or unsuitable, as the case requires, or do not comply with the prescribed standards having regard to the nature of the therapeutic substance being manufactured for sale on those premises.

244.    (1) A person aggrieved by a decision of ZirsIt

the Executive Director, Public Health, refusing texceigotilvisef

to grant or renew a licence or suspending or itr:litc",

revoking a licence may appeal in manner Health.

prescribed against the decision to a Judge sitting in open court or in chambers, as that Judge may determine.

(2) On an appeal made under subsection (1) the Judge concerned may confirm, modify or reverse the decision appealed against or make such other order thereon, including an order as to the costs of that appeal, as he thinks fit, and the decision of that Judge is final.

Regulations.

245.

(1) The Governor on the advice of the Drug Advisory Committee may make regulations under section 341 prescribing forms and fees and other matters and things which appear to him to be necessary or convenient for the protection of health in relation to therapeutic substances, including regulating the manufacture, prepara- tion, packaging, labelling, storage, carriage, distribution, sale or use of therapeutic sub- stances, prescribing a substance or compound to

No. 26.] Health. [1985.

be a therapeutic substance when used for a prescribed purpose and prescribing the purpose and prescribing a substance or compound to be a therapeutic substance.

(2) The regulations made under section 341 as read with subsection (1) may prescribe a penalty not exceeding $2 500 for a breach of any regulation thereof.

Division 8.—Pesticides.

Interpreta-

tion in 246. In this Division, unless the context

Division 8. requires otherwise

"the Pesticides Advisory Committee" means the Pesticides Advisory Committee referred to in section 246B.

Pharmacy

Act 1964 and	246A.	The provisions of this Division do not
Poisons Act

1964 not	affect the provisions of the Pharmacy Act 1964
affected.	or the Poisons Act 1964.
Pesticides

(1) The Pesticides Advisory Commit- tee which was, immediately before the coming into operation of the Health Amendment Act 1985, appointed by the Minister under section 241C as section 241C existed immediately before that coming into operation is hereby preserved and continued in existence under this Act.

Advisory 246B.

Committee.

(2) The Pesticides Advisory Committee shall consist of 4 members of whom

(a) one shall be the Executive Director, Public Health, or a medical officer nominated by the Executive Director, Public Health;

(b) one shall be the Government Analyst;

1985.] Health. [No. 26.

(c)	one shall be the Director of Agriculture or an officer of the Department of Agriculture nominated by the Director of Agriculture; and
(d)	one shall be the person who is for the time being holding the office of Secretary of the Pesticides Advisory Committee under subsection (7),

together with such person or persons as the regular members may for the time being co-opt to advise the Pesticides Advisory Committee on the pesticides industry.

(3) The Executive Director, Public Health, or the medical officer referred to in subsection (2) (a), as the case requires, shall be the Chair- man of the Pesticides Advisory Committee (in this section called "the Chairman").

(4)

The Minister may appoint a deputy for a regular member and, at any meeting of the Pesticides Advisory Committee at which the regular member is not present but his deputy is present, his deputy shall have all the func- tions of the regular member.

(5)

Those members of the Pesticides Advisory Committee and their deputies who were appointed by the Minister and who held office immediately before the coming into operation of the Health Amendment Act 1985 shall, subject to this section, continue in office until the expiry of the respective terms of their appointments.

(6) At any meeting of the Pesticides Advisory

Committee

(a) the Chairman, or in his absence, his deputy shall preside, but if neither the Chairman nor his deputy is present the other regular members present shall elect one of their number to preside;

No. 26.] Health. [1985.

(b)	each regular member present and, in relation to matters in respect of which he is co-opted under subsection (2), each co-opted member present has a deliberative vote and, in the event of an equality of votes, the person presid- ing at that meeting shall also have a second or casting vote; and
(c)	any 2 regular members constitute a quorum.

The Minister shall appoint a person to the office of Secretary of the Pesticides Advisory Committee, but that office may be held in con- junction with any other office under the Public Service Act 1978.

