FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 33 Powers of sampling.

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FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 33

Powers of sampling.

33.(1) An authorised officer of a [district council] may exercise such powers
of procuring samples for analysis, or for bacteriological or other
examination, as are conferred upon him by this section, and any such officer
is in this Act referred to as a "sampling officer".

(2) Subject to sub-section (3), a sampling officer may purchase samples of any
food..., or of any substance capable of being used in the preparation of food.

Subs.(3) rep. by 1968 c.67 s.135(4) sch.8

(4) Subject to the provisions of this section, a sampling officer may take a
sample of any food, or of any substance capable of being used in the
preparation of food which

(a)appears to him to be intended for sale for human consumption; or

(b)appears to him to have been sold for human consumption; or

(c)is found by him on or in any premises, stall, vehicle or place other than
premises which he is authorised to enter for the purposes of the execution of
this Act.

(5) A sampling officer shall not, without the consent of the purchaser,

(a)take a sample of any food or substance (other than milk) which appears to
him to have been sold by retail, either while the food or substance is in the
course of delivery to the purchaser, or at any time after such delivery;

(b)take a sample of milk which appears to him to have been sold by retail at
any time after the milk has been delivered to the purchaser.

(6) Any power of an authorised officer to procure samples of milk may be
exercised at a place outside the [district of the district council] by whom
that authorised officer was appointed, if the [district council of the
district] within which the place is situated have consented to samples of milk
being procured within their [district] by officers of the first-mentioned
[council].

(7) For the purposes of this Act any sample procured in accordance with
sub-section (6) shall be deemed to have been procured within the [district]
for which the officer in question acts.

(8) A [district council] shall not unreasonably withhold their consent for the
purposes of sub-section (6), and any question as to the reasonableness of
withholding such consent shall be referred to and determined by the Ministry.

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Northern Irish Legislation

FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 33