Pure Food Act 1908 (NSW)
A ct No. 81, 190(S.
| All A ct for sccuriuii,' tlic w liolesoiiiencss and p u rity of food and drugs, and tix ing s tandards to r tlic same ; for ])r(‘vcnting* th e sale or otlun* dis])osition, or th e use of, a rtic les dangerous or in ju rious to healtli : for th e p reven tion of (h‘ee])tion and fraud : to am end th e Pnhlic H ealth Aet, 1902 ; and for ])ur])oses eonsc'- (pient thereon or inchhnital there to . [24/A Dcn'iuhrr, 190S,] | pikki-oo | ,,. |
i' (‘nacted by tlio Kiny's N̂Fost Excellent Majesty, by and -witli tlic advice and consent o! tbe Legislative Council and Legislative
Assembly of New Soutli Males in Parliament assembled, and by the aiilliority of the same, as Follows :—
1’APlT t.
PjlELI.MINAnV.
1. This Aet may be cited as the “ Pare Eood Act, 1908," andshovt title,
| sball be construed with tin'Public llt'altb Act, 1902, liereinaftei- calb-d | . | , | 1 | 1 | 11 | • | I | 1 | > | 1 | eomniciicement. |
the Principal Act, and shall come into lorce on the First day oF July,
| one thousand nine hundred and nine. | 2. |
192 Act No. 31, 1908.
Pure Food.
| Division of Act into | 2. This Act is divided into Parts, as follows :— |
| Parts. |
PAET I.—Pkeliminauy—as. 1-9.
PART II .--PllOIIiniTKD ARTICLES—ss. 10-21.
PART I I I .—Ixsi’EClTON AXD ANALYSIS—SS. 22-35.
PART IV.—Offences anb legal procebure—ss. 36-50.
PART A".—General anb supplemental—ss. 51-55.
Repeals.
| Repeal. | 3. Section three, so far as it defines “ food,” and sections seventy-six to ninety-three inclusive of the Principal Act are repealed. |
Definitions.
| Interpretaion. | 4. In this Act, nnless the context otliervvisc requires,— |
| Principal Act, |
| 8s. 70 and 79 ; | “ Appliance ” includes any instrument or contrivance which is |
| PiireFood Act(Vic.),9. 3. |
| Appliance. | held out to any person or to the public as of use for curative |
| . | purposes. |
| Article. | “ Article ” includes any substance, compound, or appliance. |
| Authorised. | “ Autliorised ” means authorised either generally or specially in writing by tlie board, and when referring to an officer of a local authority means so authorised by such local authority. |
| Board. | “ Board ” means Board of Health. |
| Council. | “ Council ” means council of a municipality or shire. |
| Drug. | “ Drug ” includes medicines for internal and external consumption or use by man, and soaps, dusting powders, essences, and unguents used by m an; and disinfectants, germicides, anti septics, and preservatives used for any purpose. |
| Food, or article | “ Pood,” or “ article of food,” means article used for food or drink by man, and includes confectionery, and any article that enters into or is used in the composition or preparation of food, and any spices, flavouring substances, essences, and colouring matters so used. |
| of food. | |
| Local authority. | “ Local autliority ” means council of a municipality or of a shire, and with respect to any police district outside a municipality or shire means such nnmiber of the police force as may he appointed by the hoard under the Principal Act to be a local authority. |
| M unicipality. | “ Municipality ” includes the city of Sydney. |
| Officer. | “ Officer ” includes any medical officer of health, assistant medical officer of health, officer of the hoard or of a local authority, or any superintendent, inspector, sub-inspector, or sergeant of police, or any constable specially authorised by the Inspector-General, or by any superintendent of police. |
| Package. | “ Package ” includes anything in or by which goods are cased, |
| covered, enclosed, contained, or packed. | “ Place ” |
| Act No. 31, 1908. | 193 |
Fure Food.
| “ Place” includes any house, promises, or building. | riaco. |
| “ Prc'scrilied ” means pi‘cseribed by this Act or the regulations. | rrcscribjil . |
“ Prohibited article” means artieb', tbe manufacture, sale, or user™iiibiteaurUde.
of, or other dealing with Avbicb in ils then state or condition is prohibited l)y tliis Act, or the regulations, cither absolutely or conditionally.
| “ Regulation ” means regulation made under this Act. | Eoguiiition. |
| “ PtC'tail trades” sball mean trading with the consumers. | itetaii trades. |
“ Selling” “ Sale” and “ Sold” art; to be construed in relation to Saio.
tbe definition of the expression “ To sell.”
“ To advertise” means to publish in a newspaper or public p r i n t To advertise,
(tirculating in New South Wab's, or to publish by distributing through tbe post olTlct', or otherwise, band-bills, circulars, posters, or other written or ])rinted matter.
“ To sell,” includes to barter, and also incliub's to olTer or attempt To sdi.
to sell, or receive for sale, or have in possession for sale, or exposi' for sab>, or send forward or deliver for sale, or cause or sulb'r or allow to be sold, olfeii'd, or exposed for sab', but refers only to selling foi' consumption or use by man.
| “ Writing.” | Expressions referring to writing include ])rinting. W riting, |
stencilling, typing, and any mode of representing or
reproducing Avords or figures in a visible form.
6. Eor tbe purposes of this Act an article of food or a drug is .Adulteration or faUo
| adulterated or falsely dt'seribed— | p'’*'” | t |
| (a) Avbcn it contains, or is mixed or diluted with, any substance s.'u't. | ’ |
in any quantity or in any proportion which diminishes in u.s.a. Pure Food.s undetcriorated or sound condition ; or
any manner its food value or nutritive propertitts as compared
| (b) | Avben it contains or is mixed or diluted Avitb any substance of lower commercial A'alue than such article in a pure or normal state, and in an undctt'riorated or sound condition ; or |
| (c) | when, t'itber wholly or in part, it does not comply Avitb a standard therefor prescribed by any regulation; or |
| (d) | Avben it contains any substance prohibited by tbe regulations ; or |
| (c) | when it contains any substance concerning which any restrictive regulation has been made in excess of any quantity or proportion jiermitted by such regulation; or |
| (f) | Avben it is mixed, coloured, powdered, coated, or staini'd in a manner Avliendiy damage or inferiority maybe concealed ; or |
| (g) | Avben it consists Avbolly or in ]iart of a fiitliy, decomjiosed, or putrid animal or A'egetablc substanei', or of any portion of an animal unlit for food, wbetber manufactured or not; or |
| (b) | when it is tbe product of a disi'ased animal, or of one Avbicb has died otherwise than by slaughter ; or |
| N | (i) |
194 Act No. a i, 1908.
Vnre Food.