(7)

(8) Each member may be paid such attend- ance fees as are prescribed in his case.

(9) In this section

"co-opted member" means person co-opted under subsection (2);

"member" means regular member or co- opted member;

"regular member" means person referred to in paragraph (a), (b), (c) or (d) of subsection (2).

Regulations

relating to

246C. (1) The Governor on the advice of the Pesticides Advisory Committee may make regulations under section 341 prescribing forms, fees, including application fees, and other matters and things, which appear to him to be necessary or convenient for the protection of health in relation to pesticides, including regulating and prohibiting the manufacture, preparation, packaging, labelling, storage, carriage, distribution, sale, use and registration of pesticides, the registration or licensing of the

pesticides.

1985.] Health. [No. 26.

users of certain pesticides, prescribing a substance or compound to be a pesticide when used for a prescribed purpose and prescribing the purpose, and may in respect of pesticides also make regulations which are authorized by section 246D as if references in that section to drugs were references to pesticides.

(2) The regulations made under section 341 as read with subsection (1) may be prescribed to be of general application or to apply in particular cases, circumstances or localities, and may prescribe the cases, circumstances and localities in which and the conditions on which pesticides or classes of pesticides, or persons or classes of persons, are subjected to or exempted from the application of those regulations, either wholly or to such extent as is prescribed by those regulations.

(3) A regulation made under section 341 as read with subsection (1) shall not be invalid on the ground that it delegates to or confers on a health surveyor or other person authority to determine or direct how or where a pesticide may be used, or any other discretionary authority.

(4) A person who commits an offence under a regulation made under section 341 as read with subsection (1) is liable to a penalty not exceeding $2 500.

Division 9.—Regulations.

246D. (1) The Governor on the advice of the Drug Advisory Committee may from time to time make regulations under section 341- Regulations.

(a) prescribing the fees to be paid by analysts applying to be registered under section 203;

No. 261 Health. [1985.

(b)

prescribing the fees to be paid by persons for the analysis or examination of drugs or disinfectants;

(c)

disinfectants, and for the examination

or analysis thereof;

(d)

settling and appointing standards for the composition of drugs and disinfectants, and the amount of dilution, if any, to be allowed in the sale by retail of any drugs;

(e)

prohibiting persons having in their possession for sale any drug or disin- fectant which has been adulterated by the admixture of any foreign substance;

for the taking of samples of drugs and

(f) prohibiting the manufacture, sale and offering for sale of any textile substance or leather

(i)  which is intended for, or is capable of being used in, wearing apparel for use by man; and

(ii)  which contains arsenic, lead, antimony or barium in any form or compound;

settling and appointing standards of

(g)	the amount of deterioration or natural poverty, if any, in any drug to be permitted without prosecution under the provisions of this Act;
(h)	settling and appointing methods of analysis and examination (either exclusive or optional) whereby the composition, quality or conformity or want of conformity to standard of any drug shall or may be ascertained;

1985.] Health. [No. 26.

(i)  ordaining that any drug shall be labelled;

(j)	prescribing what information relative to a drug shall be set out on its label, and prohibiting the use on such a label of any particular words or expressions;
(k)	prohibiting the sale (except to a health surveyor or public health official demanding a sample of the drug concerned under the authority of this Act) or offering or exposing for sale of any drug which is not labelled as prescribed;

(1) granting conditional exemption from any requirement of the regulations regarding labelling in respect of any drug and prescribing the conditions of such an exemption;

(m)	regulating marks to be applied to drugs or disinfectants deemed by the Executive Director, Public Health, wholesome or effective, and prescribing the fees to be paid for the inspection and marking of drugs or disinfectants;
(n)	discriminating in respect of labelling between drugs supplied on the order of a medical practitioner within the meaning of section 3 of the Medical Act 1894 or by a pharmaceutical chemist and drugs not so supplied;
(o)	for the prevention of adulteration or contamination of drugs and disin- fectants, and for the prohibition of the sale (except to a health surveyor or other officer demanding a sample of a drug or disinfectant under the auth- ority of this Act) or offering or exposure for sale of drugs or disinfectants not in conformity with the prescribed standard; and

No. 26.] Health. [1985.

