The Sale of Food and Drugs Act 1882 (SA)

ANNO QUADRAGESIbIO QUINTO E'I' QUADRAGESIMO

SEXTO

No. 251.

An Act to make provision for the Sale of Food and Drugs

in a pure state.

[Assented to, November r 7th, r 882.1

W HEREAS it is desirable to make provision for the sale of food I'reitmble. and drugs in a pure state-Be it therefore Enacted by the

Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of ,4ssembly of the said province, in this present Parliament assembled:

1,. This Act may be cited for all purposes as " The Sale of Food Short title.

and Drugs Act, 1882."

District, the Central Board of Health of the province.

2, This Act shall come into operation on the first day of January, Commencement oz

one thousand eight hundred and eighty-three. Act.

3, In the construction and for the purposes of this Act-	Interpratation of
words.

Food" shall include every article used for food or drink by

man, other than drugs or water:

Drug " shall include medicine for internal or external use:

Justices" shall mean Justices of the Peace for the said province:

K Local authority " shall mean any Council within the meaning

of The Municipal Corporations Act, 1880 ;" or any District Courrcil under the District Councils Acts in force for the time Lihg; or, it1 places not within a Corporation or

4.5G & 46" VICTORIE, No. 257.

?h &le of Food and Druys Act.-1882.

l'rd~ibition of the

mixing of i n j ~uiious 4. No person shall mix, color, stain, or powder, or ordcr or

ingmdienir, slid oz

permit any other person to mix, color, stain, ox powder, any articlc

selling Ibe

of food with any ingredient or material so as to render the articlc injurious to hedth; with intent that the same may be sold in that

state; and no person shall sell any such article so mixed, colored, stained, or powdered, under a penalty in each case not escecding Fifty Pnuuds for the first offence. Every offence, after a conviction

for n first offence, shall be a misdemranor, for which the person, on

conviction, shall be imprisoned for a period not exceeding six months

with hard lnbor.

I'robibition of the

5. No person shall, except for the purpose of compounding, as permit any other p i son to mix,'color; stain, -or powder, any drug with any ingredient or material so as to affect injuriously thc quality or potency of such drug, with intent that the same may be sold in that state; and no person shall sell any such dnig so mixed, colored, stained: or powdered, under the siime penalty in each case respcc-

~ u i s i n g of d n ~ g a hth

inju~ious ingredients. hereinafter ciescribed, mix, color. stain. or powder, or order or

a& of d l i @ tho

S3111V.

tively as in the preceding section for a first and subsequent offence.

Exemption in case of

pmof of abseuce of 6, No person shall be liable to be convicted under either of the

knowledge.	two last sections of this Act in respect of the sale of any article of food, or of any drug, if he shows to the satisfaction of the Justices or Court before wh& he is charg~ d that he did not know
of the article of food or drug sold by him beinf; so mixed, colored,
stained, or powdered, as in either of those sectlons mentioned, and that he could not with reasonable diligence have obtained that knowledge.
l'whlbitiOnoftheaale
of articles of food and	7. NO person shall sell to tllc prejudice of the purchaser any article of food, or any drug, which is not of the nature, substance, and quality of the article demanded by such purchaser, under a

of d ~ n e not of the

P P e r dance, Uaturr. and quality.

penalty not exceeding Twenty Pounds: Provided that rm offence shall not be deemed committed under this section in the following

cases, that is to say-

(1.) Where any matter or ingredient not injurious to health has been added to the food or drug because the same is required for the production or preparation thereof as an article of commerce, in a state fit for c a i ~ b g e or con- sumption, and not fraudalently to increase the bulk, weight, or mrasure of the food or drug, or conceal the inferior quality thereof:

(2.) Where the drug or food is a proprietary medicine, or is the

subject of a patent in force, and is supplied in the state

required by the specification of the patent:

(3.) Where the food or drug ia compounded as in this Act

mentioned:

(1.) Where the food or drug is unavoidably mixed with some

extraneous matter in the process of collection or p r e p

ration: (5.) Where

The Sale of Food and Dr?cgs Act.-1882. . --U - -- .- - - - -"

(5.) Where spirits are not adulterated otherwise than by the admixture of water, and such n d m i x t u r ~ has not reduced the spirits more than t1vei1t.v-five degrees under proof for brandy, whisky, 01. mm, or thirty-hr.e degrees under proof for gin:

I t shall be no defence to any proscmtion unticr this section to allege that the pimhaser, having Fought only for R I I A ~ Y S ~ B, was uot

prejudiced by such sale. Neither shall it be a defence to prove that the article of food or drug in qnestioa, tllnugh defective in nature or in substance, or in quality, was not defective ir i all three respects.