(i) Avlu'ii it is (lamaiicd, (l('t(a'ioi'ato(l, or perished; or
(i) wluMi any valuable constituent of the article lias been wholly or in part abstracted ; or
| (k) | Avbcn it is in any ]Aacka2:e, and the contents of the packap;e as oriiiinally put up have been removed in Avbolc or in jiart and other contents have been placed in such packaj^e, or if it fails to bear on the ])acka”’e, or on^a label attached thereto, a statennmt of tlic quantity or jirojiortion of any inorjihiru', opium, cocaiiu', hi'roin, alpha or Ix'ta encaiiu'. chloroform, cannabis indica, chloral liydrate, or aci'lanilidc', or any derivative or ])repara1ion of any such substances contained therein, or any other substance spi'cihed by the regulations as ncci'ssary to be so stated ; or |
| (l) | wben it is in package form, and the contents are stall'd in terms of Avcight or measure, and tbeyare not correctly stated on the outside of such package as provided hy this Act; |
| (m) | when it is in jiackage form and the ])ackage, or any labi'l attached thereto, hears a statement, design, or device regarding such article of food or drug-, or tlie ingri'dii'iits or substance containi'd therein, A\hich is false or misleading in any particular: |
ProA'ided that in a prosecution or other jirocceding under this Act for selling an article of food or a drug to which ])aragraph (a) or paragraph (li) applies, such article or drug shall not be deemed to be adulterated or falsely described if it is sold as a mixture in accordance Avith the provisions of this Act :
Provided further that uotbing in this Act shall be construi'd as
requiring propi ietors or manufacturers of proprietary foods or drugs
Avhich contain no unw holesome added ingredient to disclose their trade
formuhu, except in so far as the provisions ol' this Act may require to
secure freedom from adulteration or false description.
Adcisoi‘11 commiltee.
| Advi.̂ oi-y (ODniiiuci'. | 6. (1) Till' GoA'cmoi’ shall appoint, for the jnirposi's of this |
| PiireFood Act | Act, au ailvisoi'y committee. Such committi'c maybe so appointi'd |
| (Vie.), 8. 40 . | ti'om the following persons:— |
the president of the Board of Health, Avho shall preside; tlu' proh'ssor of clu'mistry in the Pniversity of Sydney ; a hacteriologist ;
a legally qualified medical practitioner ;
the medical officer of healtli, metropolitan combined sanitary
districts ;
the senior analyst in the Department of Public Health ;
| a ri'prcseutative of the Phanuacy Board; | a |
| Act No. 31, 1308. | 195 |
Pure Food.
a roprosentalive of the Cliamlx'r of Commerce;
a represenialive of the Chamher of iManufaetures ; and
pei'sons not less tlian om* nor more than tlirec' in number conversant
Avitli trade lA'quireimmls.
| (2) | Till' persons so apjiointed shall act for no longer period than |
two years from thi' date of their a])|K)intment, hut may he reappointi'tl.
(d) Any member of the eommitti'e may he ri'inoved hy the
Governor on tlu' recommi'ndation of the hoard.
7. (1) At all nu'i't im;’s of tlu' committee the chairman shall have i’ro™<im-e at
a vote, and in tlu' (‘AU'nt of an e'laalit v of voti's a si'cond or castiim' vote,
(2) Any tiv(' nuMul)(n*s oT tlu‘ coiniuittoe shall constitute a i*,,,.,. ôod Act
| (piorum. | s. 4u. |
(d) 'I'lii' Go\-ernor may make regulations relating to thi'
meetings of the comniitlce.
| 8 . d'lu! mi'inhers of the committee, othiu'than those employt'd in the ])ul)lic scrvici' shall hi' ]>aid atti'iidance fees of such amount as may he prescribed hy ri'gnlations, but such i'ees shall not exceed tAvo guineas per memher jier sitting. | "i' |
| A dm in intro lion | o f A d . |
9. Tlu' administration and the enforcing of the provisions of A.imiiiistration of
this Act shall primarily he the duty of the Jdoard of Ifi'nlth, hut may,
hythe dirifction of tlu' Govei'uor, hi' left in any case to the local
| authority, Avho shall, however, be subject to the proA'isions of section | ■ |
| twentv-i'our of the Public Health Act, 1902. |
PAET II.
PrOH I BITKl) ARTICLES.
| Sale o f food and drujs. | . |
10. No person shall sell any article of ibod or any drug Avhich Aauitrriit«i food,
| is adulterated or falsely desci'ihcd, or Avhich is packi'd or enclosed for cia/., s. 3.a | . |
| sale in any manner contrary to any provision of this ^Vct. |
| 11. (1) No person shall for ])urposes of sale— | Aiiximr food or drugs |
| (a) | material Avith any artich; of food, or colour any such article, priuriiKd Act, s. sr. |
mix, or cause or ])crmil, to biA mixi'd, any ingri'dient or case to render such artich' dangerous or injurious to health ; or
| (h) | mix, or cause or ])crmit to b(' mixed, any ingredient or material witli any drug, or colour any such drug, or cause or permit thi' sami' to h(' coloured, so as to atl'ect injuriously the (piality or poti'iicy of such drug. |
(2) Mo ])('rson shall sell any food or drug- mixed Avith any sdiing food or drugs
such ingredient or material, or so coloured as afoi-esaid, Avhereby such food or drug is n-ndered dangerous or injurious to health, or Avlierclty
| its quality or potency is injuriously alfected. | 12. |
| 19G | Act Xo. 31. 1908. |
Fure Food.