(p) generally for all other matters and things necessary to give effect to this Part.

(2) The Governor may from time to time make regulations under section 341-

(a) regulating the sale, offer or exposure for sale, movement and storage of meat and, without limiting the generality of the foregoing-

(i)  providing for meat that is slaughtered for food or imported for food to be inspected to determine whether it is whole- some and appointing places at which meat may be exhibited for that inspection;

(ii)   imposing rates of fees for the purpose of recovering the costs of carrying out inspections of meat for the purposes of the regulations, which rates may vary according to the class, description or kind of inspection carried out, and prescribing the persons by whom and to whom and the places and times where and when those fees shall be paid;

(iii)    prescribing marks and brands to be applied to meat inspected for the purposes of the regulations;

(iv)    prohibiting the sale, or the offer or exposure for sale, within any prescribed district or prescribed part of a district, of meat that

(A) is not accompanied by a certificate evidencing that it has been inspected for the purposes of the regulations and passed as wholesome; or

1985.1 Health. [No. 26.

(B) is not marked or branded with prescribed marks or brands in accordance with the regulations;

(b) requiring persons who in any shops, vehicles or places exhibit meat that is or has been frozen for sale or have it in their possession for sale to cause notices of that fact to be legibly printed and conspicuously displayed to the satisfaction of a health surveyor on or in those shops, vehicles or places and to keep and maintain those notices conspicuously displayed thereon or therein during the whole time that any such meat is exhibited or kept therein;

and

(c) generally for all other matters and things necessary to give effect to this Part.

(3) A person who commits an offence under

a regulation made under section 341 as read with subsection (1) or (2) is liable to a penalty not exceeding $2 500.

1985.] Health. [No. 26.

or document and that the person named therein as the person in whose name the motor vehicle is registered was the person using the motor vehicle at the material time or during the material period;

(h) an allegation or averment in a complaint-

(i)   that a place is, or that any act, matter or thing was done or omitted, within a specified district;

(ii)  that any person, premises or other place, vehicle or appliance was or was not or were or were not at any material time licensed, registered, permitted, authorized or approved under this Part;

(iii)  that food was prepared or packed by a specified person;

(iv)    that a specified substance is or is not food within the meaning of this Part;

(v)  that any licence, registration, permit, approval, certificate or authority required under this Part to be obtained was not duly obtained by the person required to obtain it; or

(vi)  of the date on which the commission of an offence under this Part came to the knowledge of the complainant,

shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that allegation or averment;

No. 26.1 Health. [1985.

(i)    a sale of food shall be evidence, until the contrary is proved, that the food was sold for consumption by man;

(j)	the finding of food in any premises or other place or vehicle used for selling or packing, storing, handling, serving, supplying or conveying for sale food shall be evidence, until the contrary is proved, that the food so found was intended for sale for consumption by man;
(k)	the finding of food in any premises or other place or vehicle used for the preparation for sale of food shall be evidence, until the contrary is proved, that the food so found was intended to be used in the preparation for sale of food;

(I) the obtaining of a sample of food under this Part with the intention that it be submitted for analysis shall be evidence, until the contrary is proved, that the food of which a sample was so obtained was food for consumption by man;

(m)	the onus of proof that food was not sold, prepared for sale, conveyed or intended for sale for consumption by man is on the person charged with the offence concerned; and
(n)	in respect of food comprising a sample taken or otherwise obtained for submission for analysis, each of the parts into which that food is divided shall be taken to be of uniform composition with the other such parts, until the contrary is proved.

(2) This section does not prejudice or in any way affect other means of proving the elements of an alleged offence.

