Trade Measurement (Bread) Act 1990 (Qld)

1187 Pi f A ACT No. 69 of 1990 ANALYSIS OF CO NTENTS 1. Short title 2. Commencement 3. Definitions PART I-PRELIMINARY PART II-LOAVES OF BREAD 4. Exemption from Part 5. Denominations of loaves of bread 6. Bread to be made for sale and sold in loaves of prescribed denominations 7. Bread to be marked as prescribed 8. True mass of loaf of bread PART III-PRE-PACKED BREAD - 9. Non-application of Part 10. Requirements as to packaging of pre-packed bread 11. Defences concerning packaging of pre-packed bread 12. Restrictions on use of certain expressions on packages 13. Incorrect pricing of pre-packed bread 14. Offence of packing or selling short measure 15. Extent of deficiency necessary to constitute short measure 16. Defences concerning short measure 17. Seller's general defence 18. Employee's general defence 19. Regulations concerning methods of measurement PART IV-INSPECTORS 20. Powers of entry, etc. 21. Inspector to give certificate 22. Loaf of bread taken, etc., by inspector to be delivered to an analyst 23. Pre-packed bread-special powers 24. Obstruction, etc., of inspector 25. Self-incrimination 26. Inspector's certificate of authority to be produced PART V-MISCELLANEOUS 27. Increased penalty for body corporate 28. Compensation for loss caused by offence 29. Offence by employee-liability of employer 30. Offence by body corporate-liability of directors, etc. 31. False or misleading statements 32. Evidence-signature of Minister, etc. 33. Certificate evidence 34. Evidence-analyst's certificate 35. Evidence-pre-packed bread 36. Packaged bread presumed to be pre-packed in certain circumstances 37. No need to prove appointment of Chief Inspector, etc. 38. Records-English language 39. Copy of analyst's certificate may be obtained 40. Restrictions on advertising 41. Regulations

1188 ueeusiaub ANNO TRICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 69 of 1990 An Act relating to the trade measurement of bread [ASSENTED TO 19TH S EPTEMBER, 1990]

Trade Measurement (Bread ) Act 1990, No. 69 1189 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Trade Measurement (Bread) Act 1990. 2. Commencement . (1) Section 1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act commences on a day appointed by Proclamation. 3. Definitions. (1) In this Act, unless the contrary intention appears- "Administration Act" means the TradeMeasurementAdministration Act 1990; "analyst" means a person appointed under The Health Act of 1937 as in force from time to time as a State analyst or a person registered as a duly qualified analyst under that Act, and whose name remains upon the register; "bakehouse" includes a bakery and any place where bread is stored prior to delivery; "bread" includes milk bread; "bread roll" means bread baked as a unit that does not exceed 170 grams in mass; "Chief Inspector" has the same meaning as in the Administration Act; "inspector" has the same meaning as in the Administration Act; "loaf of bread" means the whole portion of bread baked from a single mass of dough or from two or more masses of dough fused together in baking for the purpose of producing a single article; the term includes a pre-packed loaf but does not include a bread roll; "milk bread" means bread that conforms to the standard prescribed for milk bread; "Minister" means the Minister of the Crown for the time being charged with the administration of the Administration Act and includes a Minister of the Crown who, for the time being, is performing the duties of the Minister; "package" includes- (a) a container, wrapper, confining band or other thing in which bread is packed for sale as a single item; and (b) anything around which bread is wound or wrapped for sale as a single item;

1190 Trade Measurement ( Bread ) Act 1990, No. 69 "pre-packed bread" means bread that is packed in advance ready for sale; "pre-packed loaf' means a loaf of bread (whether sliced or unsliced) packed in advance ready for sale; "sell" includes- (a) agree to sell; and (b) offer or expose for the purpose of selling; and (c) have in possession for the purpose of selling; and (d) barter or exchange; and (e) authorize, direct, cause or permit to be done any act referred to in paragraph (a), `(b), (c) or (d); "total dry solids", in relation to bread, means the weight of the water-free substance of the bread; "vehicle" includes vessel, aircraft and any other means of conveying persons or goods. (2) In this Act- (a) a reference to a function includes a reference to a power, authority and duty; and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. PART II-LOAVES OF BREAD 4. Exemption from Part . This Part does not apply to bread that contains raisins, currants or sultanas either singly or in aggregate. 5. Denominations of loaves of bread. (1) Loaves of bread must be denominated- 225 grams; or 340 grams; or 450 grams; or 680 grams; or 900 grams;

