Bare ActsThe PREVENTION OF FOOD ADULTERATION ACT, 1954

Section 11

Procedure to be followed by food Inspectors

Amendment status not verified — confirm the current text below against the official source.

Procedure to be followed by food Inspectors.—3[(1) When a food inspector takes a sample of food for analysis, he shall— (a) give notice in writing then and thereof his intention to have it so analysed to the person from whom he has taken the sample and to the person, if any, whose name, address and other particulars have been disclosed under section 14A. (b) except in special cases provided by rules under this Act, divide the sample then and there into three parts and mark and seal or fasten up each part in such a manner as its nature permits and take the signature or thumb impression of the person from whom the sample has been taken in such place and in such manner as may be prescribed: Provided that where such person refuses to sign or put his thumb impression the food inspector shall call upon one or more witnesses and take his or their signatures or thumb impressions, as the case may be, in lieu of the signature or thumb impression of such person; (c) (i) send one of the parts for analysis to the public analyst under intimation to the Local (Health) Authority; and (ii) send the remaining two parts to the Local (Health) Authority for the purposes of sub-section (2) of this section and sub sections (2A) and (2E) of section 13. (2) Where the part of the sample sent to the public analyst under sub-clause (I) of clause (c) of sub-section (1) is lost or damaged, the Local (Health) Authority shall, on a requisition made to it by the public analyst or the food inspector dispatch one of the parts of the sample sent to it under sub-clause (ii) of the said clause (c) to the public analyst for analysis.] (3) When a sample of any article of food 4[or adulterant] is taken under sub-section (1) or sub-section (2) of section 10, 5[the food inspector shall, by the immediately succeeding working day, send send a sample of the article of food or adulterant or both, as the case may be,] in accordance with the rules prescribed for sampling to the public analyst for the local area concerned. 6[(4) An article of food seized under sub-section (4) of section 10, unless destroyed under sub-section (4A) of that section, and any adulterant seized under sub-section (6) of that section shall be produced before a magistrate as soon as possible and in any case not later than seven days after the receipt of the report of the public analyst.] 7* * * * * Provided 8*** that if an application is made to the magistrate in this behalf by the person from whom any article of food has been seized, the magistrate shall by order in writing direct the food inspector to produce such article before him within such time as may be specified in the order.

Section 11 – The PREVENTION OF FOOD ADULTERATION ACT, 1954 | DailyLaw.ai