Mixing or selling
| food to increase | 12. (1) Ko person shall—- |
| bulk. | (a) for purposes of sale, mix, or cause or permit to lie mixed, any ingredient or material with any food or drug in order thereliy fraudulently to increase its weight, bulk, or measure, or to conceal its inferior quality; or | |
| Principal Act, s 88. | ||
|
(2) Xo person shall—
| Selling food or drugs | (a) sell any food or drug which is not of the nature, substance, |
| not of (he nat ure |
| demanded. | or quality of the food or drug demanded by the purchaser; or |
| (b) | sell any eom])onnd('d food or drug which is not composed of ingredients in accordance with tlic demand of tlie pureliascr. |
| As to defences. | (3) In any prosecution under this section it sliall bo no di'fencc to jirove that the food or the drug, the subject of the prosecution, though defeetivc in nature, or in substance, or in quality, Avas not defeeth'i' in all three respects. |
| P rugs to coin]>ly | (4) l\)r th(' purposes of this section, any drug sold under |
| with tests s})ecilied |
| in tlie British | any name included in the Jlritish Pharmaeopana Avhieh doi's not comply |
| Pharnuicopieii. | Avith th(' description gi\en of and firsts prescribed for such drug in the |
| Ibid., s. 91. | latest edition, Avith amendments, of the British Bliarmaeojiieia shall, unless such drug be included in a list of exceptions publislied in the Gazette, under the authority of the IMinister, be deemed to be a drug Avhieh is not of tlu' substance of the drug demanded by the jmrehaser. |
| Sale of niixl ure. | 13. (1) AVliere any person sells a food or drug AA'hich is a |
| See Ibid., s. S9. | mixture, the ingredients shall be pure and in an imdetiniorati'd and sound condition, and such ])erson shall ileliA’cr the mixture to the |
| purchaser in a pai'kagia on or attaehi'd to aaIucIi shall be a statement | |
| or labid, legibly and uniformly Avritten, stating that the food or drug is a mixture, and t he naini's of the ingredients, and AA’hen the mixture is a food, the proportions of ingredients Avhen so prescribed : |
ProA'ided that it shall not be neccssaiw so to attach a statement
or label in the case of—
| (a) | an article of food or a drug generally knoAvn to users as a compounded article or a drug not recognised by the British Pharmacopoeia mixed Avith any matter or ingredient not injurious to health, and not intended fraudulently to increase its bulk, Aveight, or measure, or to conceal its inferior quality ; or |
| (b) | a drug supplied by ]U‘eseription or order signed by a legally qualified medical pmetitioner for any person then under his care and treatm ent; or |
| (e ) | mixture exempted from this section by the regulations, |
whicdi exemption may be applied to classes of articles ; or
| (̂ 1) | a mixture supplied by a registered pharmacist for immediate | |
| ||
|
Pure Food.
(2) No person sliall sell any food or drug ivliicli is a mixture in ri'speet of -wliich the jirovisions of this section have hcen contravened, or have not been complied with.
Food in packages.
14. (]) Except in tin' case of a package of food which has lUck.agcs to bo
Ix'cn exempted from anv or all of the provisions of this section hv the the ilegistration of Eirms Act, 11)02, the address of sueli company or firm may he omitted. No person .shall, after the expiration of six months from the commencement of this Aet, sell in a jiaekage any food unless such a statement or label is written on or attached to such package as recjuired hy this section.
regulations, there shall he legibly and durably ivritten on or attached io., of contents,
to every package of food packed or enclosed for sale a statennmt or rme Food Act
label indicating the trade name or description, the net wmight or tluv
nurnhttr, true measure or volume of tlie contents thereof, and the name
and address of the vendor or the maker tliert'of, or of the agent therefor
or tlie owner of rights of manufacture : h’rovidt'd that where such
vendor, maker, agiait, or owner is a comjiany rc'gistered under the
(2) In the ease of any licpiors ]>aying excise or customs Liquor̂ ,
duty, the measures set forth in any Act dealing with such licpiors shall h<‘ held to satisfy the re(|uirements of this section in regard to measure.
(d) IVi'ights and measures closely approximating those Api)roxiiniito
| indieatc'd on the statement or label will he allowed, but the degn'c of | • | j* | 1 | /• | 1 | 1 | 1 | ̂ | ~ii | moasluvd. |
| a])])roxiinatioii may | lixed by the regulations, either generally or |
Avith respect to particular articles of food.
15. Whore any food or drug in connection rvith whicdi 1 here niabiiitv of por-son is a contravention of any of the provisions of tliis Act is sold in "•'•med on package, a closed package to any officer, any yu'rson who appemrs from
any statement or label therc'on, or attacdicd tliercto, to have imported, manufactured, or jirepared such food or drug, or to have enclosed it in such package, shall, unlc'ss he proves to the contrary, he deemred to have so imported, manufactured, ])repared, or enclosed such food or drug, and (unless the contravention is shown to he due to the dcd'ault of the person on whose jiremiscs the yiackage is found, or to deterioration or other causes beyond the control of the pc'rson named on the paedvage or label) shall he guilty of an offence against this Aet.
Adcerilsed arliclcs.
16. (1) The hoard may, and on the recommendation of the kAnminntio:i and
advisory committee shall, cause to he examined any food, <ii'ug,
or appliance wdiieh is advertised, for the purpose of ascertainingadvcktisiU.
its composition and properties, and shall compare the results of the
examination
198 Act No. 31, 1908.
Fnre Food.
examination with any advertisement which relates to tlie food, drug, or appliance, and with the price at which it is sold, and shall prepare and forward to tlie Minister a report upon the -whole matter, Avhicli may include any comment which the hoard thinks desirable in the public interest.
(2) The hoard may ihereupon, with the approval of the Minister, cause thi' report to he published in the Gazette', and in any newspaper or public print which circulates within New South TVales, aud to he distributed among the jmhlic in any other way, and no action shall lie in respect of such publication.