Trade Measurement (Bread) Act 1990, No. 69 1191 or 1 800 grams. (2) For the purposes of this Act a loaf of bread is taken to be of the- (a) 225 gram denomination if its mass is not more than 275 grams; (b) 340 gram denomination if its mass is more than 275 grams but not more than 390 grams; (c) 450 gram denomination if its mass is more than 390 grams but not more than 520 grams; (d) 680 gram denomination if its mass is more than 520 grams but not more than 780 grams; (e) 900 gram denomination if its mass is more than 780 grams but not more than 1 035 grams; (f) 1 800 gram denomination if its mass is more than 1 035 grams. 6. Bread to be made for sale and sold in loaves of prescribed denominations . (1) A person must not- (a) make for sale; or (b) sell; or (c) authorize, direct, cause or permit to be made for sale; a loaf of bread- (d) that is not of a denomination prescribed by section 5 (1); or (e) purporting to be of a denomination prescribed by section 5 (1) that is deficient of the mass prescribed thereby for a loaf of that denomination. (2) A person who contravenes subsection (1) is guilty of an offence. Penalty: 150 penalty units. 7. Bread to be marked as prescribed . (1) A person must not sell a loaf of bread purporting to be milk bread that is not marked in the manner prescribed by regulations. (2) A person must not pre-pack a loaf of bread before sale unless the package is marked as prescribed by regulations. (3) A person who contravenes subsection (1) or (2) is guilty of an offence. Penalty: 150 penalty units.

1192 Trade Measurement ( Bread ) Act 1990, No. 69 8. True mass of loaf of bread. (1) A loaf of bread is, for the purposes of this Act, taken to be of a true mass if, in respect of bread of the one type and denomination- (a) there is no average deficiency, when measured by an inspector, in the mass of- (i) 20 loaves of such bread; or (ii) where there are less than 20 loaves of such bread available, all the loaves (being not fewer than 6); and (b) the dry solids of a sample loaf of such loaves of bread are not less than- (i) that prescribed by regulations for that type of loaf's denomination; or (ii) where not so prescribed, 60 per centum at the least of the loafs denomination. (2) For the purpose of determining the true mass of a loaf of bread an inspector must- (a) select and seize two loaves of bread measured by the inspector pursuant to subsection (1) that most nearly approximate the average mass of the loaves measured; and (b) wrap, seal and mark separately each loaf seized; and (c) offer one of the seized loaves to the person who was present at the measuring of the loaves or, if no other person was present when the loaves were measured offer the loaf to a person employed or apparently employed at the place where the loaf was seized; and (d) deliver the other seized loaf to an analyst. PART 'III-PRE-PACKED BREAD 9. Non-application of Part. This Part does not apply to a pre- packed loaf. 10. Requirements as to packaging of pre-packed bread . (1) A person who packs bread as pre-packed bread is guilty of an offence unless the package complies with the provisions of the regulations made for the purposes of this section as to the packaging of such bread when it is packed. Penalty: 150 penalty units. (2) A person who sells pre-packed bread is guilty of an offence unless the package complies with the provisions of the regulations made

Trade Measurement (Bread) Act 1990, No. 69 1193 for the purposes of this section as to the packaging of such bread when it is sold. Penalty: 150 penalty units. (3) The regulations may make provision- (a) restricting the quantities in which bread may be packed or sold as pre-packed bread; and (b) requiring the marking on the package containing pre-packed bread when it is packed or sold of- (i) the name and address of the person who packed the bread or on whose behalf it was packed; and (ii) the measurement of the bread and other information concerning the measurement of the bread; and (iii) the price of the bread and other information concerning the price of the bread. 11. Defences concerning packaging of pre-packed bread . (1) It is a defence in proceedings under section 10 against a person who packs bread (to the extent that the proceedings concern the requirement that a name or address be marked on the package) if it is established that the bread was packed on premises for sale on those premises to a person for consumption or use and not for resale. (2) It is a defence in proceedings under section 10 against a person who sells pre-packed bread (to the extent that the proceedings concern the requirement that a name or address be marked on the package) if it is established that the pre-packed bread was sold on the premises on which it was packed and was so sold for consumption or use and not for resale. (3) It is a defence in proceedings under section 10 against a person who sells pre-packed bread if it is established that the seller's general defence under this Part applies. 12. Restrictions on use of certain expressions on packages. (1) A person who packs bread as pre-packed bread or sells pre-packed bread is guilty of an offence if, except as authorized by the regulations, there is marked on the package- (a) the expression "net mass when packed" or "net mass at standard condition", or any other words that have a similar meaning to those words; or (b) any other expression directly or indirectly relating to the measurement of the bread or the size of the package that is prescribed by the regulations (including by being specified

