Pure Food (Amendment) Act 1957 (NSW)

PURE FOOD (AMENDMENT) ACT.

Act No. 27, 1957.

Elizabeth II,

An Act to make further provisions with respect to the administration and enforcement of the Pure Food Act, 1908, as amended by subsequent Acts; for this and other purposes to amend that Act, as so amended, and certain other Acts; and for purposes con­ nected therewith. [Assented to, 1st May, 1957.]

No. 27, 1957,

T>E it enacted by the Queen’s Most Excellent Majesty,

by and with the advice and consent of the Legis­

lative Council and Legislative Assembly of New South

Wales in Parliament assembled, and by the authority of

the same, as follows :—

Short title,	1. (1) This Act may be cited as the	‘Pure Food
cit.ition

and com­ (Amendment) Act, 19a7.”

mencement. ( 2 )

Pure Food (Amendment) Act. 199

(2) The Pure Food Act, 1908, as amended by subsequent Acts and by this Act, may be cited as the Pure Food Act, 1908-1957.

(3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

Amendment

2 . The Pure Food Act, 1908-1953, is amended—

of Act No.

31,1908.

(a) (i) by omitting from section four the definition Sec. 4.

of “ Authorised” ;	(inter-
pretation.)

(ii)  by omitting from the definition of “Officer” in the same section the words “ or of a local authority, or any superintendent, inspector, sub-inspector, or sergeant of police, or any constable specially authorised by the Com­ missioner or by any superintendent of police” and by inserting in lieu thereof the words “ or any person authorised in writing by the board to act as an officer for the purposes of this Act, or any member of the police force authorised by the Commis­ sioner of Police or by any superintendent of police to act as an officer for the purposes of this Act” ;

(iii)  by inserting at the end of the definition of “ To advertise” in the same section the words “ , or to publish by means of broad­ casting or television, and derivations of the expression ‘to advertise’ have corresponding interpretations ’ ’;

(iv)  by inserting at the end of the same section the following new subsection:—

(2) Any authority to act as an officer for the purposes of this Act, granted to any person by the board or to any member of the police force by the Commissioner of Police or by any superintendent of police, may authorise that person or member of the police force to exercise and perform the

powers,

200                 Pure Food (Amendment) A ct

Ho. 27, 1957.	powers, authorities, duties and functions conferred or imposed on ofScers by this Act and the regulations at all places or at such places or classes of places as may be speci­ fied in the authority, at all times or at such times as may bo specified in the authority and in respect of all articles or in respect of such articles or classes of articles as may be specified in the authority.
Any such person or member of the police force shall not exercise and perform such powers, authorities, duties and functions otherwise tlian in accordance with the authority so granted to him.

Sec. 6.	(b) by omitting’ from subsection one of section six the "words “ the senior analyst in the Depart­ ment of Public Health” and by inserting in lieu thereof the words “ the Government analyst” ;
(Advisory
committee.)
Sec. 9.	(c) by omitting from section nine the words but may, by direction of the Governor, be left in any case to the local authority, who shall, however, be subject to the provisions of section twenty-four of the Public Health Act, 1902” and by inserting in lieu thereof the words “ be the duty of the board” ;
(Adminis­

tration of	“ primarily be the duty of the Board of Health,
Act.)

New sec. (d) by inserting next after section seventeen the following new section:—

17 a .

Board may

require in­ 17a. Any person who advertises any state­

formation	ment—
concerning

advertised	(a) holding out that any food or drug has curative purposes, or in relieving human suffering, or in overcoming or alleviating any physical defect, or
food, drug

or	nutritional properties or is of use for
appliance.

(b) relating to any ap])liance, being an instrument or contrivance which is held out, in that statement, to any person or to the imblic as of use for curative

purposes.

Pure Food (Amendment) Act. 201

purposes, or in relieving human suffer- ô. 27,1957.

ing, or in overcoming or alleviating any

physical defect,

shall, within one month after notice requiring him so to do has been served on him by the board, furnish to the board a statement setting out the composition and properties of the food, drug, or appliance or the specifications of tin; appliance together with such other information relating to the food, drug, or appliance as the board may, in such notice, have required.