8, NO persun shall sell any compound article of food or corn- Pmvision for the at~le

pounded drug which is not composed of ingreriients in nccorclimce of foon and of compnnnded

with the demand of the pnrchaser, under a penalty not exceeding compounded dlugs.

Twenty Pounds.

9, No person shall be guilty of any such offence as last aforesaid Plotection from

in respect of the sale of an articlc of food or a drug mixed wit,h any bh,,	offmcea by giving of
matter or ingredient not injurious to health, and not intendeil fraudulently to increase its bulk, weighl, or measure, or colic@ its inferior quality, if, at the t i r n ~ of deliwring such article or drug, hc shall supply to the person receiving the iamc a. notic(., by a label distinctly ancl legibly written or printed on or wi th the article or

drug, to the effc~ct that thc same is so mixed.

10, No person shall, with the intent that the same inay be sold Prohibition of the

in its altered state, without express notice to t h r purchaser, abstract ~ ~ ~ ~ r $ ~ ~ ~ ~ i ~ ~ <

from an artidc of food any part of it so as to affect irljuriously its food b e h c salc, and

quality, substance, or nature, and na person shall sell any suci~,,,, ,, , selling without

article so altered without making disclosure of the alteration, under

a penalty in each case not exceeding Twenty I'ounds.

APPOINTMENT AND DUTIES OF ANA LYS'I'S, AND

PROCEEDINGS TO OBTAIN ;!N,QI,YSIIS.

passing of this Act, or when required so to do by the Central Board anal yrts. 11, Every local authority may, as soon as convenient after the -\ppointment of

of Health, from time to time appoint one or more persons pos- sessing competent knowledge, skill. and experience, as analysts of all articles of food and drugs sold within the said city or town, district or elsewhere, and shall pay to such analysts srich remuneration as shall be mutually agreed upon, and may remove him or them as they shall deem proper: Provided that no person shall hcrcafter be appointed an analyst for any place under this section who shall be engaged directly or indirectly in any trade or business connected with the sale of food or drugs in such place.

12. Alocal authority may agree with any other local stutliuxity that 'low' authority nlay engage the analyst

any analyst already appoi t~ t~d by any on(\ local authority shall act for local

any other local authority, and may makc duc provision fbr the pay- authoritp.

rnent

- > 45' & 46' VICTORIA!, NO. 257. - ---- - - - -p-

The SdZe i ~ f Food and Drugs Act.-1882.

ment of his remuneration, or such proportionate part thereof as may be agreed upon, and if such analyst shall consent, he shall, during such time as such agreement shall bc in force, be the analyst for the purposes of this Act of such other local authority.

Power to purchaser of	13. Any purchaser of any article of food or of	n drug within the
an article of food to

hv, it	limits of any local authority where there is an andyst appointed under this Act, on payment of the sum of Ten Shillings and Six- pence, or such less sum as the local authority may direct, or if there be no such analyst then acting for such local authority, on payment of the sum of Ten Shillings and Sixpence to the analyst of another local authority, shall be entitled to have such article analyscd, and
to receive from thc analyst a certificate of the result of his analysis.
oacerorconstable 10

obtain a ample of 14. Any officer appointed by any local authority, or any police