1194 Trade Measurement ( Bread ) Act 1990, No. 69 or described by reference to its meaning or effect) as prohibited or restricted expression. Penalty: 75 penalty units. (2) It is a defence in proceedings under this section against a person who sells pre-packed bread if it is established that the seller' s general defence under this Part applies. 13. Incorrect pricing of pre-packed bread . (1) A person who sells pre-packed bread at a specified price for each unit of measurement of the bread is guilty of an offence if the price of the pre-packed bread exceeds the price correctly computed by reference to the measurement of the bread and the stated price for each unit of measurement. Penalty: 300 penalty units. (2) If the measurement of pre-packed bread is stated by reference to a minimum measurement, any amount by which the actual measurement exceeds that stated minimum measurement shall be disregarded in calculating the correct price for the purposes of subsection M. (3) This section applies whether or not the price of the bread and the price for each unit of measurement of the bread- (a) is required by this Act to be marked on the package containing the bread; or (b) is in fact so marked. (4) It is a defence in proceedings under this section if it is established that the seller's general defence under this Part applies. 14. Offence of packing or selling short measure. (1) If the actual measurement of the quantity of pre-packed bread is less than the measurement or minimum measurement marked on the package (whether or not marked for the purpose of complying with this Act)- (a) the person who packed the bread is guilty of an offence; and (b) a person who sells the bread is guilty of an offence. Penalty: 300 penalty units. (2) If more than one measurement is marked on a package, the prosecution is entitled to rely on any of those measurements to establish an offence against this section unless the context in which the measurement appears indicates that it is not to be taken to be a representation as to the measurement of the quantity of the bread. (3) The marking of a measurement on a package must make such allowance for any likely reduction over time in the actual measurement of the bread as may be necessary to prevent the commission of an offence under this section in relation to the bread.

Trade Measurement (Bread) Act 1990, No. 69 1195 (4) A measurement or minimum measurement marked on or near a receptacle containing pre-packed bread so as to constitute a representation as to the measurement or minimum measurement of the quantity of the bread is, for the purposes of this section, regarded as being marked on the package. 15. Extent of deficiency necessary to constitute short measure. (1) For the purposes of section 14 the- actual measurement of pre-packed bread ("the offending bread") shall not be regarded as being less than a marked measurement unless- (a) the deficiency in actual measurement of the offending bread is greater than the deficiency permitted by the regulations for the bread concerned; or (b) the deficiency in the average of the actual measurements of a number of like breads (found in the same place and at the same time as the offending bread is found) is greater than the deficiency permitted by the regulations for the bread concerned. (2) The regulations may- (a) make provision with respect to the method to be used in determining the average measurement under subsection (1) (b) and the number of like breads to be measured for that purpose; and (b) provide that the deficiency permitted in the average of measurements determined under subsection (1) (b) is nil; and (c) make different provision according to how long after packaging of the bread the measurements concerned are made. (3) This section does not apply in a case where the number of like breads (found in the same place and at the same time as the offending bread is found and available for measurement by an inspector) is not sufficient for the purposes of a determination under subsection (1) (b) in accordance with the regulations. 16. Defences concerning short measure . (1) It is a defence in proceedings under section 14 against a person who packs pre-packed bread if it is established that the deficiency in measurement- (a) arose after the packing of the bread and the marking of the package and was attributable wholly to factors for which reasonable allowance was made in stating the measurement marked on the package; or (b) resulted from something that the defendant could not reasonably have foreseen or for which the defendant could not reasonably have made allowance.