(3) Any proprietor or manager of a newspaper or public ])rint may republish theri'in any such report whicb has been published by the board as aforesaid, and no action shall lie against such proprietor or managi'r in res])cct of the republication.
| Proiiibition of sale of | 17. (1) Tlic Govci’iior, Oil tlic rccommcndation of the board, Gazette, and in any newspajier circulating in New South "Wales, prohibit, after the date therein mentioned, the advertising or sale of any food or drug or apjiliance which, in the opinion of the hoard or of the said judge, is injurious to life or health, or which by reason of its inactivity or inefficiency is useless for tbe advertised purposes of cure. |
| appHaoreŝ ™”* | ^ | District Court judge on appi'al, may, by notification in tbe |
| Advertisement. | (2) No persoii shall advertise or sell any food or drug or appliance in contravention of any notification as aforesaid, and no proprietor or manager of a newspaper or other public print shall publish any advertisement piohihited under this section, and no person shall print any such advertisement. |
| Siiviiig. | (3) Proi'idt'd that the prohibition shall not apply to the advertisement in bona fide trade journals and price lists of drugs by |
| ' | or on behalf of manufacturers to the retail trades only, nor to the sale of drngs supplied hy prescription or order signed by a legally qualified medical practitioner, and by him given to any person then under his care and treatment as such practitioner, or to any other person on his behalf. |
Disinfectants and preservatices.
Prohibition of sale
| of disinfectants and | 18. (1) The Governor, on the recommendation of the Board, or of a District Court judge on appc'al, by notification in the Gazette, may prohibit the sale of any substance or compound as a disinfectant, germicide, antiseptic, or ])rcservative. |
| preservatives. |
(2) No person shall sell any substance or compound so
prohibited.
| Labelling of | 19. (1) Tlie board, by notification in the Gazette, may require |
| disinfectant. | concerning any substance or compound sold or intended to be sold as |
| Aet No, 31, 1908. | 199 |
Vufd Food.
a disinfectant, vermicide, antiseptic, ov preservative, that sucli informa tion or (iii'ections as it de('ins iit slinil i)e set out on a statement or iahel \\ ritteii on oi' attaclied to any package containing the same.
r2) Xo pf'rsou siiali seii any such substance or compound
unless sueli iul'ormation or directions are set out as aforesaid.
Appeal.
20. Any person deeminy; liiinsell’ aggric'ved l)y any report or Appeal,
ri'comnu'ndation of tlie lioard iindi r section sixtinm or si'ction seventeen or si'ction eigditecm may appeal therefronr to a District Court judatc, who may hear and delorinine such appeal, and may vary the report or recommendation or rescind tli(> .sanu' and niaki' a fresh report or recommendation. Xo siudi report shall he puhlisluMl or prohibition
| made pendim; smdi appiaal. | Siudi hearinr^ may he in private. |
The Govi'rnor may make ri'i^ulations prescribing in what cases and to whom notice shall 1)(> <>-iven of any such ri'jiort or recomineuda- tion of the board, aud regulating' appeals under this section.
Milk.
21. (1) X'o person shall sell for the food of man the milk of Sale of milk of
a cow in his milking herd which is sulTering from any disease.
(2) The fact that a diseascvl cow is in the milking-herd of Evidence of sale of
a ])crsou who sells milk shall lie ])rima facie evidence that the milk of'"’"'
| such cow has been sold lor the food of man. | ■ |
| (3) The (lovernor, on recommendation of the hoard, may di'clare from time to tinu' what are diseases in cattle for the purposes of this section. |
PART III.
I nspection and analysis.
losptecllon and removal of food, drugs, or articles.
22. (1) Any olhcer may enter and insjiect any place which he Entry and inspection
has rt'asouahle ground for believing is kept or used for the sale, storage, dt'livery, conveyance, manufacture, or ])reparation for sale of any article used, or which he has reasonable grounds for believing is is: o, s. .ii!.
intended to lu' used, as a food or drug; or which he has reasonable grounds for believing is a prohibitt'd article; and may inspect any such article: Provided that where sueh offleer is an offieer of the
hoard
200 Act No. 31, 1908.
Pure Food.
hoard or of a local authority, or is a memh('r of the ])olice force, he must have the authority in writing of the hoard or of the loeal authority, or of the Inspector-General of Police, as tlic case may he. Such authority may he general, or may he limited to a sjiecilied place.
| Time for entering | (2) When any sucli article is usually sold, delivered, |
| and inspection. | conveyed, manufactured, or prepared for sah' during the night, such entry and inspection may he made at any reasonahlc time in the day or night; otherwise, such entry and inspection shall only he made at a reasonahlc time in the day. |
| Inspection of articles | (3) | Any officer may inspect any article usial, or which he has |
| conveyed through |
| streets. | reasonahlc ground for hclieving is intended to he used, as a food or |
| P u re Food Aet | drug, or which he has reasonahlc grounds for lielieving is a prohihited |
| (Vie.), 8S. 4, 5. | article, and which is heing conveyed through any ])uhlic street or road, or conveyed hy water in any vessel or boat, or hy railway, for the purposes of trade, sale, or delivery. |
| . | (4) Where the officer is an officer of a local authority, his |
powers under this section may he exercised within the area of the local authority, and on any part of a road, river, stream, or watercourse, the centre or middle line of which forms a common houndary hetween such area and any adjoining area.
| Examination, | (5) Any ollicer may— |
| seizure, and |
| destruction of | (a) examine and open any such article or any package enclosing remove for examination or analysis portions or samples of any such article ; |
| articles. | the same in any such place, or conveyed as aforesaid; |
| Ihid. | (h) | |||
|
| Summons. | (G) Any justice may thereupon grant a summons calling |
| See Principal Act, |
| s. 85. | upon the owner of the article, or the person in whose possession it has hcen found, to a])pear before any police or stipendiary magistrate, or any two justices in petty sessions, to show cause why the article and the package or vessel aforesaid should not he forfeited and destroyed. |
| Proceedings upon | |
| sucii sumnmns. | (7) Upon the said owner or person so appearing, or if after heing so summoned he fails to appear, the said magistrate or justices may, after inquiry into the matter, and if satisfied hy reasonable proof—■ |
| (a) | that the article is used or is intended to he sold or used as food, aud Avas unlit for human consumption ; or | |
| (h) | that the article is used or is intended to he sold or used as a drug, and Ai as unlit for use, or might, if sold to a purchaser and used hy him in a proper manner, injuriously aifect him ; | |
|
| Act No. 31, 1908. | 201 |
Fure Food.
(c) that the article is a prohibited artich;';
adjudge sucli article, and also every such package or vessel to he
iorfcited, and the same shall be destroyed.
In default of such reasonahlc proof the article and the said package or vessel shall he forthwith restored to the owner or person in whose possession they rvere found.