food or drug to sub-	constable under the tlirection atld at the cost of anv local authority,
mit to analysis.	may procurc any sample of any milk in course df delivery to the purchaser or consignee in pursuance of any contract or agreement for the sale to such purchaser or consignee of such milk, or any sample of food or drugs, and if hc suspects the same to have been sold to him contrary to any provision of this Act, shall submit the same to be analysed by'the analyst of the local authority for which
he acts, or if there 'be no such analyst then acting for such local
authority, to the analyst of another local authority, and such analyst shall, upon receiving payment of the sum of Ten Shillings and Sixpence,
with all canvenirnt speed analyse the same, and g i ~ e a ccrtificate to
such officer, wherein he shall specify the result of the analysis.
Penalty for refusing
to give milk f ~ r	15. If the seller or consignor, or any person entrusted by him or either of them for the time being with the charge of such milk, shall refuse to allow any such officer or constable to take the quantity which such officer or constable shall require for the purpose of analysis, he shall be liable to a penalty not exceeding Ten Pounds.
analysis.

Provision for dealing 16.

Every person purchasing any article with the intention of sub- mitting the same to analysis shall, after the purchase shall have been completed, forthwith notify to the seller or his agent selling the article his intention to have the same analysed, and shall offer to divide the article into three parts, to be then and there separated, and each part to be marked and sealed or fastened up in such a manner as its nature will permit, and shall, if requisetl to do so, proceed accordingly, and shall deliver one of the parts to the seller or his agent.

with the sample

when purchased.

He shall afterwards retain one of the said parts for future com- parison, and submit the third part, if he deems it right to have the article analysed, to the analyst.

Provision when 17, If the seller or his agent do not accept the offer of the pur-

namplein not hvidsd- chaser to divide the article purchased in his presence, the analyst

receiving the article for analysis shall divide the same into two parts, and shall seal or fasten up one of those parts, and shall muse it to be

delivered,

45" & 46" VICTOKIE, No. 257.

The Sale of Food and Drugs Act.--1882.

-.

delivered, either upon receipt of the sample, or when he supplies his certificate to the purchaser, who shall retain the same for production in case proceeding6 shall afterwards be taken in the matter.

18. If the analyst do not reside within two miles of the residence article to the analyst Provision for sending

of the person requiring the article to be analysed, such article may	through the poet offlce.
be forwarded to the analyst through the post office as a registered letter, subject to any regulations which the local authority may make in reference to the carrying and delivery of such article, and the charge for the postage of such article shall be deemed one of the charges of this Act or of the prosecution, as the case may be.
Person refusing to #ell

19. If any such officer or constable, as above described, shall any article to any

apply to purchase any article of food or any drug exposed for salt?,	officer, liable to a
or on sale by retail on any premises or in any shop or stores, or in	penalty.

L	any street or open place, and shall tender the price for the quantity which he shall require for the purpose of analysis, not being more
than shall be reasonably rcquisite, and the person exposing the same
for sale shall refuse to sell the same to such officer or constable, such
person shall be liable to a penalty not exceeding Ten Pounds.

20. The certificate of the analysis shall be in the form set forth :;;;*of

in the Schedule hereto, or to the like effect.

21. Every analyst appointed under this Act shall report quarterly, Quarterly r e p t of

to the authority appointing him, the number of articles analysed by aml~".

him undcr this Act during the foregoing quarter, and shall specify

the result of each analysis and the sum paid to him in respect thereof,

and such report shall be presented at the next meeting of the

authority appointing such analyst, and every such authority shall

annually transmit to the Central Board of Health, at such time and

in such form as the Council shall direct, a certified copy of auch

quarterly report.

PROCEEDINGS AGAINST OFFENDERS.

All proceedings for offences against this Act, in respect of which any fine or penalty is imposed, shall be had and taken, and may be heard and determined in a summary way, by any two Justices of the Peace, under the provisions of an Ordinance No. B of 1850, ;'To facilitate the performance of the Duties of Justices of the P e x e out of Session, with respect to summary convictions and orders," or of any Act hereafter to be in force relating to the duties of Jus:ices of the Peace with respect to snmmary convictions	Bm=9	P I P C ~ ~ U T B.
and orders, and a l l convictions and orders may be enforced as in
the said Ordinance is mentioned.

22.

23. All fines and f orfeitures recovered by or before Justices of Fine to be paid to

the Peace for any offence committed within the limits of any local 10wlautbm'**

authority against this Act shall be paid to such local authority.

24, The

The Sate of Food and Drugs Act.-1882.