1196 Trade Measurement ( Bread ) Act 1990, No. 69 (2) It is a defence in proceedings under section 14 against a person who sells pre-packed bread if it is established- (a) that the defendant obtained the bread from another person within Australia who packed the bread or sold it to the defendant and the defendant identified that other person to an inspector; and (b) that the package containing the bread was marked apparently as required by this Act when the defendant received it; and (c) that the defendant sold the bread in the same state as it was in when the defendant obtained it. (3) The defence under subsection (2) is not available to a defendant in relation to the sale of pre-packed bread ("the offending bread") if- (a) a finding by an inspector in relation to other pre-packed bread sold by the defendant indicated that its sale would have been an offence under section 14 had that defence not been available; and (b) that other pre-packed bread was of the same kind, and had the same measurement marked on the package, as the offending bread; and (c) the inspector informed the defendant of that finding before the sale of the offending bread; unless the defendant establishes that the offending bread was not in the defendant's possession when the defendant was informed of the inspector's finding. (4) It is not a defence in proceedings under section 14 merely to establish that the deficiency in measurement did not exist when the bread was packed or when the package was marked. 17. Seller' s general defence. If a provision of this Part provides that it is a defence to specified proceedings if it is established that the seller's general defence under this Part applies, it is a defence to those proceedings if it is established that- (a) the defendant did not pack or alter the packaging of the bread; and (b) the offence resulted from something that the defendant could not reasonably have foreseen or for which the defendant could not reasonably have made allowance. 18. Employee ' s general defence . It is a defence in proceedings against a person for an offence under this Part for packing bread as

Trade Measurement ( Bread ) Act 1990, No. 69 1197 pre-packed bread if the person establishes that the person packed the bread as an employee only. 19. Regulations concerning methods of measurement . For the purposes of this Part- (a) the measurement of pre-packed bread shall be determined in accordance with any applicable methods and procedures provided for in the regulations; and (b) a measurement so determined shall be regarded as the measurement of the bread. PART IV-INSPECTORS 20. Powers of entry, etc. (1) An inspector may at any reasonable time- (a) enter and search any place in which bread is sold or packed or any bakehouse and examine any bread therein; (b) in the case of a place in which bread is sold or packed- in the presence of any person apparently then in charge of that place select and measure any bread found therein; (c) in the case of a bakehouse-in the presence of- (i) any person carrying on the business thereat; or (ii) any servant or agent of that person; or (iii) any person apparently then in charge of the bakehouse; select and measure any bread found therein; (d) require any person engaged in the distribution or delivery of bread to stop and, where the person is in charge of a vehicle, to stop the vehicle and may search for, examine, select and measure any bread found in or on any vehicle or other thing used in. connexion with that distribution or delivery; (e) question any person to ascertain whether this Act has been or is being complied with; (f) on payment or tender of the current market value or of the rate prescribed to the person apparently in charge of any place in which bread is sold, any bakehouse, or any vehicle or other thing used in connexion with the delivery or distribution of bread, demand, select and take any bread found therein or thereon; (g) break open any package containing bread found by him in any place in which bread is sold or packed or in any bakehouse or in or on any vehicle or other thing used in

1198 Trade Measurement (Bread) Act 1990, No. 69 connexion with the delivery or distribution of bread and remove the bread from the package; (h) seize any bread and any package containing bread in respect of which an offence against this Act appears to the inspector to have been committed; (i) require a person found in any place in which bread is sold or packed or any bakehouse or a person engaged in the delivery or distribution of bread to answer questions, or produce records under the person's control, concerning the bread; (j) make copies of or take extracts from records produced pursuant to paragraph (i) or found by the inspector as a consequence of the power to search. (2) If any person in whose presence bread may be selected and measured under subsection (1), when requested by the inspector to be present at that selection and measuring, refuses or fails to be present then, notwithstanding that subsection, the inspector may select and measure the bread in the absence of any person specified in that subsection. (3) This Act is not to be construed as requiring an inspector to include in any measuring any loaf of bread drawn from an oven after the inspector's entry into a place. (4) An inspector is not entitled to enter a part of premises used for residential purposes, except- (a) with the consent of the occupier; or ( b) under the authority of a search warrant. 21. Inspector to give certificate . If on measuring any loaves of bread an inspector finds a deficiency in the mass prescribed therefor the inspector shall give to the person who pursuant to this Act is present at the measuring a copy of a certificate signed by the inspector showing the correct particulars of such measuring or, where the bread is measured under the authority of this Act in the absence of any such person, the inspector shall give such copy to some person employed or apparently employed at the place where the bread was made or sold or in connexion with the business carried on thereat or if some such person cannot be found, the inspector shall forward such copy by prepaid registered letter addressed to the person, at that place, who made or sold the bread. 22. Loaf of bread taken, etc ., by inspector to be delivered to an analyst . (1) An inspector who takes, obtains or seizes any loaf of bread must wrap, seal and mark the loaf and deliver it in that condition to an analyst.