1985.] Health. [No. 26.

247. (1) The Governor may on the advice of Regulations.

the Food Advisory Committee make regulations under section 341 prescribing all matters that are required or permitted by this Part to be prescribed, or are necessary or convenient to be prescribed, for giving effect to the purposes of this Part.

(2) The power to regulate includes the power to prohibit.

(3) The regulations may

(a)	adopt wholly or partly and specifically or by reference and with any alteration, amendment, modification or variation any of the standards, rules, codes, specifications or methods of any association, body or institution whether as in force or recommended at the time of adoption or as amended from time to time;
(b)	confer powers or authorities or impose functions or duties in connection with the regulations on a government department, public authority or local authority, owners or occupiers of premises or other places or appliances, or owners or operators of vehicles or other persons; and
(c)	create offences under the regulations and provide for a penalty not exceeding $2 500 in respect of any such offence.

(4) Without limiting the generality of the power conferred upon the Governor by sub- section (1), regulations may be made with respect to the specific matters and things set forth in Schedule 3.

(5) The Executive Director, Public Health,

may cause to be published codes of practice in

connection with matters and things with respect

No. 26.] Health. [1985.

to which regulations may be made for the purpose of giving advice and guidance to persons responsible for compliance with those regulations and may amend or repeal any such codes. ".

Section 275

Section 275 of the principal Act is amended in

subsection (3) by deleting "the Third Schedule to

this Act" and substituting the following-

amended. 8.

" Schedule 4 ".

First

The First Schedule to the principal Act is amended in the heading by deleting "THE FIRST

9.

Schedule amended.

SCHEDULE." and substituting the following-

" SCHEDULE 1. (Section 4).

Second

The Second Schedule to the principal Act is amended in the heading by deleting "THE SECOND

Schedule 10.

anadnded.

SCHEDULE." and substituting the following-

" SCHEDULE 2. (Section 186). ".

Schedule 3

The principal Act is amended by inserting before the Third Schedule the following Schedule

inserted. 11.

SCHEDULE 3. (Section 247 (4)).

SPECIFIC MATTERS AND THINGS WITH RESPECT

TO WHICH REGULATIONS MAY BE MADE.

1. The powers, authorities, functions and duties of persons engaged in the administration of Part VIII.

2. The licensing by the Executive Director, Public Health, or a local authority of persons for specified purposes.

3. The registration by the Executive Director, Public Health, or a local authority of premises or other places, vehicles or appliances for specified purposes and the inspection of premises or other places, vehicles or appliances in respect of which registration has been granted or is sought.

1985. ] Health. [No. 26.

4. Applications for and the grant, issue, revocation, cancellation, suspension or surrender of licences, registrations, permits, approvals, certificates and authorities under Part VIII and transfers, renewals and duplicates thereof; the terms, conditions and restrictions on which those licences, registrations, permits, approvals, certificates and authorities may be granted, issued, revoked, cancelled, suspended, surrendered, transferred or renewed; and the records to be kept in relation thereto.

5. The prescription of standards for the nature, substance, composition, strength, mass, quantity, purity or quality of food generally or food of a specified class or description or of any ingredient or component part thereof or for the nature or proportion of any substance that may be mixed with or used in the preparation or preservation thereof, and the variations, if any, from standards.

6. The prohibition of the addition to, mixture with or use in the preparation of or presence in food generally or food of a specified class or description of a specified substance or a specified substance exceeding a prescribed quantity or proportion.

7. The prescription of the quantity or proportion of a specified substance that is to be the quantity or proportion or the maximum or minimum quantity or proportion that shall or may be added to, mixed with or used in the preparation of or present in food generally or food of a specified class or description.

8. The prohibition in the sale or the preparation, packing, storing, handling, serving, supplying or conveying for sale of food generally or food of a specified class or description of the use of any appliances, articles or materials containing a specified substance or a specified substance exceeding a prescribed quantity or proportion.