(S) In every such proceeding the presence of food in any Evidence,
place shall he evidence that such food was intended to he sold or usi'd for human consumption ; aud tlie pri'sencc of drugs in any place shall he evidence that such drugs wi're intended to he sold or used.'
(9) Tliis section shall, without restricting its goiieral
| .application, extend and ajiply to articli's [jacked, hotth'd, or tinned, | ,v,.t |
| sold or offered for sale, or made up or included in or iirepari'd or (vic ), ss. 4, cooked for any meal to he consumed on the premisi's at any shop, factory, eating-house, licensed house, or any place or premises or elsewhere. |
Furchasc of sionplcs for amdysis.
23. fl) On pavment or ti'udcr to anv person selling or m a n u - t o iicmand,
| ( » ! • | • | / | ’ | I | / * 1 1 | 1_ | M Itt i, U | jIKI luiiL |
lacturing or jireparing tor sale any tood or drug, or to Ins agi'iit or
| servant, or to any person in charge of the food or drug, of the current | i3. |
market value thereof or at the rate of [inymeut prescribed, any officer s.-.' Principal Act,
may demand and select and take or obtain sam[)les of the said food®'̂ ''̂ ’
or drug .as required hy him for the purposes of this Act.
{'!) Any such ollicer m.ay reipiire the said person or his .agent or servant to show and permit thi' inspi'ction of any jiackage or vessel inAvhieh such food or drug is at the time ki'pt, and may taki' or draw, or may rec[uire the said person to take or draw, therefrom the sani[)les demanded :
Provided that Avhere any food or drug is kt'pt for retail sale in .a closed package, no person shall he requiri'd hy any ofliccr to sell less than the whole of such package.
(3) If any rates have hcen fixed hy regulation for the payment for samples of any food or drug it shall not he necessary for any officer to tender any higher [irici' for sueli samph'.
(Id Any person may, on payment of the prescribed fee together Avith the cost of the samjde, require any officer to purchase a sample of any food or drug and submit the same for analysis.
Frocednre on taking sample.
24. (I) The person purchasing or the ollicer taking or obtaining .\r;mncr in wiii.ii
any food or drug Avith the intention of submitting it to an.alysis sliall
thereupon notify such intention to any person then present, being the principal Act, s. so.
OAvner or his agent or servant or other person in charge of such I’ood
| or drug. | (2) |
202 Act No. 31, 1908.
Fure Food.
| Dirision of sample. | (2) Tlie said jiei-son or ollicer shall divide any sucli I'ood or driu>' into three parts, to lii' tlicn and there separated, and eacli jiart to he lahelled or marki'd .and siaali'd or fastened u[) in sucli manner as its nature will permit, and shall then deliver one of tie- said [larts to the owner, agent, servant, or person aforesaid, and shall retain one of the said parts for I'utiire comparison, and suhmit the third part to an analyst. |
| package is |
| W here quantity in | (3) Provided that ivlien any food or drug is contained in a |
| insttfiicient for | hottle, tin, or otlier ])aek:ig(' in such quantity that its division into |
| analysis. | three parts, as liereinhefore Yirovided, would furnish parts insulhcient for accurate analysis, additional bottles, tins, or package's whic'i puiqiort to contain a similar food or drug under the same brand nr label, may be taken or obtained, and the contents of tivo or more bottles, tins, or imekages may hi' mixed togethi'r and the mixture divided and submitted for analysis as hereinbefore provided. |
| Forwarding of | 25. | Where the ])e!'son jmrehasing or the ollicertakes or obtains |
| sample by j)Ost. |
a sample of any food or drug in a locality which is situated outside a radius of fifteen mill's fi'om the General Post OHice, at Sydney, such sample may he forwarded to an analyst through the po.st ollice, as a registered article, im may he forwarded under seal in any other convenient Avay, in which case thi' certificate of the analyst that, on receipt hy him, the seal was unbroken shall be sufficient evidence of identity. Any charge for postage or carriage shall he deemed one of the expenses of the analysis.
Aiudjisis bij dirrdio)i of comicUs.
| Councils to subinii | 26. The boai'il may require any council to suhmit for analysis food or drugs for each thousand jiersons of the population of its area. The articles to he so submitted for analysis may from time to time he specified by the board on ' the I'ccomniendation of the advisory committee. |
| siunpies for analysis, | cacli year not less than three samples or portions of articles of |
| (Vi(b,s?i7V |
| ' | dppoinlment of anaJijsIti. |
Appointment of
| analysts. | 27. The Govi'i'uor may ap])oint persons to be analysts, and may make regulations concerning their qualifications, and shall pri'pare a list of analysts and annually r e v i s i ' sucli list. | |||
| Analysts of local | ||||
| authorities. |
|
The
| Act No. 31, 1308. | 203 |
Pure Food.
The iuiah/sls.
29. Any analyst analysing any food, drag, or article submitted Ccriifieate of analyst
to l i i inin ])ursuance of this Act may giv(‘ a certificate in tlic form
| prescrillcd of the result of the analysis. | Principal Act, s. 82. |
| In any h'gal ])rocccdings under this Act the production of a certiiicate, purporting to he signed hy an analyst, shall hi' prinia facie evidence of the identity of the food, drag, or article analysed, and of the result of the analysis, without proof of the signature of the person ajipcaring to have signed the same. |
30. "Uyiere any method of analysis has hcen prescrihed for the C''rt>ficaic of
analysis of any food, drag, or article, any analyst, either for the
| prosec.'ution or (l(Mcncc in any proia'edini^s under tins Act, must in Ins | s. 19. |
| certiiicate of analysis declare that he has followed the prescribed method in his analysis. But evidence shall he admissible on the part of the defence of analysis made hy other than tlie proscribed method, and to show that the prescrihed ini'thod is not correct. |
31. Eor the ])urpose of determining the degree of strength Mode of detcnnining
| of any spirits, such apparatus shall ho used and such method o b s e r v e d l i q u o r s . | *1 | * 1 1 | d. Oldw |
as may be prescribed.
32. Any analyst who olfends against any of the provisions of Disqualification of
this \̂.ct, or of the regulations respecting any method of
pri'scrihed, may, if the hoard is satisfied that the offence has hcen
wilfully committed, he disqualified by the hoard for appointment as an
analyst for such period as the hoard thinks tit.
