Bare ActsThe PREVENTION OF FOOD ADULTERATION ACT, 1954

Section 10

Powers of Food Inspectors

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Powers of Food Inspectors.—(1) A food Inspector shall have power— (a) to take samples of any article of food from— (i) any person selling such article; (ii) any person who is in the course of conveying, delivering or preparing to deliver such article to a purchaser or consignee; (iii) a consignee after delivery of any such article to him; and (b) to send such sample for analysis to the public analyst for the local area within which such sample has been taken; 1[(c) with the previous approval of the Local (Health) Authority having jurisdiction in the local area concerned, or with the previous approval of the Food (Health) Authority, to prohibit the sale of any article of food in the interest of public health.] 2[Explanation—For the purposes of sub-clause (iii) of clause (a) “consignee” does not include a person who purchases or receives any article of food for his own consumption.] 3[(2) Any food inspector may enter and inspect any place where any article of food is manufactured, or stored for sale, or stored for the manufacture of any other article of food for sale, or exposed or exhibited for sale or where any adulterant is manufactured or kept, and take samples of such article of food or adulterant for analysis: Provided that no sample of any article of food, being primary food, shall be taken under this sub-section if it is not intended for sale as such food.] (3) Where any sample is taken under clause (a) of sub-section (1) or sub-section (2), its cost calculated at the rate at which the article is usually sold to the public shall be paid to the person from whom it is taken. (4) If any article intended for food appears to any food inspector to be adulterated or misbranded, he may seize and carry away or keep in the safe custody of the vendor such article in order that it may be dealt with as hereinafter provided 4[and he shall, in either case, take a sample of such article and submit the same for analysis to a public analyst]. 5[Provided that where the food inspector keeps such article in the safe custody of the vendor he may require the vendor to execute a bond for a sum of money equal to the value of such article with one or more sureties as the food inspector deems fit and the vendor shall execute the bond accordingly.]

Section 10 – The PREVENTION OF FOOD ADULTERATION ACT, 1954 | DailyLaw.ai