9. The prescription or prohibition of specified modes of

the preparation of food generally or food of a specified

class or description.

10. The prescription of the temperature at which food generally or food of a specified class or description that is prepared, stored, displayed, exposed or conveyed for sale shall be kept.

11. The prohibition of the sale of food generally or food of a specified class or description containing any micro- organism or a micro-organism of a specified kind or a micro-organism or a micro-organism of a specified kind in excess of a specified number in a specified quantity.

No. 26.] Health. [1985.

12. The provision for and prescription of all matters and things for or with respect to securing the whole- someness and purity of food and the conditions and practices in connection with the sale or preparation, packing, storing, handling, serving, supplying or conveying for sale of food and, without limiting the generality of this clause, for or with respect to

(a)	the cleanliness of premises or other places, vehicles or appliances in, at, on or from which food is sold or prepared, packed, stored, handled, served, supplied or conveyed for sale and fittings, fixtures or appliances in, at or on those premises or other places, vehicles or appliances;
(b)	the provision and proper use of satisfactory facilities for the protection of food in, at or on premises or other places, vehicles or appliances in, at, on or from which food is sold or prepared, packed, stored, handled, served, supplied or conveyed for sale;
(c)	the design and construction of premises or other places, vehicles, appliances, fittings or fixtures used for or in connection with the sale or preparation, packing, storing, handling, serving, supplying or conveying for sale of food;
(d)	the prohibition or regulation of the use of specified materials or materials of a specified class in the manufacture of appliances, fittings or fixtures;
(e)	the clothing to be worn by persons attending appliances or in, at or on premises or other places or vehicles in, at, on or from which food is sold or prepared, packed, stored, handled, served, supplied or conveyed for sale;
(f)	the standards of cleanliness and hygiene to be maintained;
(g)	preventing or minimizing the spread of disease;
(h)	the provision and use of appliances, fittings or fixtures;

(i) prescribing standards for appliances, fittings or fixtures and requiring appliances,

19851 Health. [No. 26.

fittings or fixtures of specified kinds to be approved by the Executive Director, Public Health, and specifying the procedure for obtaining that approval;

(j)	the inspection and testing of appliances, fittings or fixtures and the inspection of premises or other places or vehicles in, at, on or from which food is sold or prepared, packed, stored, handled, served, supplied or conveyed for sale; and
(k)	the provision and maintenance of an adequate water supply and drainage, sewerage, lighting and ventilation facilities in premises or other places, vehicles or appliances in, at, on or from which food is sold or prepared, packed, stored, handled, served, supplied or conveyed for sale.

13. The provision for and prescription of all matters and things for or with respect to food vending machines and, without limiting the generality of this clause, for or with respect to

(a)

the location, surroundings and cleanliness

thereof;

(b)

the mode of construction thereof with particular reference to the provision of means for maintaining cleanliness and operating temperatures;

(c)

maintenance and servicing thereof and the keeping of records in relation thereto;

(d)

marking on or affixing thereto operating instructions, evidence of the currency of registration thereof and the name and address or other particulars of the person who receives or shares in the proceeds of the sale of food therefrom;

(e)

requiring labels or other writings containing specified words, statements, expressions or specified pictorial representations or designs to be affixed thereto or prohibiting the use in those labels or other writings of specified words, statements or expressions or words, statements or expressions having the same or a similar effect or representations or designs of a similar or other specified nature;

No. 26.] Health. [1985.

(f)	regulation and control of the temperature of food contained therein;
(g)	the prevention of the adulteration or contamination of food contained therein;
(h)	the inspection thereof and of their contents;

(i)   the prohibition of the operation thereof and rendering them inoperable whilst in a faulty condition;

(j)	the prohibition or regulation of the sale or supply therefrom of goods other than food or food of any class or description with food of another class or description;
(k)	the prohibition or regulation of the use thereof for dispensing food other than food that they are designed to dispense; and

(1) generally, the control and use thereof.