33. (1) Where the prosecutor, in any case under this Act, has Costs of analysis,
caused the food, drug, or article forming tlic subject of prosecution Pi'i'cipui Act,s. 8.i.
to he analysed hy au analyst, tlii' court may, in case of a conviction,
assess the reasonable exjiense of and attending such analysis, and award
the same against the defendant as part of the costs of the yirosecution :
Provided that before the making of such analysis the person prosecuted has had reasonable notice of the time and ydacc of the intended production of tlie food or drag to the analyst for examination with the name of such analyst, and has hcen allowed to attend on such production.
(2) The court may also, in case of any conviction under this Act, assess and award against the defi'iidant as part of the costs of the prosecution the expense's incurred by the prosecutor in travelling to and attending the trial, including thi' proportionate part of his salary while so engaged.
34. A copy of the result of any analysis of any food, drug, or Copy <>f result of
article taken or obtained hy the person purchasing or an officer shtill, ■'""h'''"-
| on demand, he supjilied by the hoard, oi'the local authority which has | '""9 ' |
| caused the analysis to he made to the person from whom the food, drug, or ilrticlc was taker or ohrained, and to the manufacturer or his agent in New South Wales on payment of a fee, to he fixed hy the hoard or such |
| authority, not exceeding ten shillings and sixpence. | 35. |
204 Act Xo. ;!1, 190S.
Fure Food.
| Analysis not (o be | 35. No ppitsoii sluill, for ti’adc iturposos or advertisement, use | |||||||||
| referred to for trade |
|
| purposes. | anv analvsis made lor the purposes ot this Aet. |
| Any person avIio contravenes this section sliall he liable to a penalty not exceeding' ten pounds. |
PAllT IV.
Offkxces and legal I’ROCEnmiE.
Fenallies.
Penalty for olfence
| against this Act. | 36. (1) If any person contravenes or does not comply with or ])cnalty is by this Act expressly provided in that hehalf, he shall bo liable on conviction for thi' fir.st offence to a penalty not exceeding twenty pounds, and for a second otfimee to a penalty not exceeding liffy pounds, and for any siibseipient oifence to a penalty not exceeding one hundred pounds. |
| P u re Food Act | is guilty of an oirencc against any provision of this Act, and no other |
| (V ic.\ s. ;JG. |
| Imprisonment in | (2) IVliere a jierson is found guilty of an offence under this |
| certain cases. | Act, and if the eertitlcate of thi' Govcriiim'iit analyst states tliat tlie adulterated article has boon so adulterated as to be injurious to healtli, or if the offence, in tlii' opinion of the court, was committed wilfully or by the culpable neifligencc of the person accused, that person shall be liable, in addition to or in lien of sucli penalty (if tlie court is of opiiwou that a pi'iialty will not meet the circumstances of the ease), to imprisonment, with or without hard labour, for a period not exceeding six months. |
| Interference ^^ith | |
| otTicial marks or | 37. If any person, who is not authorised so to do, removes, any officer upon any food, drug, article, or package, or upon any door or opening affording access to the same, be sball be liable to a penally not exceeding twenty pounds. |
| seals. | erases, alters, breaks, or opmis any mark, seal, or fastening placed by |
| Ihid,, s. 10. |
38. Any person wlio—
| Obstruction of | (a) assaults, intimidates, obsfrnets, or attempts to obstruct in any |
ollicer in discliHrge
| of liis dut ies. | manner any officer or antborisel person in tbe exercise of | |
| Ihid., 3. 14. | his powers or in tbe disehani'C of his duties under tin’s | |
|
| (b) | refuses to allow to be taken any sample demanded in accordance with this Aet or the regulations; or |
| (e) | gives, procures, offers, or promises any brilie recompense or reward to inllnence any officer or person as aforesaid in tbe exercise of his powers or in the discliargo of his duties as aforesaid; or |
(d )
| Act No. 81, 1908. | 205 |
Vure Food.
| (d) | retakes or attempts to retake any food, dru", or article seized or sold under this Act, or i'('sists or attempts to prevent such seizure, |
shall he liable to a penalty not exceeding twenty pounds.
Forfellnre.
39. (1) In the case of any conA’iction under this Act, any Forfeiture of m-tiHos
| food, drug, or article to which tin; conviction relates may, by order of"f food of | Pur(‘ Food Act |
| the court, become and be forfeited to llis Majesty. | Such forfeiturt' | e. 88. |
may extend to the Avliole of the article, and to the Avliole of any similar article, and to all packages or vessels containing any similar article belonging to the defendant, or found on the defendant’s ])remises, or in his possi'ssion at the time of the committing of tbe oifence.
(2) All articles forfeited under this Act shall be disposed of
as the board may direct.
Legal proccchn'e.
40. I’enalties and forfeitures imposed by or under this Act or Hcunverv of
tlu! nfgulations may be recovered and enforced in a summary way by a stipendiary or police magistrate or any two justices in petty sessions.
41. AVhen any food, drug, or article has been taken or obtained LiTuit of time for
for analysis, no prosecution under this Act in respect thereof shall
| b(! instituted after the expiration of fifty days from the time Avhen it | ' |
| Avas so taken or obtained. |
42. In any prosecution concerning any food, drug, or article, Ketum iiav of
the summons sliall not be made returnable in h'ss time than ton days
from the day on Avbich it Avas served.
43. In every prosecution concerning any food, drug, or article, Coiiy of a im g n ’s
there shall be served Avith the summons a copy of any analyst’s
| certificate that may have been obtained on behalf of the prosecution. | ’’ ' |
44. AA'liere any sample of any article of food or drug for sale Fosi.ossion prima
]n’ocured by any ollicer has been jAroved by analysis to have been
adulterated or falscdy described, and an otTlcer has in pursuance of .a u .
| this Act seized, marked, fastened or secured such article in any jdace, | 9. |
| proof of tbe possession by any ]>crson in such place of such article sball be deemed prima facie evidence that the sanu' is in his possession for sale in contravention of this Act. |
45. Ko Avitness on behalf of any prosecution under this Act Soinw of
sball b(‘ compelled to disclose tin' fact that he received any information,
| or the nature of such information, or the name of any person avIio gave | ̂ ̂ |
| such information. No officer ap])earing as a Avitness shall be comyiellcd to produce any reports made or received by him conlldentially in his oilicial capacity or containing confidential information. |
46. The onus of proof that any food or drug has not been Omi.s of proof,
| sold for consumption or use by man shall be on the defendant. | s. 37. |
Guarantee.