The board may have regard to any such state­ ment or information when preparing any report in respect of the food, drug, or appliance unde r subsection one of section sixteen of this Act or when making any recommendation in respect of the food, drug or appliance under subsection one of section seventeen of this Act.

(e) by omitting the proviso to subsection one of Sec. 22.

section twenty-two and by inserting in lion (Entry and

tliGrcoi the lollowiiig proviso:— of place

• n r • rr>

Provided that where such officer is an officer animals or

of the board, he shall not exercise the powers conferred on him by this subsection otherwise than in accordance with an authority granted to him by tbe board. Any such authority may authorise such officer to exorcise such powers at all places or at such places or classes of places as may be specified in the authority, at all times or at such times as may be specified in the authority and in respect of all articles or in respect of such articles as may be specified in the authority.

(f)	by inserting at the end of section thirty-six tliosccse.
following new subsections:— (ren.iity

for offence

(3) Any penalty recovered in any proceed- against

ings under this Act or the regulations shall

paid to the Consolidated Eevenue Fund: Pro­

vided that where any such proceedings are

commenced

202                  Pure Food (Amendment) Act.

No. 27, 1957. commenced by an officer who is an officer of a local authority, being the council of a munici­ pality or shire, one-half of the penalty so recovered shall, notwithstanding anything con­ tained in any other Act—

(a) be paid to the local authority; and

(b) be allocated by the local authority to the appropriate fund kept by the local authority.

(4) Notwithstanding anything contained in

the Liquor Act, 1912, as amended by subsequent Acts, where in any proceedings against a licensee as defined in section three of that Act, as so amended, for an offence against any of the provisions of this Act, the court is of opinion that the offence has been proved, it may if it thinks fit, having regard to the character of the offence and the circumstances under which the offence was committed, direct that the convic­ tion for the offence shall not be recorded against the licensee or licensed premises for any of the purposes of the Liquor Act, 1912, as so amended, and the conviction shall not be recorded accord­ ingly.

Sec. 37. (g) by inserting in section thirty-seven after the

(Interfer­

word “ authorised” the words “ in writing by

ence with

official

the board” ;

marks or

seals.)

Sec. 38. (h) (i) by omitting from paragraph (a) of section

(Obstruc­	thirty-eight the words “ or authorised
tion of
officer in	person” wherever occurring;
discharge

of his (ii) by omitting from paragraph (c) of the same

duties.)

section the words “ or person as afore­

said” ;

New sec. (i) by inserting next after section forty the follow­

40a. ing new section:—-

Officers 40a. No prosecution for an offence against

a u th o r is G ( i by

board not to	this Act or the regulations shall be commenced
commence
prosecutions	by any person, not being a member of the police
without

approval. force.

Pure Food (Amendment) Ad. 203

force, unless an approval in writing to com-	2̂ 1957.
mence such prosecution has first been given by the president of the board, or by a person authorised by him in that behalf.
In any such prosecution the production of such approval or of a document purporting to be a report, relating to the subject-matter of the prosecution, of an officer or analyst, which report bears the signature of the president of the board or of a person authorised by him under the foregoing provisions of this section shall be accepted as sufficient proof of an approval to commence such prosecution given under the provisions of this section without proof of the signature or the official character of the person appearing to have signed the same and, notwithstanding anything contained in the Principal Act, no further proof of any order to prosecute shall he necessary in respect of such prosecution.

(j)	by omitting from subsection two of section fifty- See. 5i. one the words “ specially authorised officer” and (^“yerto by inserting in lieu thereof the words “ officer formation authorised in Avriting either generally or in a avan̂ ie*) particular case in that behalf by the board” ;
(k)	by inserting next after section fifty-three the New sec. following new section:—

53a. Every officer authorised to act as an Certain

officer by the board shall submit to the hoard on

the first day of January, April, July and October reports

in each year a statement, in the form prescribed,

shoAving the Avork performed by him in the

administration of this Act during the period of

three months next preceding the date of sub­

mission of the statement.

(l) (i) by omitting from subsection one of section Sec. 54.

fifty-four the Avord “ shortly’	tions made
(Regula­

(ii)   by inserting in the same subsection the AAmrds “ pictorial matter” the Avords of advisory

“ , or the broadcasting by Avireless trans­

mission of any statement,” .

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