Trade Measurement (Bread) Act 1990, No. 69 1199 (2) The delivery may be effected- (a) personally; or (b) by sending the loaf of bread by registered post to the analyst at his usual address; or (c) by sending the loaf in a sealed package addressed to the analyst at his usual address by rail, road, water or air transport; or (d) in such other manner (if any) as may be prescribed. 23. Pre-packed bread - special powers . (1) If a name is marked on the package containing pre-packed bread, an inspector may require the person named to state in writing, within a reasonable time specified by the inspector- (a) the name and address of the person who packed the bread; and (b) the address of the premises at which the bread was packed. (2) If a person sells pre-packed bread, an inspector may require the person to state in writing, within a reasonable time specified by the inspector, the name and address of the person who supplied the pre- packed bread to that person. 24. Obstruction , etc., of inspector . A person is guilty of an offence if the person- (a) hinders or obstructs an inspector when the inspector is exercising any function of an inspector under this Act; (b) fails to comply with a requirement of an inspector made under the authority of this Act; (c) is reasonably suspected by the inspector of having committed, or of having been involved in the commission of, an offence against this Act and fails to state his or her true name and residential address on being required to do so by an inspector (so long as the inspector warns the person that it is an offence to fail to do so); (d) assaults or directly or indirectly threatens an inspector while the inspector is exercising the functions of an inspector; or (e) impersonates an inspector or otherwise falsely pretends to be engaged in or associated with the administration of this Act. Penalty: 150 penalty units. 25. Self-incrimination . (1) A person is not excused from answering any question or producing any record, if required to do so under this

1200 Trade Measurement (Bread) Act 1990, No. 69 Part, on the ground that the answer or record might tend to incriminate the person or make the person liable to a penalty. (2) An answer given or document produced by a person in compliance with a requirement of this Part is not admissible against the person in any criminal proceedings other than proceedings for an offence under section 31. 26. Inspector ' s certificate of authority to be produced . An inspector exercising or proposing to exercise a function under this Act shall, on request, produce the inspector's certificate of authority issued under the Administration Act. PART V-MISCELLANEOUS 27. Increased penalty for body corporate . The maximum penalty for an offence under a provision of this Act committed by a body corporate is a fine that is 5 times the fine provided for in the provision as the penalty. 28. Compensation for loss caused by offence . (1) If a person is convicted of an offence under this Act and the court considers that the commission of the offence caused another person to suffer pecuniary loss, the court may order the convicted person to pay to the other person a specified amount of compensation for the loss. (2) The court may make such an order whether or not it imposes a penalty for the offence. (3) The amount ordered to be paid may be recovered in a court of competent jurisdiction as a debt due by the convicted person to the other person. 29. Offence by employee - liability of employer. (1) If an employee contravenes any provision of this Act, the employer is taken to have contravened the same provision (whether or not the employee contravened the provision without the employer's authority or contrary to the employer's orders or instructions). (2) It is a defence in proceedings against an employer for such a contravention if it is established- (a) that the employer had no knowledge of the contravention; and (b) that the employer could not, by the exercise of due diligence, have prevented the contravention. (3) An employer may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the employee has been proceeded against or convicted under that provision. 30. Offence by body corporate - liability of directors , etc. (1) If a body corporate contravenes any provision of this Act, each person who is a director of the body corporate or who is concerned in its management