14. Regulation and control and, if necessary, prohibition and restriction of advertisements relating to food generally or food of a specified class or description; requiring advertisements to contain specified words, statements or expressions or specified pictorial representations or designs or prohibiting the use therein of specified words, statements or expressions or words, statements or expressions having the same or a similar effect or pictorial representations or designs of a similar or other specified nature or of statements, claims, designs, devices or abbreviations of a specified nature.

15. The prescription of the mode of labelling food generally or food of a specified class or description or packages of food generally or of food of a specified class or description; the forms or kinds of labels; the matter to be contained in labels including specified words, statements, expressions, pictorial representations or designs of a specified kind; the printing size, style or colour of any such matter or the nature or colour of the background on which it appears; requiring labels that are specified to be written on or attached to food or to packages of food; prohibition generally as to the matter to be contained in labels and without limiting the generality of this provision of the use on labels of specified words, statements or expressions or of words, statements or expressions having the same or a similar effect or of pictorial representations or designs of a

1985.] Health. [No. 26.

similar or other specified nature; requiring that when food generally or food of a specified class or description that is not in a package is displayed for sale it shall be displayed in conjunction with a label bearing such matter as is prescribed.

16. The provision for and requirements with respect to the seizure, recall, destruction, denaturation or disposal of food that has become damaged, deteriorated, impoverished, contaminated or perished to such degree as is specified or of food of a specified class or description; specifying the circumstances in which food shall be destroyed or denatured.

17. The prescription of modes of making containers, wrappers or other packages or packing materials for food so as to avoid contact with injurious substances; the substances or materials that shall not be used in making containers, wrappers or other packages or packing materials; the minimum size of and the packing required for an article not being food that will be enclosed in a container, wrapper or other package; provision for the requirement that specified food be packed in a specified manner; prohibition of specified modes of packing food.

18. The provision for and requirements as to writings containing specified words, statements or expressions or words, statements or expressions having the same or a similar effect or specified pictorial representations or designs to be affixed to premises or other places, vehicles or appliances used in selling or preparing, packing, storing, handling, serving, supplying or conveying for sale food or food of a specified class or description; prohibition of the use in such writings of specified words, statements or expressions or words, statements or expressions having the same or a similar effect or of pictorial representations or designs of a similar or other specified nature.

19. The prescription of methods of analysis to be

observed in analyses under or for the purposes of

Part VIII.

20. The prescription of methods for taking or otherwise obtaining samples for the purposes of Part VIII and dealing with samples so taken or otherwise obtained; the rates of the payments to be made for sam ples taken or otherwise obtained for the purposes of Part VIII; the number of samples to be so taken or otherwise obtained in specified cases.

No. 26.1 Health. [1985.

21. The signing, giving, serving and enforcement of notices for or with respect to the rectification of acts or omissions that constitute a contravention of Part VIII.

22. The books and records to be kept by the proprietor, manager or person in charge of any premises or other place, vehicle or appliance in, at, on or from which food is sold or prepared, packed, stored, handled, served, supplied or conveyed for sale.

23. The conveyance, storage, distribution, inspection

and sale of food of a specified class or description.

24. Securing the purity of water used in the preparation of food or in any process in connection with that preparation.

25. The provision for premises or other places, vehicles, appliances, methods, processes, packages, seals or closures and sources of water used in connection with the sale or preparation, packing, storing, handling, serving, supplying or conveying for sale of food to be approved by the Executive Director, Public Health, and requirements to that effect.

26. The fees, charges, allowances, costs and expenses payable or to be paid under or for the purposes of Part VIII and the fixing thereof; the matters and things in respect of which they are payable or to be paid; the methods of collection thereof; the manner, time and place of payment thereof; the persons by whom and to whom they are payable, and all matters with respect to the recovery thereof.

27. The forms to be used for the purposes of Part VIII and the particular purposes for which those forms shall respectively be used.