- + .---p--- -

Governor may remit

finea. 24. The Governor, with the advice of the Executive Council,

may remit the whole or any part of any fine or penalty, although the

same may have been appropriated to some local authority.

Certificate of anal*

25. At the hearing of all proceedings before Justices under this

Act the production of thc certificate of the analyst shall be sufficient

p*wfde	for the roseeutioa,	evidena
but an&&	to b. evidence of the facts therein stated, unless the defendant shall require

called if required.	that the analyst shall be called as a witness, and the part of tht. articles retained by the person who purchased the article shall be
Defendant and hb	produced, and the defendant, with his or her wife or husband, shall

w ~ e m a ~ b e e x ~ i ~.	on all such pro( (qedings be a competent witness.
Power to Justices to

brautiCla 26. The Justices before whom any proccedings are taken, or L a d h ~ m l w. the Local Court of Full Jurisdiction on any appeal, may, upon

the requeet of either party, in their discretion, cause any article of food or drug to be sent to the Central Board of Health, who shall thereupon direct some duly qualified analyst to make the malysis,

and give a certificate to such Justices or the Court of the result of the analysis; and the expense of such analysis shall be payable

as the Justices of the Court may by older direct.

Appeal to nearest

Local court of ~ u l l	27. There shall be an appeal from any conviction by any Justices of the Peace for any offence against this Act, or from any order dismissing any information or complaint, or from any order for pay- ment of money, whether for costs or otherwise, which appeal shall be to the nearest Local Court of Full Jurisdiction; and the pro- ceedings on such appeal shall be conducted in manner appointed by the said Ordinance, No, 6 of 1850, for appeals to Local Court; but the Local Court aforesaid may make such order as to the payment of the cost of appeal as it shall think fit, although such cost may
Juriediction.
exceed Ten Pounds.
In my proeecution

defendant to prove	28. I n any prosecution under this Act, where the fact of an
that he pmbcbd

by efception or	article having been sold in a mixed state has been proved, if the
promeion.
tained in this Act, it shall be incumbent upon him to prove the
defendant shall desire to rely upon any exception or provision con-
same.

Defendant to be dis-	29. If	the defendant in a n y prosecution under this Act prove to
charged if he prove

that he bought the

the satisfaction of the Justices or Court that hc had purchased the

article in the same

etate BB add, aud

article in question as the same in nature, substance, and quality as

with a warranty.

that demanded of him by the prosecutor, and with a writ ten warranty

to that effect that he had no reason to believe at the time when he

sold it that the article was otherwise, and that he sold it in the same state as when he purchased it, he shall be discharged from the

No cmte except on

prosecution, but ,&all be Liable to pay the costs incurred by the

insuee proved againet

prosecutor, unless he shall have given due notice to him thttt he will

him,

rely on the above defence, and the article so adulterated as to

render it injurious to health shall be forfeited.

Punishment for

forging certificate or 30. Any person who shall forge, or shall utter, knowing it to be

warranty. forged,

4.5' & 460 VICTORIW, NO. 257.

T h e Sale of Food and Drugs Act.-1882. - ---.U

L .. - -- - - - --A - - - - - -

forged, for the purposes of this Act, any certificate or any tvriting purporting to contain a warranty, shall be guilty of a misdemeanor, and be punishable on conviction by imprisonment for a term of not exceeding two years with hard labor:

drug, in any proceedings under this Act, a certificate or warranty cation of warranty. Every person who shall wilfully apply to an article of food, or a For wilful mimpp1i-

given in relation to any other article or clrug, shall he guilty of an offeuce under this Act, a d be liable to a penalty not exceeding 'I'wenty Pounds:

'Every person who shall give a false warranty, in writing, to any For Falee tvamntr.

purchaser in wspcct of an article of food or a drug sold by him as principal or agent, shall be guilty of au offence under this Act, and be liable to a penalty not exceeding Twenty Pounds:

And every person who shall wilfully give a label with any article For fslw label.

sold by him which shall falsely describe the article sold shall be guilty of an offence under this Act, and bc liable to a yerialty n o t exceeding Twenty Pounds.