206 Act No. 31, 1908.
Tin'c Fo(;(l.
| ' | G aorauler. |
| Guarantee a defence | 47. (1) Wliore aftor tlio tirst (lav ol' !Dec('mbor, OIK' tliousand nine limidml and nine, any person is ])ros('cnted tinder this Act for the sale of any food, drin^, or article which is adulterated or ftilsely descrihed, or is mixed, coloured, com])osed or constituted itt contraven tion of any provision of this Act, he slutll he entitled to he discharged from such prosecution upon proving— |
| to prosecution. |
(1) that he has received fi'om the pt'rson from w hom lit' purchased such food, druu', or article, or his duly authoristal agent, a guartmtee in writing that the same is not adulterat(;d. falscdy (lescril)ed, or mixed, coloured, composed, or constituted as aforesaid ; and
(2) that he had no reason to Icelievc' that the same was adulterated or falsely descrihed ; aud
(3) that he sold it in the same state as when lu' purcdia.'cd it,
subject to the following conditions :—
| (a) | The person giving the guarantee must he resident in Acnv South ATales, or. if a company, must have a rc'gisterc'd otTice in Xe\v South At'ales. |
| (h) | The guarantee must state the name and the address of the place of business of guarantor, aud the name under which he trades. |
(c) A guarantee may he general or specific.
| (d) | A general guarantee shall apply to the sale of the description of goods or classes of imods named therein, and a copy of the same shall hc' tiled in the Trc'asury. A scnaal numhc'r shall he allottcal to each such guarantee, which nuinher shall he placed hy tlu' guarantor on caacdi package of such goods sold hy him, with tlu'words “ (Juarantecal under the Pure | |
| ||
| (e) | A spc'cilic ifuarantc'c shall a])])!;,' to the sale of speadtic goods, and shall refei' to a hill ol' saha invoice', hill of lading, or other document descrihing the goods and the weight, measure;, and number e>f the' same, hut shall not he available as a defence unless the de'fendant has, within seve'ii days afte'r service e>f tlu' summons, sent to the; purchaser ;i copy of such guarantee with a written neetice'stating that he' intends to rely on the- same' as a eh'fence, anel specifying the' name' and address of the place' e>f business e>f the' ])e'rson giving the; guarantee, anel has also sent a like- notice of his iute‘ntie)n te> | |
|
| Act No. 31, 1908. | 207 |
l^ure Food.
| (f) | The poTsoii 1)Y Avhoni any guarantee is alleged to hai^e been gii’en under tills sc'ction sliall be entitled to gii'e or tender evidi'nce at tbe bearing, and tbe court may, if it thinks tit, adiouru tbe bearing to enable him to do so. |
| (g) | Tbe form of guarantee under this section may be prescribed by the regulations. |
(2) Any person ivbo gives any such guaraniec which is ivnaitv <m
false sball, in addition to any penalty for tbe sale of any food, drug, fe'in-antor.
or article in contrai'ention of this Act, be guilty of an oiience against
this Act, unless be proves that ivben be gara; the guarantee be had
reason to beliera' that tbe statements or di'scriptions contained therein
Avere triu'.
(3) Proceedings under the last preeialing subsection against i>roeoc(iinf;,s iw such
tbe person avIio has given tbe guarantee may be taken before a court
liaA'ing jurisdiction in the place Avbere tbe food, drug, or artich' awis
sold, as before a court having jurisdiction in tbe place Avbere tbe
guarantee Avas given,
Frosecnllon o f iKjent or servant.
48. In any prosecution under tins Aet for the sale of any-P'l'nt or servant
food, drug, or article, it sball be no defence ibat tbe defendant is only
| tbe agent or servant ol' tbe owner of, or person dealing in tbe I’ood, ]>nm-ipai .A | ia, s, 93. |
| drug, or article, or having tbe same for sabg but tbe agent or servant and tbe owner or ])ei’son aloresaid sball Ix' liable ; | |
| Pi'ovided that a servant sball not be lialtle if be proAU's that tbe offence Avas committed in a ston', sbo]), stall, or otlu'r similar place in Avbicb business Avas, at tbe tinu' of tb(' eoaiiuitting of tlie offi'iiee, conducted under tbe pmesonal su])('rint{'udene(! ol' tbe owru'r ol’ tbe business or some manager or other ])erson rej)resenting sueli owiu'r. |
49. (1) I f the defendant, being an agent or servant, [iroves that  ênt or sicrvunt
b(' sold tbe food, drug, or article Avitbout knowledge th a t any priivision
of this Aet Avitii rc'gard to tlie na tun ', substanei'. quality, description, lalx'lling, constituents, or mode of mguul’aeture ot tbe food, drug, or artich', or any package in Avbicb it Avas contained, bad bei'ii contra
vened or bad not been complii'd Avilb, be may, Avbctber bis jirineipal or employer lias or has not been conA'ieted and lined, recover in any
court of competent jurisdiction from bis principal or employi'r tbe am ount of any jienalty in Avbicb be himself has bei'n convieti'd in respect of such prosecution, together with tlu' costs thereof paid or payabb' by him upon bis conviction, and those ])aid or payable by him
in and about bis defence to tbe prosi'cution.
(2) AVbcre an agi'iit or servant has bi'cn convicti'd as afori'said, tbe convicting justices may, if they think lit, suspend the operation of tbe conviction for any ])criod not e.vceeding three months, to enable him to recover I'rom bis principal or employer tbe penaltw and costs as aforesaid.
| " | 50. |
208 Act No. 31, 1908.
Pure Food.
| Prosecution of | 50. Wlieii a defendant prosecuted for the sale of any food, |
| employee for selling | qi’ article tvliich Is adulterated or falsely described, or which is |
| adultera ted article. | . | j - j | ^ | i | ■ | . | e |
mixed, coloured, composed or constituted in contravention ot any provision of this Act, is the servant of a person Avho purchased such food, drug, or article under a guarantee in accordance with section forty-foui-, he shall be entitled to be discharged from such prosecution on proving that he had no reason to helieve that the food, drug, or article was adulterated or falsely described, or was sold in a state different from that in ivhich it was purchased by the person employing him, or was other than that demanded by the prosecutor.