28. The provision for and requirements as to laboratory and testing facilities to be provided in, at or on premises or other places or vehicles where food is prepared for sale and prescription of procedures and facilities to be used for the examination of food and notification to persons prescribed of the results thereof.

29. The manner in which any application, recommendation, report, order, notice, requisition or other document may be proved for any purpose.

30. All matters required or permitted by or under Part

VIII to be prescribed when the manner of prescription

is not stated.

31. In this Schedule

"specified" means specified in regulations made under section 247. ".

1985.] Health. [No. 26.

Third

12. amended in the heading by deleting "THE THIRD	The Third Schedule to the principal Act is SCHEDULE." and substituting the following-	Schedule
amended.

" SCHEDULE 4. (Section 275). ".

13.    (1) A complaint pending before justices ;;fgtsi],;,?:"'

under the former section 202 or 205 immediately before the commencement date may be continued and disposed of under the new section 205 as if that complaint had been made under that new section.

(2) Any by-laws made under the former section 205B or 206 and in force immediately before the commencement date shall be deemed to have been made under section 342 of the principal Act as read with the new section 207 and may be amended or repealed accordingly.

Any right of recovery conferred by the former section 211 (4) and subsisting immediately before the commencement date shall be deemed to have been conferred by the new section 217 (5) and may be exercised accordingly.

(3)

(4) Any by-laws made under the former section 214 and in force immediately before the commence- ment date shall be deemed to have been made under section 342 of the principal Act as read with the new section 220 and may be amended or repealed accordingly.

(5) A qualified person who has been approved and registered under the former section 217 and continues to be so registered immediately before the commencement date shall be deemed to have been registered under the new section 203.

(6) A prohibition of the sale of a patent or proprietary medicine made under the former section 226 and in force immediately before the commence- ment date shall be deemed to have been made under the new section 237.

No. 26.] Health. [1985.

(7) A certificate of an analyst given under the former section 228 may be used for the purposes of the new section 227 as if it had been given under that new section.

(8) A declaration made under the former section 235A and in force immediately before the commen- cement date shall be deemed to have been made under the new section 235 or 246ZA, as the case requires, and may be revoked accordingly.

(9) An order made under the former section 235A and in force immediately before the commence- ment date shall be deemed to have been made under the new section 235 or 246ZA, as the case requires, and may be revoked accordingly.

(10) Any regulations made under the former section 240 and in force immediately before the com- mencement date shall be deemed to have been made under section 341. of the principal Act as read with the new section 246D and may be amended or repealed accordingly.

(11) The State Meat Inspection Account referred to in the former section 240B (4) (a) and every fund

(a)	established by a local authority within the meaning of the principal Act under the former section 240B (4) (b); and
(b)	in existence immediately before the com- mencement date,

are hereby preserved and continued in existence

under the new section 246F.

(12) Any regulations made under the former section 241D and in force immediately before the commencement date shall be deemed to have been made under section 341 of the principal Act as read with the new section 246C and may be amended or repealed accordingly.

1985.] Health. [No. 26.

(13) A licence granted under the former section 241F and in force or suspended immediately before the commencement date shall be deemed to have been granted under the new section 242 and shall, subject to Division 7 of Part VIIA of the principal Act, and to anything done thereunder, continue in force or remain suspended, as the case requires, accordingly.

(14) An appeal pending under the former section 241H immediately before the commencement date may be continued and disposed of under the new section 244 as if that appeal had been made under that new section.

(15) Any regulations made under the former section 241 I and in force immediately before the commencement date shall be deemed to have been made under section 341 of the principal Act as read with the new section 245 and may be amended or repealed accordingly.

(16)

limiting the generality of Part V of the Interpreta-

tion Act 1984.

Nothing in this section shall be construed as

(17) In this section

"former section" means section of the principal Act repealed by this Act;

"new section" means section of the principal Act inserted therein by this Act;

"the commencement date" means the day on which this Act comes into operation.