31, Nothing iil this ,4ct contaiucd shall i~ffect the power of pro- Pmceenings byindict- ment and contracts

ceedings by indictment, or take away any other remedy against any	a&cted.
offender, under this Act, or in any way intcrfew with corltrncts and bargains between individuals, and the rights and remedies belonging thereto: Provided that, in any action brought by any person for a breach of contract on the sale of any article of food or of any drug,
such person may recover alonc, or in addition to any other damages
recoverable by him, the amount of any penalty in which he may
have been convicted under this Act, together with the costs paid by him upon such conviction arld those incurred by him in and
about his dcfencc theretb, if hc prove that the articlc or drug, the subject of such conviction, was sold to him as and for an article or drug of the same nature, substance, and quality as that which was demanded of him, and that he purchased it not kilowing it to be

purchased it. otherwise, and afterwards sold it in the same state in which he EXPEKSES OF EXECIJTIKG THE ACT.

32. The cxpenses of executing this Act shall be borne by any fipensesofezeeutiog

general rates or funds applicable to the purposes of 'L The Municipal Corporations Act, 1880," "The Public Health Act," or '' The Public Health Act, 1876 :" Provided that the expenses of executing section 33 hereof shall be borne by tho general revenue of the province.

SPECIAL PROVISION AS TO TEA.

33. From and after a day to be fixed by the Governor by Pm- Tea tabe examin&

damation in the G o u ~ r n m e n t Gazette, all tea imported as merchkndise hy the Customa on i~nportation.

into or landed at any port in the said province shall be subject to

45' & 46" VICTORIR, No. 257.

The Sate of Fond and Druys Act.-1882.

examination by inspectors and analysts, to bc appointed by the Collector of Customs, for which purposc! samples may, when deemed necessary by such inspectors, be taken and with all convenient speed be examined by the arlalysts to be so appointed; and if, upon such analysis, the same shall be found to be mixed with other substances or exhaustctl tea,'' the same shall not be delivered unless with the sanction of the said Collector, and on such t e rm and conditions as he shall see fit to direct, either for home consumption, or for use as ships' stores, or for exportation; but if, 011 such inspection and analysis. it shall appear that such tea, is in the opinion of the analyst unfit for human food, the same shall be forfeited and destroyed or other- wise disposed of in such manner as the said Collector may direct.

For the purposes of this scction, esha~lstcd," as applied to tea,

shall mean any tea which has been deprived of its proper quality, strength, or virtue by steeping, infusion, decoction, or other means.

I n thc name and on bctlalf of I1c.r Xnjesty, T heyeby asscnt to

this Bill.

WM. F. DRUhIMOKD JERVOIS, Governor.

45' & 46' VICTORIE, No. 257. - v L-A .-- - - p-

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The Sale of Food and Drugs Act.-1882.

SCHEDULE.

Form of Certificate.

To*

I, the undersigned, public ana lys t for t h e do

hereby certify that I received, on the day of 3

18 , from* , a sample of for analysis

(which then weighed$ ), and have analysed the eame, a n d

declare the result of my analysis to be a8 follows :-

I am of op in ion that the same is a sample of genuine

or

I am of opinion that the s a i d yample contained the parte as under, or the per-

cen tages of fore ign ingredient8 as under :-

,4s witness my h a n d t h i s day of

A. B.,

at

* Hcre insert the name of the person submitting the article for analysis.

t Here insert the name of the person delivering the sample.

: When the article cannot be conveniently weighed, this passage may be erased, or the blank may

be left unfilled.

$ Here the analyst m y insert, a t his discretion, his opinion as to whether the mixture (if any) was

for the purpose of rendering the article portable or palatable, or of preserving it, or of improving the appearance, or wna unavoidable, and may state whether in excess of what is ordinary, or otharwise, and whether the ingredients or materials mixed are or are not injurious to health.

In the case of a certificateregarding milk, butter, or any articlelible to decomposition, the analyst

shall specially report whether any change had taken place m the constitution of the article that would

in te r fm with the analpb.

--

- 4- -- p -p-

Adelaide: By authority ( p h % k ~ ~ B d l ) e K, Giovernment Printer, North-terrace.

B-257.