Trade Measurement (Bread) Act 1990, No. 69 1201 is taken to have contravened the same provision if the person knowingly authorized or permitted the contravention. (2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the body corporate has been proceeded against or convicted under that provision. 31. False or misleading statements. (1) A person is guilty of an offence if the person makes a statement that is false or misleading in a material particular in- (a) an answer to a question asked by an inspector under Part IV; or (b) a statement of a name or address to an inspector under Part IV; Penalty: 30 penalty units. (2) It is a defence in proceedings for such an offence if it is established that, when the statement was made, the defendant believed on reasonable grounds that the statement was true and not misleading. 32. Evidence-signature of Minister, etc. A signature purporting to be the signature of the Minister, the Chief Inspector or an inspector, or of a delegate of the Chief Inspector, shall, unless the contrary is established, be presumed to be the signature it purports to be. 33. Certificate evidence. The following certificates are prima facie evidence of the matters they certify- (a) a certificate purporting to have been issued by the Minister to the effect that a person specified in the certificate is or was the Chief Inspector at a time, or during a period, specified in the certificate; (b) a certificate purporting to have been issued by the Chief Inspector to the effect that a person specified in the certificate was or was not an inspector at a time, or during a period, specified in the certificate. 34. Evidence-analyst's certificate. In proceedings for an offence under Part II- (a) the production by the prosecutor of a certificate of analysis purporting to be under the hand of an analyst is sufficient evidence of the facts stated therein unless the defendant requires that the analyst be called as a witness, in which case he must give notice thereof to the prosecutor not less than three clear days before the return day; (b) in like manner the production by the defendant of a certificate of analysis purporting to be under the hand of an analyst is sufficient evidence of the facts stated therein, unless the prosecutor requires that the analyst be called as a witness; a copy of such last named certificate must be sent to the

1202 Trade Measurement (Bread) Act 1990, No. 69 prosecutor at least three clear days before the return day, and if it is not so sent the court may adjourn the hearing on such terms as it thinks proper; (c) in which it is material to prove that a loaf of bread purporting to be of a denomination or a denomination and description specified in that Part, was deficient of the mass prescribed therefor, evidence that the total dry solids of that loaf of bread as ascertained upon an analysis thereof by an analyst is less than the total dry solids prescribed for a loaf of bread of that denomination or, as the case may be, denomination and description, is evidence and, in the absence of evidence to the contrary is conclusive evidence that that loaf of bread was deficient of the mass prescribed for a loaf of bread of that denomination or, as the case may be, denomination and description. 35. Evidence -pre-packed bread. (1) A marking on the package containing pre-packed bread of the name of a person is prima facie evidence- (a) that the bread was packed by the person; or (b) where the name is or was registered under the law relating to business names, that the bread was packed jointly and severally by the persons in relation to whom the business name is or was registered. (2) A marking on the package containing pre-packed bread of the address of a place is prima facie evidence that the bread was packed at that place. (3) A marking on the package containing pre-packed bread purporting to be the date on which the bread was packed is prima facie evidence that the bread was packed on that date. (4) The fact that bread contained in a package is found exposed for sale or in the possession of a person for sale is prima facie evidence that the bread is pre-packed bread. 36. Packaged bread presumed to be pre-packed in certain circumstances . (1) Unless the contrary is established, packaged bread is to be presumed to be pre-packed bread for the purposes of this Act if it is found in premises where bread is packed for sale or is kept after being packed for sale. (2) The fact that the package is not marked as required by this Act is not sufficient to establish that the bread is not pre-packed bread. 37. No need to prove appointment of Chief Inspector , etc. In a proceeding for the purposes of this Act it is not necessary to prove the appointment of the Chief Inspector or of any other inspector. 38. Records- English language . A requirement under this Act to produce a record includes, where the record is not written at all or not

Trade Measurement ( Bread ) Act 1990, No. 69 1203 written wholly in the English language, a requirement to produce a statement, written in the English language, setting out such of the particulars in the record as are not written in the English language. 39. Copy of analyst ' s certificate may be obtained . A copy of any certificate of the result of any analysis of a loaf of bread procured by an inspector may be obtained from the analyst concerned by the person from whom the bread so analysed was taken, obtained or seized. 40. Restrictions on advertising . (1) A copy of a certificate of the result of any analysis of a loaf of bread procured by an inspector must not be used for trade purposes or as an advertisement. (2) A person must not use for trade purposes or as an advertisement any communication or correspondence emanating from any department of the government of the State which communication or correspondence relates to bread. (3) A person who contravenes subsection (1) or (2) is guilty of an offence. Penalty: 75 penalty units. 41. Regulations . (1) The Governor in Council may make regulations, not inconsistent with this Act, prescribing matters- (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting the generality of subsection (1), the regulations may make provision with respect to the following:- (a) prescribing the method of ascertaining the total dry solids of a loaf of bread and requiring that an analyst declare, in the certificate of the result of an analysis of a loaf of bread carried out by the analyst, that that method was followed in carrying out the analysis; (b) the keeping of records in relation to the making, sale and packing of bread. (3) The regulations may prescribe a penalty not exceeding 30 penalty units for any offence against the regulations.