PART V.
Gekeral and supplemextal.
Miscellaneous.
| Power to require | 51. (1) If, in the opinion of the president of the board, there |
| information to be |
| made available. | is reasonable ground for suspecting that any person is in possession, for |
| Pure Food Act | the purposes of sale, or for manufacturing or preparing for sale, of any |
| (Vie.), s. 11. | food, drug, or article, in contraiention of this Act, he may require such person to produce for his inspection, or to produce to any officer authorised by him in that hehalf, any books of the nature of store records, or Avhich deal ivith the reception, ])Ossession, or delAery of any food, drug, or article. |
| (2) The said president may make, or cause to be made, copies of or extracts from any such books, and such copit's or extracts, certified as such by any specially authorised officer, shall be deemed to be true and correct copies or extracts. | |
| (3) Any ])orson refusing to comply Avith any requirement of the president under this section shall he liable to a penalty not exceeding ten pounds. |
(4) Any officer avIio does not maintain, and aid in main
taining, the secrecy of all matters Avhich come to his knoAvledge in the performance of his official duties under this section, or Avho communi cates any such matter to any person, except for the purpose of carrying into (ffiect the provisions of this Act, shall he liable, on conAuction, to a penalty not exceeding fifty pounds.
Suggestive names fer
| articles of food. | 52. No article of food sold under any fancy, suggestive, proprietary, or registered name, and Avhich is a substitute, or is intended to be, or may be used as a substitute, either wholly or in part, for any article of food, shall hy reason only of being so sold under such name be exempt from the provisions of this .let. |
| Ihid.y s. 34. |
| Publication of names | 53. (1) Where any person or any of his servants or agents |
| of offenders. | Peeu couvicted of an offence against the provisions of this Act reiatin^^ |
| Act No. 31, 1908. | 209 |
Ftire Food.
relatin'? to the sale of any food, drug, or artiele, and sueh person or any of his servants or nfj'C'uts is subsequently convict('d of any siicii otfence, a notillcatiou of tlie name of such person may he published hy the hoard in the Gn/cdte, ndthin tuv'nty-one days after such last conviction, together -with the address of his place of business, the trade or company name under which he trades, and a description of the nature ol' the oifence, the decision of the court, and the penalty imposed, and any forfeiture incurred.
(:i) 'When the food, drug, or article was su])plied to the said person hy some other person, and was sold by the lirst immtioned person in the state in which he received it, then the name of the supplier, and the address of his place of business, and the nature of the trade carried on by him, may, after notice to such supplier, also hc included in the notification.
(.3) Such notification may, if the board so direct, be republished in any newspajier circulating in Xew South Wales, and no action for such republication shall lie against the jn-oprietor, publislicr, or printer of such newspaper.
(!•) During the pendency of any a])pcal against a conviction for any oifence, a notification as aforesaid in respect of such oifence shall not hc ])uhlished by the board, but may be so ]mblished within twenty-one days after a linal order has been made on appeal alTirming the conviction or dismissing the appeal.
MoguIatloHS.
54. (1) The board, on tlie recommendation of the advisory iiogiikUons made
committee, shall make regulations which may vary in their application
according to time and place or the destination of the article referred to committee,
| in the regulat ion— | rm-c I'ood A-t |
prescribing standards for the coiu])Osition, strength, -[mrity or quality of any food or drug, or for the nature or jiroportion
of any substance which may hc mixed with or used in the
| preyiaration or yireservation thereof, or yirohibiting the | , |
| addition of any substance to any article of food ; |
prohibiting in the manufacture, preparation, storing, preservation, packing, or in the dt'livering of any article of food for sale, the use of ayipliances containing any substance that may be specilied and any substance in or exceeding any yiroportiou that may be spi'cified, and prohibiting the sale of sueh apjiliances ;
prohibiting sueh modi's of manufacture and of preparation or presc'rvation of articles of food as may be specilied ;
prescribing the method of analysing any food, drug, or article submitted for analysis under tins Act;
exemjitiug any package or food or drug from any provision of this Act relating to marking or labelling;
| 0 | prohibiting |
210 Act No. 31, 1908.
Fure Food.
proliibitiiig tlii' use of substances or inctliods tliat may be specified in tlie catchmj;, feedin", or drugging of animals shortly prior to death, such animals being intended for sale for the food of m an;
requiring the destruction or dcnaturation of articles of food that have become detia-ioratcd or impoverished in such degree as may be specified, and of such articles of food as may be specified ;
requiring statements or labels that may be specified to he written on or attached to articles of food, or to packages containing such artiides, and prohibiting the use in such statements or labels of words that may be specified ;
fixing rates for jiayment for samples of food or drugs taken or obtained under this Act, and for payment of analysts;
prescribing penalties not exceeding twenty pounds ora continuing ])cnaltv not exceeding two pounds per diem for a contraven tion of any regulation ; and
generally for carrying nut the provisions of this Act, and for securing the wholesomeness, cleanliness, freedom from contamination, and adulteration of any food, drug, or article, and for securing the cleanliness of receptacles, places, and vehicles used for the manufacture, jireparation, storage, packing, carriage, or delivery of any food, drug, or article.
(2) In this section the word “ specified ” mo'ans specified in
any regulation.
Approval and
| gazetting of | 55. (1) Eegulations of the board made in pursuance of this shall, if not disallowed as hereinafter provided, and if not repugnant to this Act or to any regulations made by the Governor under the Principal Act, have the force of law. |
| regulations. | Act, on being approved by the Governor and published in the Gazette, |
/ V f /
(2) All such regulations on being gazetted shall be laid before both Houses of Parliament within fourteen days if Parliament is then sitting, and, if not sitting, then within fourteen days after the next meeting of Parliament. But if either House of the Parliament passes a resolution, of which notice has been given, at any time witbin fifteen sitting days after such ri'gnlations have been laid before such House disallowing any regulation, such regulation shall thereupon cease to have effect.
Act
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